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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7485185, ADJ9885267
Regular
Sep 18, 2017

LAURA ORTIZ vs. FARMERS INSURANCE GROUP, MID CENTURY INSURANCE

This Workers' Compensation Appeals Board decision denies a petition for reconsideration, affirming the applicant's timely invocation of jurisdiction to seek additional benefits. The Board adopted the WCJ's reasoning that the applicant's filings of an Application for Adjudication of Claim and an Amended Application, along with documented medical evidence of worsening condition, satisfied the requirements for reopening and seeking further compensation. These actions put the defendants on notice of the applicant's intent to pursue increased benefits, even without a formal petition to reopen.

Petition for ReconsiderationLabor Code section 5410Application for Adjudication of ClaimRiel v. State of CaliforniaBeaida v. Workers' Comp. Appeals Bd.stipulated awardpro perfuture medical treatmentincreased symptomsworsening condition
References
Case No. ADJ9230683
Regular
Jul 07, 2014

JOSE GARCIA, Jorge Garcia, JORGE LUIS GARCIA vs. RAMTEX INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY, RAMTEX INCORPORATED, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a Petition for Removal filed by applicant Jose Garcia challenging an administrative law judge's discovery rulings. The applicant sought specific documents, including witness statements and employee handbooks, which the defendant claimed did not exist. The judge ordered the production of the personnel file but denied the request for other documents, finding the defendant's representations credible and applicant's discovery requests lacking due diligence. The Workers' Compensation Appeals Board denied the Petition for Removal, adopting the judge's reasoning that the petition was untimely and that no prejudice or irreparable harm resulted from the discovery rulings.

Petition for RemovalWorkers' Compensation Appeals BoardRamtex Inc.Employers Compensation Insurance CompanyADJ9230683Administrative Law JudgeReport of Workers' Compensation Administrative Law JudgeVerified AnswerGood Faith InvestigationDeposition of Applicant
References
Case No. ADJ8812554, ADJ9050566, ADJ8818133, ADJ8818138, ADJ8757878, ADJ8848066
Regular
Aug 26, 2014

SAM FOSTER vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of multiple applications filed by applicant Sam Foster against the County of Sacramento. The WCAB adopted the reasoning of the administrative law judge's report in its decision. The Board also admonished applicant's attorney for failing to include page numbering in their filings. Consequently, all petitions for reconsideration were denied.

WORKERS' COMPENSATION APPEALS BOARDPetitions for Reconsiderationadministrative law judgedeny reconsiderationapplicant's attorneypage numberingAnswerdefendant's PetitionFRANK M. BRASSMONNIE G. CAPLANE
References
Case No. ADJ2524386 (LAO 0803654) ADJ2571077 (LAO 0803655)
Regular
Oct 02, 2020

RAUL MARINO vs. COCA-COLA ENTERPRISES, BROADSPIRE

This case concerns a minor amendment to an already approved Compromise and Release agreement between Raul Marino and Coca-Cola Enterprises. The defendant sought to increase the net payment to the applicant by $47.14 and correct the date of injury for one of the cases. The applicant agreed to these changes, and the Board found them to be in the applicant's best interest. Consequently, the Board amended its previous decision to incorporate these agreed-upon modifications.

Compromise and ReleaseAmendmentNet Amount PayableDate of InjuryReconsiderationWorkers' Compensation Appeals BoardSelf-InsuredApplicantDefendantOpinion and Order
References
Case No. ADJ8855485
Regular
Nov 07, 2019

IMELDA SOSA vs. BRAWLEY UNION HIGH SCHOOL DISTRICT, ATHENS ADMINISTRATORS, LIBERTY MUTUAL INSURANCE, SELF-INSURED SCHOOLS OF CALIFORNIA

This case involves an employer's reconsideration request concerning a finding of cumulative trauma injury. The applicant was found to have sustained a cumulative trauma injury through June 13, 2011, resulting in 23% permanent disability and an award for indemnity and future medical treatment. The employer argued against compensable temporary disability for a single day's absence and questioned the applicant's knowledge of the cumulative trauma's industrial cause. The Board affirmed the original award, finding the applicant had knowledge of an industrial injury and suffered disability on June 13, 2011.

Cumulative trauma injuryDate of injuryLabor Code section 5412Compensable temporary disabilityPermanent disabilityIndustrial accident leaveEducation CodeWorkers' Compensation Appeals BoardReconsiderationFindings Award and Order
References
Case No. ADJ6836872
Regular
Mar 09, 2010

RAY PATE vs. SPERRY ROAD SYSTEMS, NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, PA, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board denied the applicant's petition for reconsideration and removal, agreeing with the WCJ that the discovery order regarding a QME panel was not a final order. Therefore, the petition for reconsideration was dismissed as it was improperly filed. The Board also found the applicant failed to show irreparable harm, thus denying removal. The Board noted that regulations applicant relied on were not retroactively applicable and may conflict with existing statutes.

Workers' Compensation Appeals BoardPanel QMELabor Code $\S 4061$Labor Code $\S 4062$ReconsiderationRemovalDiscovery OrderFinal OrderInterlocutory OrderPermanent Disability
References
Case No. ADJ7300791
Regular
Jun 06, 2011

James Larsh vs. CITY OF MONROVIA

The City of Monrovia petitioned for removal, arguing the Appeals Board lacked jurisdiction as it was never formally joined as a defendant. While the applicant alleged an injury against the County of Riverside, a claim form also indicated a cumulative trauma injury against Monrovia, which Monrovia had participated in proceedings for, including a Mandatory Settlement Conference. The Appeals Board granted the removal petition, finding insufficient procedural formality, and ordered the case redesignated as a Mandatory Settlement Conference for Monrovia to be formally joined and the application amended.

Petition for RemovalWorkers' Compensation Appeals BoardCity of MonroviaPermissibly Self-InsuredOpinion and Order Granting Petition for RemovalDecision After RemovalApplicantIndustrial InjuryRespiratory SystemCumulative Trauma
References
Case No. ADJ8231311
Regular
Mar 29, 2013

RON JENSEN vs. STEVENS CREEK TOYOTA, AUTO DEALERS COMPENSATION OF CALIFORNIA (ADCOMP), CORVEL CORPORATION

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding a finding that Ron Jensen's claim for a March 11, 2005 injury was not barred by the statute of limitations. The WCJ determined the statute was tolled due to the defendant's failure to provide proper notice of benefits. The defendant argued the applicant was repeatedly notified of time limitations, but the Board adopted the WCJ's credibility determination regarding the defendant's misstatements about permanent disability. A dissenting opinion argued the claim was time-barred, asserting the applicant received timely notices and that the defendant's assessment of no permanent disability was factually supported by medical reports at the time.

Workers' Compensation Appeals BoardStatute of LimitationsReconsiderationFindings and OrderApplicantDefendantWCJTolledNotice of BenefitsPermanent Disability
References
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