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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ7785257
Regular
Mar 30, 2015

JOHN HUTTMAN vs. SOLANO COUNTY PROBATION, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of an adverse ruling for John Huttman, applicant, against Solano County Probation. The Board adopted the judge's report, which found Huttman to be an incredible witness. Key evidence included the applicant's prior medical history, the impeachment of his witness, and proof that the alleged injury report to a supervisor was impossible. Therefore, the Board upheld the denial of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.industrial causationadverse rulingdisputed claimwitness credibilityimpeached witnessjuvenile wards
References
Case No. ADJ2671394 (STK 0163239)
Regular
Sep 13, 2010

COTTAGE BAKERY vs. MCDONALD

The WCAB denied the defendant's petition for reconsideration because the WCJ's order regarding calling an expert witness was not a final order. However, the Board granted the defendant's petition for removal, rescinding the WCJ's previous order. This action was based on the finding that Evidence Code section 776 does not permit an applicant to call an opposing party's expert witness during their case-in-chief. The case was returned to the trial level for further proceedings.

WCABPetition for ReconsiderationPetition for RemovalEvidence Code section 776adverse witnessexpert witnessfinal orderinterlocutory orderdiscoveryvocational rehabilitation expert
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ6602419
Regular
May 24, 2010

SIPRIANO MARTINEZ (Deceased) MARINA MARTINEZ (Widow) vs. BOLTHOUSE FARMS, ALL AMERICAN RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order denying a change of venue because the order was procedural, not final. However, the WCAB granted the defendant's petition for removal, finding that the denial of venue change to Bakersfield was an error. The Board concluded that the defendant sufficiently demonstrated good cause under Labor Code section 5501.6 for a venue change to Bakersfield, where the applicant and witnesses reside and the events occurred. Therefore, venue was changed to the Bakersfield District Office.

Petition for ReconsiderationPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.6(b)Due ProcessBakersfield District OfficeSan Francisco District OfficeFinal OrderProcedural OrderPanel Qualified Medical Evaluator
References
Case No. VNO 0272543, VNO 0246317
Regular
May 12, 2008

JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

Removal petitionInterim Findings and Awarddirect examinationmedical witnessespercipient witnessesadministrative proceduresbilling practicesscope of practiceLabor Code section 5708WCAB Rules 10606
References
Case No. ADJ8414182
Regular
Feb 25, 2014

VICTOR LEDESMA, (VICTOR GOMEZ LEDESMA) vs. GROUP MANUFACTURING SERVICES, HANOVER INSURANCE GROUP

This case involves a workers' compensation claim for a left ankle and foot injury. The defendant sought reconsideration of the decision, arguing the applicant's testimony was less credible, the claim was barred as post-termination, exhibits were improperly admitted, and a defense witness was wrongly excluded. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The judge found the applicant's testimony credible, noting inconsistencies and misrepresentations in the defendant's arguments and witness testimonies. Specifically, the judge determined the termination date was not a bar, the admission of exhibits was proper, and the exclusion of the unlisted rebuttal witness was warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.denial of reconsiderationoccupational injuryleft ankle and footdeburrerdenied claim
References
Case No. ADJ4242717 (VNO 0420852) ADJ7278860
Regular
Sep 28, 2016

PHILLIP WILLIAMS vs. DEPARTMENT OF CORRECTIONS & REHABILITATION - CALIFORNIA INSTITUTE FOR WOMEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted removal, rescinding a WCJ's order compelling former attorney John Ferrone to attend trial as a witness. The Board found that the only subpoena issued for Ferrone was to attend a trial date that had long passed, was not personally served, and had potentially been withdrawn. Compelling a witness's attendance requires a valid subpoena, and no such valid subpoena existed for the current trial date.

Petition for RemovalAttorney-Client PrivilegeSubpoenaWCJ OrderFraud or MistakeStipulation and OrderMotion to QuashAttorney as WitnessCompelled AttendancePercipient Witness
References
Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code § 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
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