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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8343056
Regular
Nov 05, 1972

MYRNA MEDINA vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Myrna Medina's cumulative industrial injury. The defendant argued it was denied due process by not being allowed to use the AME/PQME process, but the WCJ found this issue was never raised at trial. Furthermore, the defendant failed to properly raise these arguments or support them with evidence in their petition. The Board also noted potential sanctions for knowingly false statements within the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial cumulative injuryEligibility Worker IItemporary disabilitypermanent disabilitymedical treatmentAME/PQME processLabor Code sections 4060
References
Case No. ADJ3374876 (SJO 0268303)
Regular
Feb 25, 2010

SUSAN MOYERS vs. COUNCIL ON AGING, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In this case, the Subsequent Injuries Benefits Trust Fund (SIBTF) sought to compel the applicant to use the same Agreed Medical Examiner (AME) from her original workers' compensation claim for her SIBTF claim. The Workers' Compensation Appeals Board affirmed the WCJ's order allowing the applicant to obtain new medical-legal evaluations for her SIBTF claim with a different physician, independent of the original AME. The Board determined that the discovery procedures for workers' compensation claims, as outlined in Labor Code section 4062.2, do not apply to SIBTF claims due to their distinct legal issues. Therefore, SIBTF is responsible for reasonable costs of these independent evaluations, ensuring due process for developing evidence specific to the SIBTF claim.

Subsequent Injuries Benefits Trust FundSIBTFMedical-Legal DiscoveryAgreed Medical ExaminerAMEQualified Medical ExaminerQMELabor Code Section 4062.2Workers' Compensation ClaimMedical Evaluations
References
Case No. ADJ6798245 ADJ6864349
Regular
Jan 05, 2010

Jerry Weissberger vs. TRADER JOE'S

Trader Joe's petitioned for removal to litigate post-termination and statute of limitations issues before the completion of the AME/QME process. The Appeals Board denied the petition, adopting the WCJ's reasoning that Trader Joe's failed to demonstrate substantial prejudice or irreparable harm. The Board found that the defendant's petition lacked sufficient allegations regarding termination notice and that further medical evidence was warranted to determine injury dates and potential exceptions. Therefore, the defendant's petition for removal was denied.

Petition for RemovalOrder Taking Off CalendarMandatory Settlement ConferenceAME/QME processthreshold issuespost terminationstatute of limitationsdue processirreparable harmPanel Qualified Medical Evaluator
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ1377502 (MON 0315276), ADJ1380199 (MON 0315277), ADJ1836874 (MON 0315278), ADJ777806 (MON 0348785)
Regular
Jul 08, 2013

JOSEPH D. MORENO vs. ALBERTSON'S, Administered by SPECIALTY RISK SERVICES

In this workers' compensation case, the defendant, Albertson's, petitioned for removal, seeking to rescind an order continuing the cases to trial. The defendant argued the applicant's Declaration of Readiness to Proceed was deficient regarding settlement efforts and that they had a due process right to depose Agreed Medical Evaluators (AMEs). The Appeals Board denied the petition, finding the defendant failed to demonstrate substantial prejudice from the alleged DOR defect. The Board also noted the trial judge has authority to order further discovery if needed post-trial.

Petition for RemovalDeclaration of Readiness to ProceedGood Faith EffortsSettlementAgreed Medical EvaluatorsAMEDue ProcessDeposeWCJAppeals Board
References
Case No. ADJ1232228 (STK 0213740)
Regular
Jul 20, 2015

LON VALLEM vs. STATE OF CALIFORNIA, CDCR, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought removal of the judge's findings, dismissal of the Agreed Medical Evaluator (AME), and a new panel, alleging an ex parte communication by the applicant with the AME. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, upholding the judge's decision. The WCAB found no effort to improperly influence the AME, and that the communication occurred after the record was submitted on a non-disputed issue. The WCAB agreed that excluding the specific report from the alleged ex parte communication was sufficient to protect due process.

Petition for RemovalAgreed Medical Evaluator (AME)Ex Parte CommunicationLabor Code Section 4062.3(g)Alvarez v. Workers' Comp. Appeals Bd.Findings & OrdersWorkers' Compensation Administrative Law Judge (WCJ)Qualified Medical Evaluator (QME) PanelDiscovery ClosurePretrial Conference Statement
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1358966 (SAL 0120850)
Regular
Dec 21, 2015

Beverly Forest (Deceased), James Forest vs. COUNTY OF MONTEREY, Permissibly Self-Insured, administered by INTERCARE HOLDINGS

In this workers' compensation case, the Appeals Board denied the defendant's petition for removal. The defendant sought to prevent a lien claimant's medical reports from being provided to the Agreed Medical Examiner (AME). The Board affirmed the WCJ's order allowing the AME to review the reports, citing the lien claimant's due process rights and the WCJ's discretion to manage discovery. The Board found no substantial prejudice to the defendant in allowing the AME to consider additional medical opinions on the complex issues.

Petition for RemovalAgreed Medical Examiner (AME)Lien ClaimantComprehensive Medical EvaluationLabor Code section 4064(d)Admissibility of Medical ReportsDue Process RightsCumulative TraumaOccupational ExposureMold and Fungus
References
Case No. ADJ2913113
Regular
Jul 21, 2025

OSCAR VILLALOBOS vs. J.V. INDUSTRIAL COMPANIES, LTD.; ZURICH AMERICAN INSURANCE COMPANY

This case involves Oscar Villalobos, the applicant, who sustained injuries while employed by J.V. Industrial Companies. The defendant, J.V. Industrial Companies and Zurich American Insurance Company, sought to suspend proceedings because the applicant refused a follow-up medical examination by an Agreed Medical Evaluator (AME), Dr. Newton. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration. The WCAB rescinded the Workers' Compensation Judge's (WCJ) February 3, 2025 Findings of Fact and returned the matter to the trial level, citing due process concerns and the necessity of a complete evidentiary record regarding the substantiality of the AME's reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorLabor Code section 4053suspend proceedingssubstantial medical evidencedue processequitable tollingShipley doctrine
References
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