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

Case No. ADJ15875626
Regular
Jun 30, 2025

Evyette Gaines vs. Riverside University Health System

Defendant sought reconsideration of the April 11, 2025 Findings, Award, and Orders (FA&O), where the WCJ found the reporting of PQME, Dr. Albert Simpkins, to be substantial medical evidence, with the exception of apportionment. Applicant, Evyette Gaines, was found to have sustained injury AOE/COE to the cervical spine, lumbar spine, and psyche, resulting in 38% permanent disability. Defendant contended that Dr. Simpkins' apportionment findings constituted substantial medical evidence and that the WCJ misapplied legal precedents. After considering the petition and the WCJ's report, the Appeals Board denied the Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersQualified Medical EvaluatorPQMEAlbert SimpkinsApportionmentSubstantial Medical EvidenceAOE/COECervical Spine
References
Case No. ADJ9842283
Regular
Aug 26, 2016

ALBERT LIU vs. METIS TPS, LLC, ICW GROUP INSURANCE OF THE WEST

The applicant, Albert Liu, filed a Petition for Removal after the administrative law judge took the matter off calendar. However, Liu subsequently filed a Request to Withdraw his Petition for Removal, stating that the parties had reached a settlement via Compromise and Release. Consequently, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalDismissalCompromise and ReleaseWithdraw PetitionOff CalendarAdministrative Law JudgeWorkers' Compensation Appeals BoardMetis TPS LLCICW Group InsuranceAlbert Liu
References
Case No. ADJ10806214 ADJ10806215 ADJ10806216
Regular
Nov 13, 2020

ALBERT PETTY vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in a prior award. The Board affirmed the prior award of permanent disability, finding that the applicant's treating physician's report did not create a substantial conflict with the Agreed Medical Examiner's findings. The Board ruled that the applicant was not entitled to a continuance to obtain a vocational evaluation, as there was substantial evidence to support the determination of permanent disability. Consequently, the Board amended the award to reflect corrected clerical errors.

Workers' Compensation Appeals BoardAlbert PettyCounty of SacramentoHighway Maintenance WorkerPermanent DisabilityCumulative TraumaAgreed Medical ExaminerVocational EvaluationPetition for ReconsiderationJoint Findings and Award
References
Case No. ADJ2186466
Regular
Jun 26, 2017

AMADO URIAS vs. VALLEY COUNTY WATER DISTRICT

This case involves Amado Urias's petition for reconsideration of a Supplemental Findings and Award that determined his permanent disability at 54% after apportionment. Urias argued that his vocational expert's opinion on diminished earning capacity should have been prioritized over the medical opinions regarding his physical and psychiatric limitations. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's decision. The Board found that the issue of psychiatric apportionment was previously adjudicated and that the vocational expert's opinion was not substantial evidence due to its reliance on subjective complaints over objective medical findings.

Workers' Compensation Appeals BoardSupplemental Findings and AwardPermanent DisabilityApportionmentVocational ExpertDr. Albert SimpkinsDr. StewartDr. WixenDr. AhmedCumulative Injury
References
Case No. ADJ8079940
Regular
Nov 01, 2012

SANTOS ALVARADO vs. AMERIPEC, INC., COMPWEST INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by applicant's attorney, Albert A. Navarra, in the matter of Santos Alvarado v. Ameripex, Inc. The Board dismissed the petition because it was not properly served on all adverse parties, violating Labor Code section 5905. Even if properly served, the Board would have denied the petition on the merits based on the Workers' Compensation Judge's report. The Board also noted Mr. Navarra's history of rule violations in other cases, warning him of sanctions for future infractions.

Petition for ReconsiderationLabor Code section 5905service violationWCJ Report and Recommendationdeny on the meritsAlbert A. Navarrastate bar numberWCAB Rule 10845misrepresentation of recordWCAB Rule 10842
References
Case No. ADJ7505520
Regular
Jul 01, 2014

ALBERT LOBO vs. COUNTY OF SAN BERNADINO

In this case, the Workers' Compensation Appeals Board amended a prior award concerning applicant Albert Lobo's industrial injury. The Board clarified that applicant is entitled to home health care services, including reimbursement for caregiver Halimah Shenghur. However, specific issues regarding the commencement date of liability and reimbursement for certain other individuals are deferred for further development of the record. The Board affirmed the entitlement to services based on a physician's prescription and the caregiver's extensive documented care, while emphasizing the employer's duty to investigate and provide benefits promptly.

Industrial injurybilateral upper extremitiesbilateral lower extremitiesinternal systemsself-procured medical treatmentcaregiver serviceshome health care serviceshome modificationsNeri Hernandezprescription requirement
References
Case No. ADJ8680977
Regular
Apr 28, 2014

Albert Johnson vs. Southwest Airlines, ACE USA Insurance

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
References
Case No. ADJ10916721, ADJ10915440, ADJ11026183
Regular
Apr 04, 2025

ALBERT HUNNICUTT vs. UNIFIED GROCERS, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Albert Hunnicutt's petition for reconsideration regarding the attorney's fee awarded to his former attorney, Robert Palty. Hunnicutt contested the December 30, 2024, Joint Findings and Order Re: Attorney Fees, which granted Palty $7,500.00 from Hunnicutt's permanent disability award. Hunnicutt alleged Palty's negligence in preparing stipulations, failing to provide NRLB reports, and mishandling a child support lien. The WCAB, adopting the WCJ's report, found Palty's withdrawal justified and affirmed the fee by considering the four statutory criteria: responsibility, care, time involved, and results obtained, concluding the fee was a reasonable balance despite Hunnicutt's concerns and his significant self-representation.

ADJ10916721ADJ10915440ADJ11026183Petition for ReconsiderationLabor Code Section 5909Appeals BoardWCJ ReportElectronic Adjudication Management SystemEAMSattorney fees
References
Case No. ADJ9025732
Regular
Apr 07, 2023

ALBERT MATA vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent total disability for the applicant, Albert Mata. The defendant argued that the applicant's vocational counselor's reports and medical reports did not constitute substantial evidence for total disability. However, the Board affirmed the Administrative Law Judge's decision, finding the vocational expert's opinions were substantial evidence, not based on speculation, and correctly applied California's 2005 Permanent Disability Rating Schedule for psychiatric impairments. Therefore, the Board concluded the applicant was precluded from vocational rehabilitation and participating in the labor force.

Permanent total disabilityPsychiatric injuryVocational Rehabilitation CounselorAmerican Medical Association GuidesGlobal Assessment of FunctioningPermanent Disability Rating ScheduleSubstantial evidencePetition for ReconsiderationAdministrative Law JudgeAgreed Medical Examiner
References
Case No. ADJ4680045 (AHM 0090153)
Regular
Oct 14, 2008

Sean White vs. ALBERTSONS; Permissibly Self-Insured, Administered by SPECIALTY RISK SERVICES

This case involves a lien claimant, S\&B Surgery Center, seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition because it was filed 39 days after the original order, exceeding the jurisdictional 25-day deadline. The amended order merely corrected a clerical error regarding defense counsel, and did not alter the original finding that the lien claimant take nothing.

Lien claimantPetition for ReconsiderationUntimelyClerical errorAmended Findings and OrderWCJLabor CodeJurisdictionalOfficial Address RecordReport and Recommendation
References
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