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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. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
Case No. MON 339411
Regular
Jun 27, 2008

DIONISIO JIMENEZ vs. NUPAC APARTMENTS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB has granted the petition, acknowledging the need for further review of the factual and legal issues. This reconsideration is being undertaken to ensure a thorough understanding of the record and to enable the Board to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionReconsideration UnitNupac Apartments
References
Case No. MON 0339411
Regular
Jul 21, 2008

Dionisio Jimenez vs. NUPAC APARTMENTS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the proper method used to rate the applicant's permanent disability following a back and leg injury. The defendant contends the Agreed Medical Examiner improperly used the Range of Motion (ROM) method instead of the Diagnosis-Related Estimate (DRE) method per the AMA Guides. The Appeals Board rescinded the prior award and returned the case to the trial level for further development of the record. This development will address why the ROM method was used and clarify the appropriate rating methodology.

Workers' Compensation Appeals BoardDionisio JimenezNupac ApartmentsState Compensation Insurance FundMON 0339411Opinion and Decision After ReconsiderationFindings and AwardIndustrial InjuryBack InjuryRight Leg Injury
References
Case No. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
Case No. ADJ7274196
Regular
Dec 07, 2012

RONALD PIERCE vs. CITY OF TULARE

The applicant, Ronald Pierce, requested to appear telephonically for trial as an ADA accommodation, which the Workers' Compensation Judge (WCJ) denied, citing due process and the need to observe witnesses. The Appeals Board dismissed Pierce's Petition for Reconsideration because the WCJ's ruling was not a final decision. The Board also denied his Petition for Removal, finding no significant prejudice as the substantive issue was to be decided on briefs. Pierce was also advised that he does not have a right to free legal counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalTelephonic AppearanceADA AccommodationDue ProcessCross-examinationSubstantive RightFinal OrderAggrieved Party
References
Case No. ADJ2312621
Regular
Feb 24, 2014

MARCELINO SANCHEZ vs. TONY LUNA

The Workers' Compensation Appeals Board denied reconsideration of an award to Marcelino Sanchez for injuries sustained while working as an apartment manager. Despite applicant's credibility issues, the Board gave great weight to the WCJ's credibility findings, particularly regarding the admission of a police report detailing the incident. The defendant's arguments regarding applicant's employment status and the weight of evidence were found unpersuasive. The Board also denied the defendant's request to augment the record with an attorney's declaration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityGarza v. Workmen's Comp. Appeals Bd.Supplemental ParagraphAugment the RecordDefense Attorney's DeclarationApartment ManagerUninsured Employer
References
Case No. ADJ7998682, ADJ8728951
Regular
Dec 16, 2013

Elizabeth Herrera Mendez vs. L&B Real Estate, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant was an employee of L&B Real Estate. The Board adopted the Workers' Compensation Administrative Law Judge's report and gave great weight to the judge's credibility determination. The applicant's credible testimony regarding her employment and duties as an apartment manager, in exchange for a rent reduction, formed the basis of the decision. The defendant's arguments disputing employment and referencing a prior Labor Commissioner finding were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Apartment ManagerInjury DatesEmployment DisputeApplicant TestimonyL&B Real Estate
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ6440381
Regular
Jan 20, 2015

DAVID SOWLES vs. MERIDIAN MANAGEMENT GROUP, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant sustained a right hand and wrist injury on August 14, 2003, with a temporary total disability rate of $501.59 based on earnings of $752.38 weekly. The defendant argued the rate should be lower due to a provided apartment and that the injury was cumulative, not specific. The Board granted reconsideration solely to correct a clerical error, amending the finding to reflect a cumulative injury through August 14, 2003. Otherwise, the original award, including the earnings and disability rate, was affirmed.

Workers' Compensation Appeals BoardMeridian Management GroupZenith Insurance CompanyDavid SowlesProperty ManagerAugust 142003Right Hand InjuryRight Wrist InjuryCumulative Industrial Injury
References
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