Updated Daily

Case Law Database

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

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

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

Case No. ADJ14789657

Regular

Oct 24, 2025

EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

Applicant, Edwar Vanegas Gerena, a tree trimmer, sustained a severe injury to his left hand, neck, right shoulder, right arm, right upper extremity, and psyche. The Workers' Compensation Appeals Board denied defendant's petition for reconsideration of the July 16, 2025 Findings and Award. The WCAB affirmed the finding of permanent total disability, agreeing that the medical opinions from QMEs Dr. Rakkar and Dr. Alvarellos constituted substantial medical evidence and that the orthopedic and psychiatric impairments should be added due to a lack of overlap in their impact on daily living activities. The decision also addressed the applicability of Labor Code section 5909 regarding the timeliness of the Appeals Board's action on the petition.

WCABPetition for ReconsiderationFindings and Awardpermanent total disabilityQualified Medical ExaminerQMEDr. RakkarCRPSComplex Regional Pain SyndromeMajor Depressive Disorder

References

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

Case No. ADJ823138 (OXN 0142604)

Regular

Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity

References

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

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

Case No. ADJ7781989

Regular

May 29, 2012

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS, MIDWEST INSURANCE AGENCY, admin for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding of a 2% permanent disability to the right knee and denying claims for injury to other body parts. The applicant argued the decision lacked substantial medical evidence and that exhibits were wrongly excluded due to an invalid Medical Provider Network. One Board member dissented, believing Dr. Saucedo's report was insufficient as it didn't address activities of daily living or all claimed injuries, recommending further development of the medical record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjurySubstantial Medical EvidenceMedical Provider Network (MPN)Whole Person Impairment (WPI)Activities of Daily Living (ADLs)Further Development of Medical Record

References

Case No. ADJ12705097

Regular

Sep 21, 2022

FRED BROYLES vs. ATLAS VAN LINES, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

In Broyles v. Atlas Van Lines, the WCAB denied the defendant's petition for reconsideration, affirming the finding of 29% permanent disability. The Administrative Law Judge and the Board found that the Qualified Medical Evaluator (QME) properly utilized the Almaraz/Guzman principles to deviate from a strict AMA Guides rating. The QME's analogy to a hernia condition was deemed substantial evidence for assessing the applicant's impairment due to limitations on lifting and its impact on daily living activities. The Board concluded the QME adequately explained the departure from the standard rating and provided sufficient reasoning for the alternative assessment.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 4660.1(d)scheduled ratingprima facie evidencerebuttableMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Almaraz-Guzman IIIwhole person impairment (WPI)AMA Guides

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

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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. ADJ11054646, ADJ11055389, ADJ10719681

Regular

Apr 07, 2025

ALAN NEWELL vs. METROPOLITAN WATER DISTRICT

Petition for ReconsiderationPermanent DisabilityApportionmentCombined Values ChartActivities of Daily Living (ADLs)Medical TreatmentAgreed Medical EvaluatorOrthopedistLabor Code Section 4663Rebuttal

References

Case No. ADJ8716925

Regular

May 27, 2025

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

Petition for ReconsiderationFindings and AwardCatastrophic InjuryPermanent DisabilitySubstantial EvidenceMedical OpinionActivities of Daily Living (ADLs)Sub-rosa VideoVocational ExpertDEU Rating

References

Case No. ADJ14789657

Regular

Oct 24, 2025

EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

WCABPetition for ReconsiderationFindings and Awardpermanent total disabilityQualified Medical ExaminerQMEDr. RakkarCRPSComplex Regional Pain SyndromeMajor Depressive Disorder

References

Case No. ADJ11201607, ADJ11201608

Regular

Jun 10, 2024

SAMMY VIGIL vs. COUNTY OF KERN

WCABEn BancReconsiderationFindings of FactAwards and OrdersPermanent Partial DisabilityHip Replacement SurgeryApportionmentCombined Values ChartPermanent Disability Ratings Schedule

References

Case No. ADJ823138 (OXN 0142604)

Regular

Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

References

Case No. ADJ2786471 (AHM 0131083) ADJ1723308 (AHM 0131186) ADJ1776217 (AHM 0131184)

Regular

Jul 12, 2011

RENE GARCIA vs. CITY OF ANAHEIM

References

Case No. ADJ11201607 (MF); ADJ11201608

Significant

Jun 10, 2024

Sammy Vigil vs. County of Kern

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationPermanent Disability Ratings ScheduleCombined Values ChartRebuttalActivities of Daily LivingSynergistic EffectApportionmentHikida

References

Case No. ADJ7781989

Regular

May 29, 2012

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS, MIDWEST INSURANCE AGENCY, admin for STAR INSURANCE COMPANY

References

Case No. ADJ12705097

Regular

Sep 21, 2022

FRED BROYLES vs. ATLAS VAN LINES, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

References

Case No. ADJ9385114

Regular

Feb 03, 2023

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

References

Showing 1-10 of 675 results

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