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

Case No. ADJ1160933 (SAL 0073085) ADJ1668595 (SAL 0073084)
Regular
Feb 17, 2012

MARIA AYALA vs. MANN PACKING COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, On Behalf of INDUSTRIAL INDEMNITY In Liquidation, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted CIGA's reconsideration request, overturning a prior order that denied CIGA relief from administering further medical treatment. The Board found that Zenith's joint and several liability under a 1999 Stipulated Award constituted "other insurance," relieving CIGA, as Industrial Indemnity's insolvency insurer, of its obligation. The court clarified that the settlement between Zenith and Industrial Indemnity addressed only their contribution claims, not Zenith's liability to the applicant. Consequently, Zenith is now responsible for administering the award of future medical treatment.

CIGAIndustrial IndemnityZenith InsuranceStipulated AwardJoint and Several LiabilityOther InsuranceInsurance Code Section 1063.1Covered ClaimsInsolvency InsuranceCumulative Trauma
References
4
Case No. ADJ10473588, ADJ10473600
Regular
Jul 12, 2018

ANGEL MORAN vs. SELECT STAFFING, administered by CORVEL

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinded the WCJ's order denying a replacement QME panel, and returned the matter to the trial level. The Board found that the WCJ's order was not based on admitted evidence, hindering meaningful review. Applicant alleged QME bias based on deposition testimony, which the Board noted could constitute a disqualifying conflict of interest under relevant regulations. The case requires further proceedings at the trial level to properly consider the applicant's request for a replacement QME based on an evidentiary record.

Petition for RemovalReplacement QME PanelDisqualifying Conflict of InterestWCJ OrderBiasDeposition TestimonyEvidentiary RecordLabor Code Section 5313Rule 31.5Rule 41.5
References
2
Case No. ADJ6779197, ADJ7472140, ADJ7964720
Significant

Ismael Navarro, Applicant vs. City of Montebello, administered by Corvel Corporation

The Appeals Board granted removal to address whether a worker with new injury claims must be evaluated by the same Qualified Medical Evaluator (QME) from a prior claim, intending to rule that Labor Code does not require it and that Rule 35.5(e) is invalid.

RemovalEn BancQualified Medical EvaluatorQME PanelRule 35.5(e)Labor CodeSubsequent InjuryMedical EvaluationCompensabilityClaim Form
References
17
Case No. ADJ6779197, ADJ7472140, ADJ7964720
Significant
Apr 02, 2014

Ismael Navarro, Applicant vs. City of Montebello, administered by CorVel Corporation

The Appeals Board holds that the Labor Code does not require an employee to return to the same panel QME for an evaluation of a subsequent injury claim and that Rule 35.5(e), which imposed this requirement, is invalid as it is inconsistent with the Labor Code.

Workers' Compensation Appeals BoardRemovalEn Banc DecisionQualified Medical EvaluatorRule 35.5(e)Subsequent Injury ClaimMedical-Legal EvaluationLabor CodeAdministrative RegulationWCAB Jurisdiction
References
19
Case No. ADJ601209
Regular
Mar 24, 2013

BRUCE CAVERS vs. COUNTY OF HUMBOLDT, Permissibly Self-Insured, Administered By CORVEL

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by applicant Bruce Cavers against the County of Humboldt. The petition was dismissed because it was prematurely filed before a hearing, meaning there was no interlocutory order to appeal. Additionally, the petition lacked proper verification, a mandatory requirement. The WCAB also noted that requests for venue change and appeals of removal reports are not properly directed to the Board, and a successive petition was also dismissed.

Petition for RemovalWCABInterlocutory OrderSignificant PrejudiceIrreparable HarmVerifiedChange of VenueAppeals BoardSuccessive PetitionOrder Denying Petition
References
0
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
12
Case No. ADJ8824230
Regular
Apr 03, 2017

Braulina Rodriguez vs. ANAHEIM HEALTH CARE CENTER, AIG administered by CORVEL

The Appeals Board granted reconsideration, amending the original award regarding permanent disability indemnity. The primary issue deferred for further development is whether a 15% rate increase under Labor Code section 4658(d)(2) applies, contingent on employer size and failure to offer suitable work. The original findings of a 34% permanent disability and 159 weeks of indemnity remain, but the payment rate is now to be determined. The Board adopted the WCJ's report, which highlighted the need for record development on employer employee count relevant to the rate increase.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award & OrdersAdministrative Law JudgeCervical spineLumbar spineLeft anklePsycheTemporary disabilityPermanent disability
References
3
Case No. ADJ6955681
Regular
Jul 22, 2014

PAUL WEAVER vs. CITY OF STOCKTON, Permissibly Self-Insured, Administered by CORVEL

In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryCumulative TraumaLeukemiaPermanent Partial DisabilityPresumptionLabor Code Section 3212.1Firefighter
References
4
Case No. ADJ1142211 (MON 0343083)
Regular
Oct 01, 2013

YVONNE JACKSON vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered by CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied Yvonne Jackson's Petition for Reconsideration in the case against County of Ventura. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Consequently, the petition was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportDenial of ReconsiderationCounty of VenturaCORVEL CORPORATIONADJ1142211Yvonne Jackson
References
0
Case No. ADJ9087501, ADJ10912167
Regular
Feb 07, 2019

RUBEN SANCHEZ vs. RECOLOGY GROVER ENVIRONMENTAL PRODUCTS PSI administered by CORVEL

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. The WCAB found that the prior WCJ's findings in 2014 were not final orders, as they addressed a discovery dispute rather than substantive rights or liabilities. Therefore, the doctrines of res judicata and collateral estoppel did not bar the applicant from seeking further discovery. Consequently, the WCAB rescinded the WCJ's decision and granted the applicant's petition for an order for inspection.

Petition for RemovalFindings of FactRes JudicataCollateral EstoppelDiscoveryAgreed Medical Examiner (AME)Video Job AnalysisCumulative TraumaMachine OperatorVibration Exposure
References
15
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