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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7863081
Regular
Jun 25, 2012

RONNIE BROWN vs. MASTER PLUMBING, RISK ENTERPRISE MANAGEMENT, AMERICAN ALL RISK LOSS

In this workers' compensation case, the defendant sought reconsideration of a prior Board decision that had granted them a Petition for Reconsideration and amended a WCJ's decision to deny the applicant temporary disability indemnity. The defendant argued the Board erred by not finding them entitled to a credit for temporary disability already paid during that period. The Board denied the defendant's petition, stating that the issue of credit for overpayment is discretionary under Labor Code section 4909 and should have been addressed at the trial level by the WCJ. Therefore, the defendant's petition for reconsideration of the denial of the credit was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityCredit for OverpaymentLabor Code section 4909Findings Award and OrderAdministrative Law JudgeDecision After ReconsiderationMaster PlumbingRisk Enterprise Management
References
Case No. ADJ1576347 (FRE 0235267) ADJ8047239
Regular
Sep 12, 2013

MICHAEL MANFREDI vs. CITY OF FRESNO, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board denied Michael Manfredi's petition for reconsideration. Manfredi, a police officer, sought to establish two separate cumulative trauma injuries for his coronary artery disease and hypertension, rather than the single injury found by the WCJ. The Board affirmed the WCJ's finding that the continuous need for medical treatment between periods of exposure constituted a single compensable injury, citing *Western Growers*. Therefore, the original award of 20% permanent disability stands.

Cumulative traumacoronary artery diseasehypertensionpermanent disabilityreconsiderationJoint Findings of Fact and AwardWCJ ReportWestern Growers v. Workers' Comp. Appeals Board (Austin)separate injuriessingle injury
References
Case No. ADJ1728931
Regular
Apr 28, 2011

GEORGE PARGA vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS FRESNO

This case involved an applicant, George Parga, who suffered an industrial injury to his right big toe and knee while employed as a police officer. The initial award apportioned 9% permanent disability, attributing half to pre-existing diabetes. The Appeals Board granted reconsideration, finding the medical expert's apportionment opinion lacked substantial evidence as diabetes did not cause disability at the time of evaluation. Consequently, the Board awarded an unapportioned 18% permanent disability.

Workers' Compensation Appeals BoardGeorge PargaCity of FresnoAmerican All Risk Loss FresnoOpinion and Order Granting ReconsiderationDecision After ReconsiderationPolice OfficerIndustrial InjuryRight Big ToeRight Knee
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ1158684 (GOL 0099195)
Regular
Nov 14, 2008

CAROLINA VELA vs. SERVICE MASTER CBM, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error, reducing the lien awarded to Lorena Ortiz-Schneider from $4,025.00 to $1,995.00. The Board also denied Associated Reproduction Services' petition, affirming the WCJ's decision to award copy charges at a reasonable rate of 20 cents per page, referencing precedent established by *Kunz* and *Sweet*. This decision clarifies the correct lien amount and upholds the application of reasonable rates for reproduction services.

WCABPetition for ReconsiderationLien ClaimantInterpreting ServicesCopy ChargesReasonableness of ChargesMedical-Legal ExpensesClerical ErrorDecision After ReconsiderationKunz v. Patterson
References
Case No. ADJ7755811
Regular
Jun 21, 2013

SONIA MILLS vs. COUNTY OF FRESNO, PSI, AMERICAN ALL-RISK LOSS ADMINISTRATORS, INC.

This case involved a worker, Sonia Mills, seeking compensation from the County of Fresno for medical treatment. The Workers' Compensation Appeals Board granted reconsideration of the prior decision. The Board amended the original decision to clarify that Mills' self-procured treatment was unauthorized and not related to her industrial injury. Therefore, the defendant is not liable for this specific treatment.

Workers' Compensation Appeals BoardReconsiderationSelf-procured treatmentUnauthorized treatmentIndustrial injuryLeft trapeziusLiabilityOpinion and OrderDecision After ReconsiderationFindings of Fact
References
Case No. ADJ8 140254
Regular
Mar 25, 2016

JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied liability for applicant's spinal surgery. The applicant argued the defendant improperly denied benefits based on an unsigned objection to the treating physician's recommendation. The Board found the defendant's objection may not have been timely initiated, a point not raised at trial. Therefore, the Board rescinded the prior decision and returned the case to the trial level for further proceedings and evidence regarding the timeliness of the objection.

WCABspinal surgerytemporary disabilityLabor Code section 4850Labor Code section 4062(b)objection to treating physiciansecond opinion processutilization reviewtimelinerescinded
References
Case No. ADJ1025641 (OXN 0137996) ADJ3304480 (OXN 0136581)
Regular
Aug 24, 2011

PATRICK ESTRADA vs. AITKEN EQUIPMENT AND REPAIR, CLARENDON NATIONAL INSURANCE, AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board denied reconsideration of a decision holding defendants liable for interest on an Employment Development Department (EDD) lien. The Board found defendants' arguments that stipulations absolved them of interest liability and that applicant should pay were meritless, as the EDD was not a party to the stipulations. Furthermore, Unemployment Insurance Code section 2629.1(e) clearly places interest liability on the employer. Consequently, the Board granted removal on its own motion to consider imposing sanctions against defendants' attorney for misrepresenting the law and record.

Workers' Compensation Appeals BoardAitken Equipment and RepairClarendon National InsuranceAmerican All Risk Loss AdministratorsJoint Findings and AwardEDD lienstipulated AwardLabor Code section 4904(c)Unemployment Insurance Code section 2629.1(e)removal
References
Case No. ADJ7552195, ADJ7564482
Regular
Feb 22, 2013

REYNA MARQUEZ vs. SENSIENT TECHNOLOGIES, ZURICH AMERICAN INSURACE CO., SEDGWICK CMS, ACE AMERICAN INSURANCE CO., SPECIALTY RISK SERVICES

This case concerns two workers' compensation claims for industrial injuries to the applicant's left shoulder and low back, respectively. The defendants, Zurich and ACE, petitioned for reconsideration, arguing that the findings of industrial injury were not supported by substantial medical evidence and that they were denied due process regarding an agreed medical evaluator's supplemental report. The Appeals Board denied reconsideration, finding that the defendants waived their due process objections by failing to raise them at the trial level or in their initial petition. The Board incorporated the WCJ's report, which found no basis for the defendants' arguments.

WORKERS' COMPENSATION APPEALS BOARDSENSIENT TECHNOLOGIESZURICH AMERICAN INSURANCE COMPANYACE AMERICAN INSURANCE COMPANYSEDGWICK CMSSPECIALTY RISK SERVICESAGREED MEDICAL EVALUATORDR. CHARLES F. XELLERSUPPLEMENTAL REPORTFINDINGS OF FACT
References
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