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High Court Denies Review to Case With Minvielle Issues

09/19/2011
The California Supreme Court denied review to the Workers' Compensation Appeals Board's split panel decision to apportion a worker's award in a case that drew comparisons to Minvielle v. WCAB. Last week the state Supreme Court declined an applicant's petition for review in the case of Robinson

Category: News

3rd DCA to Consider Ogilvie, Apportionment Arguments

10/13/2010
noted that the defense had the burden to prove that apportionment was merited but that the workers' compensation judge concluded that the defense failed to satisfy the burden of proof. The WCAB's panel decision in Minvielle v. County of Contra Costa appears to support Marcus' view on the rating

Category: News

Panel Decision Reaffirms Minvielle as Good Law

08/02/2011
Commissioners Deidra Lowe Frank Brass and Alfonso Moresi opted not to apportion Michael Garvey's award after concluding that the defense did not satisfy its burden to prove apportionment. The commissioners cited the 2010 panel decision of Minvielle v. Contra Costa County Fire Protection District which had

Category: News

High Court Extends Time to Review Apportionment Challenge

09/29/2010
Minvielle. The employer petitioned the high court to review the case. The employer the Contra Costa County Fire Protection District is challenging a Jan. 4 panel decision declining to apportion a firefighter's 31 permanent disability award by 27.5. The county based its argument upon the fact that the

Category: News

Employer Asks High Court to Review Apportionment Question

08/11/2010
A defendant employer filed a petition asking the California Supreme Court to revisit a Workers' Compensation Appeals Board panel decision that declined to apportion a firefighter's 31 permanent disability award. The employer is challenging the WCAB's Jan. 4 panel decision in Minvielle v. County

Category: News

High Court Denies Review to Apportionment, AME Panel Decisions

10/15/2010
cases on Thursday including Contra Costa County Fire Protection District v. WCAB Minvielle. In Minvielle the WCAB denied Contra Costa County's request to apportion a firefighter's 31 permanent disability award which was issued under the 2005 rating schedule. The commissioners denied

Category: News

HernandezRosemary

09/01/2016
industrial injury to her 17 back and right leg which resulted in an April 30 1990 stipulated award of 13 permanent disability. 18 Applicant contends that the WCJ erred in apportioning to the prior award of permanent disability 19 pursuant to Labor Code section 4664 and Minvielle v. Workers' Comp

Category: Panel

MinvielleRandall

01/01/2010
1 WORKERS' 2 3 4 COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ277378 OAK 0321116 5 6 RANDALL MINVIELLE Applicant 7 vs. 8 COUNTY OF CONTRA COSTA CONTRA 9' 10 COSTA FIRE legally uninsured OPINION AND ORDER DENYING RECONSIDERATION 1i 12 13' 141

Category: Panel

Grinberg: Pre-2005 Awards Count Toward 100% PD Cap

11/24/2020
-denied case of Contra Costa Fire Protection District v. WCAB Minvielle a 2010 case in which the agreed medical evaluator opined that there was no apportioning current PD to a prior award because the instant PD was based on the AMA Guides and the 2005 rating schedule and

Category: Industry Insights

CarrerasSantiago

08/01/2010
bane opinions establishing how to prove overlap in such a case. We are assisted in addressing this question however by the decision in Contra Costa Fire Protection District v. Workers' Comp. Appeals Bd. Minvielle 2010 75 Cal.Comp.Cases __ 2010 Cal. Wrk. Comp. LEXIS 144 writ denied. 4 5 6

Category: Panel

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