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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3670956
Regular
Mar 13, 2023

JULIE WYATT vs. SODEXHO, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original award. The applicant, Julie Wyatt, was injured in 2002 and awarded future medical treatment. The defendant's denial of the medication Zanaflex was found to be untimely, rendering it invalid and subject to review by the Board. The Board found the medication medically necessary based on physician reports, despite an Independent Medical Review (IMR) denial.

ADJ3670956SODEXHOGALLAGHER BASSETTPetition for ReconsiderationDENYINGWCJ reportJULIE WYATTApril 192002Back
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ4376851
Regular
Sep 15, 2009

PETRA ORTEGA vs. CAMBRO MANUFACTURING COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration and amends Findings of Fact 3 and 4 to reflect applicant's entitlement to ongoing temporary disability benefits. The WCJ's September 15, 2009 decision is otherwise affirmed.

WCABPETRA ORTEGACAMBRO MANUFACTURING COMPANYSTATE COMPENSATION INSURANCE FUNDADJ4376851LAO 0808601Petition for ReconsiderationFindings and AwardWCJindustrial injury
References
Case No. SBR 0304651, SBR 0304652, SBR 0304653
Regular
Jul 07, 2008

ELIO MUNIZ vs. AMERICOLD FROZEN FOOD CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the period for which penalties were awarded for delayed temporary disability payments. While affirming the finding of industrial injuries and a stipulation for award, the Board adjusted the penalty period for temporary disability from June 27, 2002, to June 21, 2002, based on defendant's exhibit. All other aspects of the original Findings and Award were affirmed.

Petition for ReconsiderationFindings and AwardWCJStipulation with Request for Awardunreasonable delaytemporary disability indemnitypermanent disability indemnityspinal surgeryLabor Code section 5814temporary total disability
References
Case No. ADJ1983957 (AHM 0098847) ADJ3595428 (AHM 0104340) ADJ639258 (AHM 0142901)
Regular
Apr 20, 2012

TRINIDAD SEPULVEDA vs. IRISH CONSTRUCTION; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by BROADSPIRE, for CALIFORNIA COMPENSATION, in liquidation; CENTRE INSURANCE, administered by RISK ENTERPRISE MANAGEMENT; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, administered by CHARTIS CLAIMS

This case concerns an applicant seeking further temporary disability benefits for injuries sustained in 1999, 2000, and 2001-2002. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning a prior ruling that denied jurisdiction to award benefits beyond five years from the date of injury. The WCAB found jurisdiction exists for the 2000 and 2001-2002 injuries because temporary disability entitlement was not previously resolved. Consequently, the applicant is entitled to temporary disability from June 2, 2011, continuing, for those latter two injury dates.

Workers' Compensation Appeals BoardJoint Findings of Factnew and further temporary disabilitydate of injuryjurisdictionStipulation and Awardfinal adjudicationLabor Code section 4656temporary disability paymentsCentral Wholesale Electric Supplies v. Workers' Comp. Appeals Bd.
References
Case No. ADJ1928388
Regular
Nov 09, 2015

JEFFREY REYNOLDS vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the August 19, 2015 Findings of Fact, Award & Orders. The Board affirmed the finding that the applicant's February 22, 2002 injury was not caused by the defendant's serious and willful misconduct, as the applicant failed to prove this claim. Additionally, the Board upheld the findings that prior injuries from 1998 and 1997 did not cause permanent disability or need for further medical treatment, and that a cumulative trauma claim from 1995-2002 was not proven. The denial was based on the WCJ's report and a lack of sufficient legal argument and record references in the applicant's petition.

Serious and willful misconductPetition for reconsiderationWorkers' Compensation Appeals BoardAdministrative law judgeFindings of FactAward & OrdersIndustrial injuryPermanent disabilityNeed for further medical treatmentCumulative period
References
Case No. ADJ940068
Regular
Jun 22, 2010

JUAN GUZMAN vs. PEAK HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding that applicant Juan Guzman did not sustain an industrial injury. Guzman claimed he contracted Valley Fever due to his agricultural employment in 2002. The Board adopted the Workers' Compensation Judge's report, which found defendant's medical expert's opinion more credible. This expert concluded that the incubation period of Valley Fever, and the applicant's symptom onset in 2006, made an industrial exposure in 2002 unlikely. The Board found applicant failed to prove a connection between his condition and his employment, and did not demonstrate a dormant infection originating from his work.

CoccidioidomycosisValley FeverPetition for ReconsiderationIndustrial InjuryMedical EvidenceIncubation PeriodDormant InfectionPro PerStipulations and IssuesFindings and Order
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. ADJ1781751 (SJO 0264172) ADJ4460330 (SJO 0264178) ADJ3361342 (SJO 0266633)
Regular
Jan 14, 2010

SARA MARTINEZ-RODRIGUEZ vs. TARGET STORES, Permissibly Self-Insured; SEDGWICK CMS, TPA

The Workers' Compensation Appeals Board denied Target Stores' petition for reconsideration, affirming the WCJ's award to Sara Martinez-Rodriguez. The Board found Target's argument that the applicant's 2002 absence from work was for personal reasons unsubstantiated, upholding the temporary disability finding. The Board also affirmed the WCJ's use of the 1997 permanent disability rating schedule for the 1998 and 2002 injuries, primarily because Target failed to issue the required Section 4061 notice due to its own misconduct in not paying temporary disability benefits. The Board disagreed with the WCJ's secondary rationale for applying the older schedule based on the AME's post-2005 report, finding it insufficient on its own.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityRating ScheduleLabor Code Section 4061Agreed Medical Examiner (AME)Pre-2005 Injuries1997 Rating Schedule
References
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