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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. SBR 0283205, SBR 0267402
Regular
Dec 11, 2007

PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

Workers' Compensation Appeals BoardLockheed Martin Aircraft ServicesPermissibly Self-InsuredESISTravelers InsurancePhillip F. GarciaFurther Supplemental Findings and AwardTotally Permanently Disabled1995 injury1998 injury
References
Case No. ADJ3843514
Regular
Sep 15, 2008

Ramona J. Ornelas vs. COUNTY OF SACRAMENTO

Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.

RAMONA J. ORNELASCOUNTY OF SACRAMENTOADJ3843514SAC 0274104OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONLEFT MINOR SHOULDERLEFT MINOR WRISTBILATERAL KNEESPSYCHE
References
Case No. ADJ4365742 (LBO 0352703) ADJ4152332 (LBO 0357943) ADJ940369 (LAO 0870317)
Regular
Mar 04, 2011

MICHAEL SUMMERS vs. NATIONWIDE PAPERS, SEDGWICK CLAIMS MANAGEMENT

This case concerns applicant Michael Summers' petition for reconsideration of a workers' compensation award for a right knee injury sustained in 1998. The administrative law judge (WCJ) found the applicant's permanent disability arose solely from the 1998 injury and was correctly rated under the 1997 schedule. Applicant argued for a single award for multiple injuries, including a later one, and use of the AMA Guides, but the WCJ relied on the treating physician's opinion that only the 1998 injury caused disability. The Appeals Board affirmed the WCJ's decision, finding the 1997 schedule properly applied based on pre-2005 medical reports.

Workers Compensation Appeals BoardNationwide PapersSedgwick Claims ManagementMichael SummersTruck DriverIndustrial InjuryRight KneePermanent DisabilityApportionmentDr. Rothi
References
Case No. SFO 0460461
Regular
Oct 11, 2007

HEIDI RUEDA vs. WESTAMERICA BANCORP., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INSURANCE, LIBERTY MUTUAL FIRE INSURANCE COMANY

This case involves CIGA's claim for reimbursement from Liberty Mutual for benefits paid to applicant Heidi Rueda due to industrial injuries sustained in 1992 and 1998. Liberty Mutual, liable for the 1998 injury, disputes CIGA's entitlement to 100% reimbursement, arguing the 1992 injury also contributed to the disability. The Workers' Compensation Appeals Board denied Liberty Mutual's request for reconsideration, upholding the arbitrator's findings.

Workers' Compensation Appeals BoardCIGAFremont InsuranceLiberty MutualReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityMedical BenefitsMedical-Legal Expenses
References
Case No. ADJ4706807 (POM 0239620) ADJ1530155 (POM 0271597)
Regular
Jan 13, 2010

SANDRA ZITO vs. RIALTO UNIFIED SCHOOL DISTRICT, ACE/USA administered by ESIS, (formerly administered by Keenan & Associates), CIGA by CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board rescinded prior decisions and remanded two cases for further proceedings. The Board found issues with how permanent disability was calculated and apportioned for the applicant's 1998 and 2003 back injuries. Specifically, the calculations for the 1998 injury were incorrect under the old rating schedule, and the apportionment for the 2003 injury lacked sufficient evidence of overlap. The Board also ordered clarification on liability for future medical treatment.

CIGAESISApportionmentPermanent DisabilityReconsiderationIndustrial InjuryMedical TreatmentPetition to ReopenStipulation with Request for AwardAME
References
Case No. ADJ3881447 (SBR 0148064)
Regular
Jan 12, 2012

TERRIE L. HAYES vs. MARRIOTT INTERNATIONAL

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior October 21, 2011, Finding and Order. The Board also dismissed the petition as untimely because it challenged a January 16, 1998, Findings and Award, which was filed over thirteen years past the statutory deadline. Labor Code section 5903's twenty-day reconsideration period is jurisdictional, and untimely petitions cannot be granted. The applicant's request to reopen the 1998 decision was thus procedurally barred.

WCABReconsiderationFindings and OrderFindings and AwardTemporary Total DisabilityUntimely PetitionLabor Code 5903Jurisdictional Time LimitDismissalMarriott International
References
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
Case No. ADJ461872 (MON 0305024)
Regular
Feb 25, 2011

## ANTHONY MEYN, vs. ## LACMTA; Permissibly Self-Insured, As Administered By LACMA; TRAVELERS INSURANCE

In this workers' compensation case, the Board denied Travelers Insurance's petition for reconsideration, upholding the WCJ's finding that the applicant sustained a cumulative trauma injury as a bus driver ending June 8, 2002. Travelers argued the date of injury should have been July 16, 1998, when the applicant was diagnosed with hypertension, asserting the applicant knew his condition was work-related at that time. However, the Board found insufficient evidence that the applicant knew or should have known in 1998 that his disability was caused by his employment. Therefore, liability was correctly apportioned to the employer for the period ending June 8, 2002, when the applicant's injurious exposure concluded.

Workers' Compensation Appeals BoardAnthony MeynLACMTATravelers Insurancecumulative traumabilateral wristslumbar spinehypertensionheartpermanent disability
References
Case No. ADJ3637086 (POM 0212645) ADJ2449975 (POM 0236601)
Regular
Jun 04, 2013

NICK GASCA vs. COUNTY OF SAN BERNARDINO

In two consolidated workers' compensation cases, the Board affirmed the original award for a 1994 industrial injury to applicant's back, extremities, and psyche, totaling 33% permanent disability. The Board also affirmed the original award for a 1998 industrial injury to the applicant's low back and psyche, also resulting in 33% permanent disability. However, the Board amended the 1998 award to defer the issue of attorneys' fees and returned the matter for further development of the record regarding fee entitlement. The Board found the trial judge's reliance on Dr. Green's reports regarding non-industrial internal conditions to be persuasive, rejecting the applicant's argument for an independent medical examiner.

ADJ3637086ADJ2449975Nick GascaCounty of San BernardinoReconsiderationFindings and AwardPermanent DisabilityTemporary DisabilityIndustrial InjuryLow Back Injury
References
Case No. GOL 0088273
Regular
Aug 18, 2008

ROBERT SIEBURG vs. RONALD WOLFE & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and returned the case for further development of the record. The Board found the findings of the administrative law judge regarding $97\%$ permanent disability and apportionment were not supported by substantial medical evidence. Specifically, the opinion of Dr. Kahmann was deemed deficient due to internal inconsistencies, lack of explanation for apportionment, and undefined work restrictions. The Board also found Dr. Basham's report did not meet the standard for substantial medical evidence regarding cognitive dysfunction.

WORKERS' COMPENSATION APPEALS BOARDROBERT SIEBURGRONALD WOLFE & ASSOCIATESSTATE COMPENSATION INSURANCE FUNDGOL 0088273OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and AwardWCJmaintenance person
References
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