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

Case No. ADJ17146948; ADJ17146930; ADJ15040609
Regular
Apr 28, 2025

WAYNE BLOSSER vs. RB SPENCER, INC., INSURANCE COMPANY OF THE WEST

Applicant Wayne Blosser sustained multiple industrial injuries, leading to a WCJ award for home modifications, including a mobile home construction and interim ADA-compliant housing, citing the defendant's failure to timely investigate treatment needs. Defendant sought reconsideration, arguing due process violations, lack of WCJ jurisdiction over home modifications, and insufficient evidentiary support for the award. The Workers' Compensation Appeals Board denied the petition, affirming the WCJ's findings that the defendant had ample notice to investigate and that the issue fell within the WCJ's jurisdiction given the parties' stipulations on medical necessity and the implementation nature of the dispute. The Board emphasized the employer's affirmative duty to investigate and provide benefits upon notice of potential needs.

Workers' Compensation Appeals BoardIndustrial InjuryAC HVAC Commercial InstallerHome ModificationsADA Compliant ApartmentSkilled Nursing FacilityUtilization ReviewIndependent Medical ReviewDue ProcessLabor Code
References
Case No. ADJ9859155
Regular
Dec 03, 2016

WILLIAM LEE vs. AC TRANSIT

The Workers' Compensation Appeals Board granted a Petition for Removal concerning William Lee's case against AC Transit. The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016. The matter has been returned to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge.

Petition for RemovalOrder Limiting Subpoena Duces TecumRescindedTrial LevelFurther ProceedingsDecision After RemovalWorkers' Compensation Appeals BoardWCJAC TransitYork Risk Services
References
Case No. ADJ3712262 (AHM 0138707)
Regular
Jan 09, 2012

BRIAN HICKS vs. TENNESSEE TITANS, CAROLINA PANTHERS, et al.

This case involves a lien claimant, ACS Recovery Services, Inc., seeking reconsideration of a disallowance of its lien and denial of penalties. The Workers' Compensation Appeals Board dismissed ACS's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCJ's report highlighted this defect, and ACS failed to cure it or provide a compelling explanation within a reasonable time. Consequently, the Board dismissed the petition, noting it would have been denied on the merits otherwise.

ACS Recovery ServicesLien claimantPetition for reconsiderationVerified petitionLabor Code section 5902Lucena v. Diablo Auto BodyDisallowancePenaltiesInterestWCJ
References
Case No. ADJ2423224 (MON 0355228) ADJ4514058 (MON 0355229)
Regular
Oct 02, 2012

EDWARD BONILLAS vs. STUDIO MANAGEMENT SERVICES, INC., ZENITH INSURANCE COMPANY, US FIRE INSURANCE COMPANY

This case involves a dispute over an Employment Development Department (EDD) lien in a workers' compensation claim for cumulative trauma to the applicant's lumbar spine and psyche. The original award found the applicant permanently disabled and entitled to benefits, but failed to address the EDD lien for temporary disability payments made during a period where the defendant had already paid 104 weeks of temporary disability indemnity. The Workers' Compensation Appeals Board granted reconsideration to address the unresolved EDD lien issue. The Board determined that the WCJ's rationale for disallowing the lien was legally insufficient and deferred the issue for further proceedings, ordering the defendant to reserve funds for the lien.

Workers' Compensation Appeals BoardCumulative trauma injuryLumbar spine injuryPsyche injuryHVAC installerTemporary disabilityPermanent disabilityEDD lienReconsiderationJoint Findings and Award
References
Case No. ADJ7437756
Regular
Mar 23, 2012

Antonio Parvool vs. TONY'S FOOD SERVICE, TRAVELERS INDEMNITY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, finding that applicant Antonio Parvool sustained an industrial injury while employed as a chef's assistant and traveling for his employer. The Board overturned the original finding that the applicant's dive into a pool at an employer-provided hotel was not work-related, applying the "commercial traveler rule." This rule presumes an employee is acting within the scope of employment during business travel, including activities reasonably necessary for comfort. The Board clarified that Labor Code section 3600(a)(9) regarding recreational activities does not apply to commercial travelers.

Commercial traveler ruleIndustrial injuryCourse of employmentReconsiderationFindings and OrdersLabor Code section 3600(a)(9)Reasonable expectancyImpliedly requiredWCJOff-duty recreational activity
References
Case No. ADJ8196618, ADJ9597565
Regular
Jan 08, 2015

KATISHA ADAMS vs. AC TRANSIT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision concerning Katisha Adams. This action was taken to allow further study of the factual and legal issues, ensuring a just and reasoned decision. All subsequent correspondence and filings related to the petition must be submitted directly to the WCAB's Office of the Commissioners, not to the district office.

WCABPetition for ReconsiderationAC TransitSedgwick Claims Management ServicesGrant of ReconsiderationEAMSWorkers' Compensation Appeals BoardElectronic Adjudication Management SystemWCJOffice of the Commissioners
References
Case No. ADJ9310159
Regular
Apr 27, 2018

Kenneth Farias vs. AC TRANSIT, Administered by YORK RISK SERVICE GROUP

The Workers' Compensation Appeals Board dismissed AC Transit's petition for reconsideration of a stipulation and award due to a calculation error regarding permanent disability advances. The Board found that no evidence or testimony had been presented under oath to support AC Transit's claim of mutual mistake or the applicant's argument of unilateral mistake. Therefore, the matter was premature for reconsideration, and the case was returned to the Workers' Compensation Judge to schedule a hearing for evidence to be presented.

Stipulation and AwardPetition for ReconsiderationMutual MistakeUnilateral MistakeGood CauseSet AsidePermanent Disability AdvancesWCJAppeals BoardLabor Code Section 5313
References
Case No. ADJ963026
Regular
Apr 30, 2013

BRODERICK CRAWFORD vs. AC TRANSIT, GATES MCDONALD

This case involves applicant Broderick Crawford's claim for continuing temporary total disability benefits following a 2000 work injury. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Dr. Blackwell's medical opinion to be more persuasive than Dr. Auerbach's, and this constituted substantial evidence to support the award of benefits. The Board affirmed that a single physician's well-reasoned opinion can be sufficient evidence, even if it conflicts with other medical evaluations.

Workers' Compensation Appeals BoardAC TransitGates McDonaldBroderick CrawfordPetition for ReconsiderationReport of WCJsubstantial evidencephysician opiniontemporary total disabilitybilateral hips
References
Case No. ADJ6604427, ADJ8192308
Regular
Jul 31, 2014

CHERRICE MORRIS-GAINES vs. AC TRANSIT, SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, the applicant initially stipulated to a lower average weekly wage, which the Board found to be a final determination that could not be revisited due to lack of good cause and the five-year statute of limitations. The Board affirmed the employer's credit for payments made to the Employment Development Department (EDD) to prevent double recovery. Furthermore, the Board found no unreasonable delay by the employer in payments to EDD, thus denying the applicant's penalty claim. Finally, the Board rescinded the order requiring the applicant's attorney to repay fees voluntarily paid by EDD, as such repayment was not mandated by law.

Workers' Compensation Appeals BoardAC TransitSedgwick Claims Management ServicesADJ6604427ADJ8192308bus drivercumulative traumatemporary disability indemnityLabor Code section 4656(c)(2)mandatory settlement conference
References
Case No. ADJ2137324
Regular
Nov 19, 2010

DEBRA ANTHONY vs. AC TRANSIT, ROSS STORES; SEDGWICK WALNUT CREEK, CAMBRIDGE CONCORD

The Appeals Board granted reconsideration and rescinded the prior award due to insufficient substantial medical evidence. The primary treating physician's reports were deemed unreliable as they were based on an inaccurate post-injury work history. The Board found the record needed further development regarding the applicant's disability and cumulative injury. The case is remanded to the trial level for further proceedings, including potentially supplemental medical reporting or deposition.

WCABADJ2137324OAK 0317296Debra AnthonyAC TransitRoss StoresSedgwick Walnut CreekCambridge ConcordOpinion and Order Granting ReconsiderationPermanent Disability
References
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