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

Case No. ADJ11201607, ADJ11201608
Regular
Jun 10, 2024

SAMMY VIGIL vs. COUNTY OF KERN

The Appeals Board held that the Combined Values Chart (CVC) may be rebutted and impairments added where an applicant establishes the impact of each impairment on the activities of daily living (ADLs) and shows either that there is no overlap between the effects on ADLs or that the overlap increases or amplifies the impact on the overlapping ADLs.

WCABEn BancReconsiderationFindings of FactAwards and OrdersPermanent Partial DisabilityHip Replacement SurgeryApportionmentCombined Values ChartPermanent Disability Ratings Schedule
References
19
Case No. NO. 2-02-418-CV
Regular Panel Decision
Jul 29, 2004

Gina Lively and Robert Lively v. Adventist Health System/Sunbelt, Inc. D/B/A Huguley Memorial Medical Center

This is a premises liability case arising from an alleged carjacking, abduction, and sexual assault of Gina Lively on the Hospital's premises. Gina and Robert Lively sued Adventist Health System/Sunbelt, Inc. d/b/a Huguley Memorial Medical Center, alleging negligence and breach of implied warranty. The trial court granted a directed verdict in favor of the Hospital. The Appellants appealed the directed verdict on premises liability, and the denial of their motion to reopen, for mistrial, and for a new trial and sanctions. The Court of Appeals affirmed the trial court's judgment, finding no evidence of cause-in-fact for negligence and no recognized cause of action for breach of implied warranty.

Premises LiabilityNegligenceDirected VerdictForeseeabilityCause-in-FactImplied WarrantyAbductionSexual AssaultEmployee SafetyInadequate Security
References
41
Case No. ADJ2786471 (AHM 0131083) ADJ1723308 (AHM 0131186) ADJ1776217 (AHM 0131184)
Regular
Jul 12, 2011

RENE GARCIA vs. CITY OF ANAHEIM

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from *Almaraz/Guzman* guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the *Almaraz/Guzman* analysis solely on ADLs.

Workers Compensation Appeals BoardCity of Anaheimfirefightercumulative traumapermanent disability awardapportionmentAMA GuidesAlmaraz v. Environmental Recovery ServicesMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Whole Person Impairment
References
7
Case No. ADJ11054646, ADJ11055389, ADJ10719681
Regular
Apr 07, 2025

ALAN NEWELL vs. METROPOLITAN WATER DISTRICT

Applicant Alan Newell sought reconsideration of a WCJ's Findings and Awards from January 3, 2025, concerning two industrial injuries. The WCJ had rated permanent disability by combining all impairments, contrary to the Agreed Medical Evaluator Dr. Chester A. Hasday's opinion on how to combine impairments based on overlapping Activities of Daily Living (ADLs). The Appeals Board granted reconsideration, finding that Dr. Hasday's pre-Vigil decision rebuttal analysis for combining impairments based on ADL overlap was valid, and the record needed further development. The case was remanded to defer the issues of permanent disability and apportionment for further analysis.

Petition for ReconsiderationPermanent DisabilityApportionmentCombined Values ChartActivities of Daily Living (ADLs)Medical TreatmentAgreed Medical EvaluatorOrthopedistLabor Code Section 4663Rebuttal
References
7
Case No. 01-12-00581-CV
Regular Panel Decision
Oct 24, 2013

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles v. Miller, Jr.

This case is an appeal from the denial of motions to dismiss a defamation, business disparagement, and tortious interference lawsuit. Appellants, Newspaper Holdings, Inc., IntegraCare of Texas, LLC, and Charlotte Patterson, published articles detailing regulatory issues and investigations at Crazy Hotel Assisted Living facility and its owner, Charles Miller. They sought dismissal under the Texas Citizens’ Participation Act (TCPA), asserting their communications were protected free speech on matters of public concern. The appellate court found it had jurisdiction, reversed the trial court's decision, holding that Appellants met the TCPA burden, and that Appellees failed to provide prima facie evidence for their claims. The court also determined the commercial speech exemption to the TCPA did not apply, remanding the case for dismissal.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens' Participation Act (TCPA)Free SpeechPublic ConcernAssisted Living FacilityElder AbuseMedicaid Fraud ProbeNewspaper Articles
References
29
Case No. ADJ11201607 (MF); ADJ11201608
Significant
Jun 10, 2024

Sammy Vigil vs. County of Kern

The Appeals Board holds that the Combined Values Chart (CVC) in the Permanent Disability Ratings Schedule (PDRS) may be rebutted by adding impairments when an applicant demonstrates through substantial evidence that there is no overlap in the impact on Activities of Daily Living (ADLs), or that any overlap creates a synergistic effect that amplifies the disability.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationPermanent Disability Ratings ScheduleCombined Values ChartRebuttalActivities of Daily LivingSynergistic EffectApportionmentHikida
References
18
Case No. 03-05-00610-CV
Regular Panel Decision
Mar 27, 2006

in Re Senior Living Properties, L.L.C.

Relator Senior Living Properties, L.L.C. petitioned for a writ of mandamus against the trial court's refusal to abate a lawsuit brought by former employee Betty Robinett. Robinett sued Senior Living for negligence and breach of contract after being denied benefits from an Employee Injury Benefit Plan following a job injury. Senior Living contended that Robinett was bound by an arbitration agreement. The Texas Court of Appeals conditionally granted the writ of mandamus, ruling that Robinett's claims, including those sounding in tort, were encompassed by the arbitration agreement in the Employee Protection Plan, thereby compelling her to undergo mediation and binding arbitration.

Arbitration AgreementEmployment InjuryMandamus PetitionContract BreachNegligence ClaimEmployee Benefits PlanTexas Appellate CourtDispute ResolutionWorkers' Compensation AlternativeWaiver of Rights
References
19
Case No. ADJ8716925
Regular
May 27, 2025

MARCO VILLA vs. SHULTZ STEEL COMPANY INC, TRAVELERS DIAMOND BAR

Applicant Marco Villa petitioned for reconsideration of a February 19, 2025, Findings and Award (F&A) that found his permanent disability to be 61% and did not categorize his injury as catastrophic. The Appeals Board, after reviewing the petition, defendant's answer, and the WCJ's report, determined that the record was not adequately developed, specifically concerning medical evidence on Activities of Daily Living (ADLs) and the proper evaluation of sub-rosa videos in the context of catastrophic injury. The Board granted the petition for reconsideration but deferred a final decision on the merits, indicating further review and proceedings are necessary to ensure a just and reasoned outcome.

Petition for ReconsiderationFindings and AwardCatastrophic InjuryPermanent DisabilitySubstantial EvidenceMedical OpinionActivities of Daily Living (ADLs)Sub-rosa VideoVocational ExpertDEU Rating
References
22
Case No. 2022 NY Slip Op 06887 [211 AD3d 432]
Regular Panel Decision
Dec 06, 2022

Lively v. Wafra Inv. Advisory Group, Inc.

The plaintiff, Francis P. Lively, appealed an order that dismissed his complaint against Wafra Investment Advisory Group, Inc. and Fawaz Al-Mubaraki. Lively, a former senior managing director, alleged age discrimination and retaliation under the New York State and City Human Rights Laws after being terminated due to sexual harassment complaints. The court affirmed the dismissal, finding that Lively failed to sufficiently allege age discrimination or a causal connection for retaliation. Additionally, his claims for tortious interference, defamation, negligence, unjust enrichment, and quantum meruit were also found to be inadequately pleaded or barred by other laws. The Second Circuit's prior dismissal of federal claims did not, however, preclude state law claims based on collateral estoppel.

Age DiscriminationRetaliationEmployment LawHuman Rights LawCollateral EstoppelWrongful TerminationTortious InterferenceDefamationUnjust EnrichmentQuantum Meruit
References
16
Case No. MISSING
Regular Panel Decision

Claim of Holcomb v. Daily News

This case involves an appeal by the Daily News regarding a Workmen's Compensation Board award of death benefits to the widow of John Holcomb. Holcomb, an employee of the Daily News, sustained fatal injuries after falling from a company delivery truck while being transported to work by a fellow employee. The appellants argued that the accident did not arise out of and in the course of employment, as the employer was not contractually obligated to provide transportation. However, the Board found, and the Appellate Division affirmed, that a common and regular practice of employees transporting each other to work, knowingly acquiesced to by the employer for its own benefit, constituted an implicit assumption of responsibility for transportation-related risks. The court held that a frequent and regular practice of providing transportation, even if not contractually obligated, can render such transportation incidental to employment, making resulting injuries compensable.

Fatal AccidentTransportation to WorkEmployer AcquiescenceCommon PracticeCourse of EmploymentDeath BenefitsWorkers' CompensationImplied ContractGratuitous TransportationRisk Responsibility
References
11
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