Updated Daily

Case Law Database

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

Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975

Regular

Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in attorney fee calculations for applicant Malcolm Strong's permanent disability awards from a specific and cumulative injury to his cervical spine and upper extremities. The Board affirmed the original findings regarding the nature and extent of the injuries and the permanent disability ratings assigned by the WCJ. Applicant's contention that the WCJ erred by using the Combined Value Table to combine impairment ratings was rejected, as the WCJ's application of the AMA Guides was consistent with the Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical ExaminerRichard D. ScheinbergM.D.Permanent Disability Rating ScheduleAMA GuidesCombined Values Tablecervical spine

References

Case No. ADJ9023782

Regular

Sep 20, 2019

REFUGIO PACAS vs. BARON HR. LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied new and further disability for the applicant's November 25, 2012 injury. While the Board found no new disability for the left wrist and lumbar spine, it identified potential new and further disability in the applicant's left knee. The matter is returned for further development of the record, specifically to clarify the applicant's left knee impairment with the agreed medical evaluator. The Board requires clarification on the rating methodology used for the left knee and whether it deviates from the AMA Guides.

Petition to ReopenNew and Further DisabilityStipulated AwardAgreed Medical EvaluatorRange of MotionWhole Person ImpairmentDiagnosis Related EstimateGait DerangementMuscle AtrophyArthritis

References

Case No. ADJ9385114

Regular

Feb 03, 2023

MICHELLE RICHMOND vs. SANTA ROSA TILE SUPPLY, PROCENTURY INSURANCE, ILLINOIS MIDWEST

The Workers' Compensation Appeals Board denied Santa Rosa Tile Supply's petition for reconsideration. The defendant argued the Administrative Law Judge erred in awarding 77% permanent disability and in not applying apportionment for a prior 1991 award. The Board adopted the WCJ's report, affirming that the physician properly rebutted the AMA Guides rating using Almaraz/Guzman principles by considering the applicant's limitations in activities of daily living. The Board also upheld the WCJ's decision to apply apportionment solely under Labor Code section 4663, as the defendant failed to demonstrate overlap with the prior award under section 4664.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityAMA GuidesMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)Labor Code section 4663Labor Code section 4664Almaraz/GuzmanPQME

References

Case No. ADJ11088696

Regular

Oct 27, 2020

ARCEL R. MANNING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's Petition for Reconsideration because the original Findings and Award lacked a summary of the evidence relied upon by the judge, preventing evaluation of the applicant's contentions. Specifically, the judge failed to properly document the method of combining orthopedic and internal impairment ratings or the application of the AMA Guides for hypertension and kidney disease. The case is returned to the trial level for further proceedings to develop the record and address these rating issues.

Petition for ReconsiderationFindings and AwardPermanent DisabilityLife PensionAMA Guides 5th EditionOrthopedic ImpairmentInternal ImpairmentHypertensionKidney DiseaseMedical Treatment

References

Case No. ADJ6972640

Regular

Jul 25, 2016

JAVIER VENTURA vs. AMERICAN COPAK CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked sufficient explanation for its findings, particularly regarding the occupational group number and the chosen method for rating lumbar spine impairment. Furthermore, the WCAB requires a specific medical opinion on the appropriate method to assess the applicant's lumbar spine disability under the AMA Guides. The WCAB also directed further development of the record concerning the applicant's claimed lung injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityDRE MethodROM MethodOccupational Group NumberAMA GuidesLumbar Spine Impairment

References

Case No. ADJ14669607

Regular

Apr 10, 2023

DOUGLAS HERB vs. COUNTY OF LOS ANGELES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding that the applicant sustained industrial injuries to his internal system and head, causing 71% permanent disability. The defendant argued the Agreed Medical Evaluator's (AME) report regarding head injury and sleep issues lacked substantial medical evidence. The Board found the AME's report to be substantial, as it was not speculative, based on adequate examination, and explained its reasoning. Furthermore, the Board found the AME's method of analogizing the applicant's headaches to trigeminal neuralgia for impairment rating was permissible and accurately reflected the applicant's activities of daily living deficits.

GERDirritable bowel syndromehypertensionheadachessleep disturbancepermanent partial disabilityapportionmentmedical treatmentattorney's feeAgreed Medical Evaluator

References

Case No. ADJ19483147

Regular

Jun 19, 2025

MICHAEL LEWIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's Amended Findings and Award from April 8, 2024, in the case of Michael Lewis v. City of Los Angeles. The Board previously granted reconsideration due to an incomplete record, specifically missing exhibits and vocational evidence. The defendant, City of Los Angeles, sought reconsideration, asserting errors in the arbitrator's finding of catastrophic injury and permanent total disability. The WCAB emphasized the importance of due process and a complete evidentiary record for meaningful review, citing several legal precedents. The matter is returned to the arbitrator for further proceedings and to supplement the record.

WCABReconsiderationAmended Findings and AwardArbitratorCity of Los AngelesCatastrophic injuryPermanent total disabilityLabor CodeBack injuryPetition for Reconsideration

References

Case No. ADJ10187704, ADJ10924724

Regular

May 17, 2018

STEVEN CASE vs. GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to increase applicant's permanent disability rating for bilateral shoulder injury from 9% to 38%. The Board found the Agreed Medical Evaluator's (AME) alternative rating, based on strength loss, was substantial medical evidence and properly considered within the AMA Guides. The WCJ erred in applying an overly restrictive interpretation of "complex or extraordinary" cases for deviating from strict AMA Guides ratings. The AME's use of strength loss data from the AMA Guides, even for an age outside the specified range, was permissible under the *Almaraz-Guzman* line of cases when justified by clinical judgment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical Evaluator (AME)permanent disability ratingbilateral shouldersorthopedic AMEAMA GuidesAlmaraz-Guzmanstrength loss index

References

Case No. ADJ11269770

Regular

Mar 08, 2023

RYAN GASKINS vs. WET DIRT INC., NATIONAL FIRE AND LIABILITY INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed the original finding of 100% permanent total disability for the applicant, Ryan Gaskins, due to a work-related brain injury. Despite the defendant's contention that medical evidence did not explicitly state "permanent mental incapacity," the Board adopted the WCJ's reasoning that the physicians' reports detailing severe cognitive impairment and need for continuous 24/7 care constituted substantial evidence. The Board amended the award to correctly identify the insurer as National Liability and Fire Insurance Company and removed the administrator Gallagher Bassett. The defendant's arguments regarding the AMA Guides impairment rating were rejected as inconsistent with the medical findings of total disability.

Permanent mental incapacityLabor Code section 4662(a)(4)Permanent total disabilityTraumatic brain injuryPanel Qualified Medical EvaluatorAMA GuidelinesVocational rehabilitationAOE/COECraniotomySeizure disorder

References

Case No. ADJ3849676 (AHM 0147658) ADJ1948081 (AHM 0147721)

Regular

Feb 14, 2011

ROBERT LEON vs. RF DEVELOPMENT & BUSCH CORPORATION, LINCOLN GENERAL INSURANCE

In this workers' compensation case, the defendant sought reconsideration of a $37\%$ permanent disability award, arguing the physician's impairment rating improperly deviated from the AMA Guides. The Appeals Board granted reconsideration, finding the physician's justification for not strictly applying the Guides was insufficient and not based on substantial medical evidence. Specifically, the physician's reliance on subjective complaints and analogies to amputation were not adequately supported. The Board rescinded the award and remanded the case for a new rating strictly following the AMA Guides.

Workers' Compensation Appeals BoardRF Development & Busch CorporationLincoln General InsuranceAmerican Claims ManagementRobert LeonADJ3849676ADJ1948081ReconsiderationFindings and AwardIndustrial Injuries

References

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Updated Daily

Case Law Database

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

Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975

Regular

Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

References

Case No. ADJ9023782

Regular

Sep 20, 2019

REFUGIO PACAS vs. BARON HR. LLC, ZURICH AMERICAN INSURANCE

Petition to ReopenNew and Further DisabilityStipulated AwardAgreed Medical EvaluatorRange of MotionWhole Person ImpairmentDiagnosis Related EstimateGait DerangementMuscle AtrophyArthritis

References

Case No. ADJ9385114

Regular

Feb 03, 2023

MICHELLE RICHMOND vs. SANTA ROSA TILE SUPPLY, PROCENTURY INSURANCE, ILLINOIS MIDWEST

References

Case No. ADJ11088696

Regular

Oct 27, 2020

ARCEL R. MANNING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Petition for ReconsiderationFindings and AwardPermanent DisabilityLife PensionAMA Guides 5th EditionOrthopedic ImpairmentInternal ImpairmentHypertensionKidney DiseaseMedical Treatment

References

Case No. ADJ6972640

Regular

Jul 25, 2016

JAVIER VENTURA vs. AMERICAN COPAK CORPORATION, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityDRE MethodROM MethodOccupational Group NumberAMA GuidesLumbar Spine Impairment

References

Case No. ADJ14669607

Regular

Apr 10, 2023

DOUGLAS HERB vs. COUNTY OF LOS ANGELES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED

GERDirritable bowel syndromehypertensionheadachessleep disturbancepermanent partial disabilityapportionmentmedical treatmentattorney's feeAgreed Medical Evaluator

References

Case No. ADJ19483147

Regular

Jun 19, 2025

MICHAEL LEWIS vs. CITY OF LOS ANGELES

WCABReconsiderationAmended Findings and AwardArbitratorCity of Los AngelesCatastrophic injuryPermanent total disabilityLabor CodeBack injuryPetition for Reconsideration

References

Case No. ADJ10187704, ADJ10924724

Regular

May 17, 2018

STEVEN CASE vs. GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT

References

Case No. ADJ11269770

Regular

Mar 08, 2023

RYAN GASKINS vs. WET DIRT INC., NATIONAL FIRE AND LIABILITY INSURANCE COMPANY, GALLAGHER BASSETT

References

Case No. ADJ3849676 (AHM 0147658) ADJ1948081 (AHM 0147721)

Regular

Feb 14, 2011

ROBERT LEON vs. RF DEVELOPMENT & BUSCH CORPORATION, LINCOLN GENERAL INSURANCE

References

Showing 1-10 of 197 results

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