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Case Law Database

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

Case No. ADJ2066669
Regular
May 14, 2012

ANDREW SILVA vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and held that lien claimants failed to prove the applicant sustained an industrial injury. The Board found that because the applicant did not testify at the lien trial, and the defendant's witnesses contradicted his deposition testimony, the claimants did not meet their burden of proof. This decision overturned a prior finding that the applicant sustained injury and was refused medical care prior to his termination.

Workers' Compensation Appeals BoardSupplemental Findings and AwardPetition for ReconsiderationLien TrialIndustrial InjuryCervical SpineLeft ShoulderRight WristClaim FormMedical Treatment
References
Case No. ADJ1983740
Regular
Jul 02, 2008

MARTIN CERVANTES vs. KIRKHILL-TA, ESIS, INC.

The Appeals Board denied reconsideration of a WCJ's decision denying benefits due to lack of employer notice of injury before termination. Conflicting testimony existed regarding whether the applicant had notified his employer.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)post-termination claimnotice of injuryindustrial injurycompensabilityFindings and AwardWCJpetition for reconsiderationforeman
References
Case No. ADJ9103550
Regular
May 13, 2015

GERARDO GONZALEZ vs. CTS MFG ELECTRONICS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ), who determined the applicant was not entitled to benefits. The WCJ found the applicant lacked credibility, particularly regarding reporting his alleged injury before termination. Credible defense witnesses contradicted the applicant's account, and the applicant's own email communications failed to mention any injury.

Petition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.denial of benefitsunreported injurytermination of employmentdefense witnessesdeposition testimonye-mail communicationswitness credibility
References
Case No. ADJ5834082
Regular
Mar 22, 2010

Patricia Guillen vs. Redwood Empire Dermatology, Preferred Employers of San Diego

The Workers' Compensation Appeals Board granted reconsideration and reversed the original decision, finding the applicant failed to prove discrimination under Labor Code section 132a. The Board determined the employer made the decision to terminate the applicant for absenteeism and tardiness *before* learning of her industrial injury. Therefore, the applicant did not prove her termination was "because of" her injury as required by law. The applicant's claim for discrimination benefits was denied.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationterminationindustrial injuryprima facie casebusiness realitiesapplicant testimonyemployer testimonycredibility
References
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