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Case Law Database

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

Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
0
Case No. ADJ4337031 (SAC 0363533)
Regular
Aug 19, 2011

CHARLOTTE HUDSON vs. EMG CHILDREN & FAMILY SERVICES, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision, rescinding the judge's award of 11% permanent disability. The case is returned to the trial level to further develop the medical record regarding the applicant's gait derangement impairment and its valuation under *Almaraz/Guzman* principles. The judge must also address the vocational expert's entitlement to fees and consider the recent *Ogilvie* decision's impact on permanent disability determination.

Workers' Compensation Appeals BoardFindings and AwardPermanent DisabilityVocational ExpertAgreed Medical ExaminerAlmaraz/GuzmanOgilvieGait DerangementAntalgic GaitAMA Guides 5th Edition
References
9
Case No. ADJ1973305 (STK 0199710)
Regular
Jan 30, 2009

Silviano De La Torre vs. PETE POSTMA DAIRY, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the prior award, returning the case for re-evaluation of permanent disability. The board found merit in the applicant's argument that gait derangement and cane use were not adequately considered in the original rating. However, the WCAB upheld the finding that the defendant failed to establish apportionment to a prior injury due to a lack of due diligence. The applicant's request to apply the 1997 rating schedule was deemed waived.

Workers' Compensation Appeals BoardSilviano De La TorrePete Postma DairyState Compensation Insurance FundADJ1973305STK 0199710ReconsiderationFindings Award and OrdersWorkers' Compensation JudgeTemporary Disability
References
1
Case No. ADJ9451959; ADJ9451967
Regular
Aug 22, 2019

MARK YANCHUNIS vs. SHASTA GOLD CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's (WCJ) decision. The WCJ properly relied on the agreed medical evaluator's (AME) opinion, which provided substantial evidence for the impairment rating. The AME's analysis, which accounted for severe degenerative changes and gait abnormalities beyond a strict AMA guide application, was deemed persuasive and within legal parameters. The Board affirmed that the AME's reasoning for adding impairments due to a synergistic effect, rather than combining them, was supported by case law and the medical evidence.

Workers' Compensation Appeals BoardMark YanchunisShasta Gold CorporationZurich American Insurance CompanyADJ9451959ADJ9451967Petition for ReconsiderationAgreed Medical Evaluator (AME)Almaraz/Guzman analysisAMA Guides
References
3
Case No. ADJ1142998
Regular
May 29, 2009

STEVE REYNOLDS vs. WYCKOFF LOGGING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the original decision which denied the applicant's claim for avascular necrosis of the right hip as a compensable consequence of a prior industrial injury. The Board found the original decision was not supported by substantial medical evidence, specifically finding the reliance on Dr. Glancz's report to be erroneous and speculative. Dr. Barber's reports, however, were deemed substantial evidence supporting the applicant's claim that the fall and subsequent gait issues significantly impacted his right hip condition. The case is returned to the trial level for further proceedings and a new decision.

Avascular necrosiscompensable consequenceindustrial injuryright hipleft lower extremitymedical treatmentQualified Medical Examiner (QME)substantial evidenceopinionreconsideration
References
8
Case No. ADJ7063179
Regular
Sep 12, 2011

LORRAINE RODGERS vs. COUNTY OF SACRAMENTO

In this case, the applicant, Lorraine Rodgers, sustained an industrial knee injury as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 34% permanent disability. The defendant challenged the rating, arguing the Agreed Medical Examiner's (AME) report lacked substantial evidence and failed to rebut the standard disability schedule. The WCAB found the AME's rationale for using a gait disorder table, supported by the applicant's subjective complaints and objective findings, provided sufficient justification for deviating from standard ratings.

Workers' Compensation Appeals BoardDeputy SheriffIndustrial InjuryKneesPermanent DisabilityAgreed Medical Examiner (AME)Whole Person Impairment (WPI)2005 Schedule for Rating Permanent DisabilitiesPrimary Treating PhysicianAMA Guides to the Evaluation of Permanent Impairment
References
5
Case No. ADJ13011053
Regular
Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation
References
17
Case No. ADJ7238353
Regular
Dec 10, 2012

Arthur Cannon vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the denial of permanent disability for Arthur Cannon, a police officer injured in 2008. An Agreed Medical Examiner (AME) opined that while objective findings were minimal, the applicant's heel pain justified a 7% Whole Person Impairment rating by analogy to gait derangement. The WCAB found the AME's analogy was permissible under *Almaraz/Guzman* to address impairments not specifically covered by the AMA Guides, thus rescinding the original award. The dissenting opinion argued there was no objective evidence of impairment in earning capacity, normal member use, or competitive handicap, and therefore no basis for the rating.

Workers' Compensation Appeals BoardArthur CannonCity of SacramentoReconsiderationPermanent Disability Rating ScheduleAgreed Medical ExaminerAMA GuidesWhole Person ImpairmentPlantar FasciitisGait Derangement
References
5
Case No. ADJ9887809
Regular
Jan 29, 2019

JOSEPH CAGLIA vs. CALIFORNIA DEPARTMENT OF REHABILITATION, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding of five percent permanent partial disability. The Board adopted the Administrative Law Judge's (WCJ) report, which found the opinion of Dr. Pelton more persuasive than that of Dr. Purcell. The WCJ explained that Dr. Pelton's use of a Station and Gait Disorder rating was appropriate given the applicant's objective ligament tear and resulting subjective limitations, even if a conventional application of the AMA Guides yielded zero impairment. The WCJ's detailed report cured any potential defect under Labor Code § 5313, and the reliance on Dr. Pelton's report constituted substantial evidence.

WCABPetition for Reconsiderationsubstantial evidencemedical opinionsWCJ reportpermanent disabilityprimary treating physicianAMA GuidesAlmaraz-GuzmanStation & Gait Disorder
References
4
Case No. CV-23-1834
Regular Panel Decision
Jan 09, 2025

Matter of Gunness v. Prime Piping & Heating Inc.

Claimant Arnold Gunness appealed a decision from the Workers' Compensation Board denying his claim for causally-related injuries to his neck, back, and left knee. Gunness initially filed a claim for a right foot fracture sustained in June 2020. Later, he filed a second claim alleging additional injuries to his neck, back, and left knee due to an altered gait and cane usage following the foot injury. Medical opinions conflicted; a podiatrist's opinion was disregarded, and a physiatrist's opinion on causation was deemed unpersuasive due to claimant's inconsistent accounts and lack of understanding of the mechanism of injury for the additional body parts. An orthopedic surgeon also could not establish a causal connection. The WCLJ and the Board found that the claimant failed to establish a causal connection, citing a lack of credible medical evidence and the claimant's inconsistent accounts. The Appellate Division affirmed the Board's decision, concluding that it was supported by substantial evidence.

CausationWorkers' CompensationInjury ClaimMedical EvidenceCredibility DeterminationBoard AuthorityAppellate ReviewAltered GaitRight Foot FractureNeck Injury
References
8
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