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

Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
0
Case No. ADJ14871067
Regular
Feb 13, 2023

EDGAR GAMA vs. XTRACTOR DEPOT, LLC, 2020 LONG BEACH, LLC, THE HARTFORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the judge's finding that the applicant was an employee of Xtractor Depot, LLC. The Board gave significant weight to the judge's credibility determination, finding no substantial evidence to warrant overturning it. The Board also noted the petitioner's improper attachment of exhibits to their petition. Ultimately, the applicant's credible testimony and unrebutted exhibits supported the original finding of industrial injury.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ Credibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Ostensible AuthorityEmployee StatusXtractor Depot LLCAndrew YoonCannabis IndustryWarehouse Explosion
References
4
Case No. ADJ7155290, ADJ7250226
Regular
Oct 11, 2018

Applicant vs. JOHN F. KENNEDY MEMORIAL HOSPITAL, SEDGWICK CMS

The WCAB affirmed the WCJ's decisions denying applicant's workers' compensation claims. In one case, the WCJ found the applicant's claim barred by collateral estoppel due to an arbitration decision, and the WCAB agreed the applicant had an adequate opportunity to litigate. In the second case, the WCAB upheld the WCJ's finding that the applicant failed to prove injury AOE/COE, rejecting claims of post-traumatic memory issues and insufficient rebuttal evidence. The WCAB gave great weight to the WCJ's credibility determination based on observing witnesses.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersPresumption of CompensabilityLabor Code Section 5402AOE/COECollateral EstoppelArbitrationPost-traumatic Memory IssuesDr. Bassett
References
4
Case No. LAO 0872687
Regular
Jul 01, 2008

VICKI JOHNSON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a psychiatric injury, upholding the original decision based on the judge's report and applicant's credibility. However, the Board granted the lien claimant's petition, amending the original findings to clarify that lien issues, including payment for subpoena services, were not addressed at trial. The Board affirmed the denial of the applicant's claim while rectifying the procedural status of the lien claimant's claim.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche/StressPsychiatric InjuryMedical OpinionCredibilityLien ClaimantSubpoena ServicesPetition for ReconsiderationFindings of Fact
References
1
Case No. ADJ8765139, ADJ9014068
Regular
Nov 26, 2014

JOEL VARGAS vs. ROMERO'S FOOD PRODUCTS, INC., MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the WCJ's decision that the applicant did not sustain industrial injury. This denial was based on the applicant's lack of credibility and insufficient substantiating medical evidence, compounded by more credible employer witness testimony. The WCJ found the applicant's medical reporting was based on false, inaccurate, or incomplete histories, and the Appeals Board accorded great weight to the WCJ's credibility findings. Therefore, the petition was denied as the applicant failed to prove industrial causation by a preponderance of the evidence.

Petition for ReconsiderationWCJ Credibility FindingSubstantial EvidenceMedical History AccuracyIndustrial Injury CausationLabor Code 3202Developing the RecordPreponderance of EvidenceNon-industrial CausesPrior Injuries
References
9
Case No. AHM 0093643
Regular
Nov 07, 2007

RUBEN DE LA TORRE vs. ST. JUDE HOSPITAL; Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the Administrative Law Judge's (ALJ) finding that the applicant was not credible and did not sustain an injury arising out of and in the course of employment (AOE/COE). The ALJ's report, which the Board adopted, emphasized the applicant's lack of credibility, failure to disclose pre-existing conditions, and the credibility of defense witnesses and medical evidence. The Board gave great weight to the ALJ's credibility findings.

Petition for ReconsiderationWCJ ReportApplicant CredibilityInjury AOE/COEPermissibly Self-InsuredWorkers' Compensation Appeals BoardGarza v. Workmen's Comp. Appeals Bd.Pro PerFindings & OrderMedical Evidence
References
1
Case No. ADJ6586259
Regular
May 17, 2010

Ramon Navarro vs. Landscape Specialists, Inc./Artistic Maintenance Landscaping, Inc., IWC Group

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a decision that found he did not prove a work-related injury. The applicant's testimony regarding the time, location, and manner of his alleged injury was inconsistent and contradicted by his phone records and the credible testimony of a defense witness. The Administrative Law Judge found the applicant not credible, and the Board affirmed this finding, stating the applicant failed to meet his burden of proof by a preponderance of the evidence. The Board specifically gave great weight to the WCJ's credibility findings.

WCABPetition for ReconsiderationCredibilityGeneral LaborerGardenerBack InjuryLeft Lower Extremity InjurySleep DisorderSexual DysfunctionImpeachment
References
2
Case No. ADJ10303873
Regular
Jan 13, 2020

Alfred Hunt vs. CEMEX; NATIONAL UNION FIRE INSURANCE COMPANY C/O GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and OrderIndustrial InjuryCement Truck DriverCredibilityTimely ReportingBurden of ProofAOE/COEPreexisting Condition
References
1
Case No. ADJ7430217
Regular
May 17, 2012

LETICIA FLORES vs. RABOBANK; CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of the applicant's claim for injuries sustained from continuous trauma at Rabobank. The Board adopted the WCJ's report, which found the applicant's orthopedic injuries arose out of and in the course of employment, relying heavily on the credible testimony of the applicant and the persuasive report of the Agreed Medical Examiner. Despite the defendant's arguments regarding lack of prior medical complaints and other activities, the WCJ found the applicant's testimony credible and the Agreed Medical Examiner's findings sufficient to support an award of temporary disability benefits. The Board affirmed the WCJ's findings, extending great weight to the credibility determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerInjury AOE/COEContinuous TraumaTemporary DisabilityCredibility FindingLabor Code Section 3202.5Liberal ConstructionPreponderance of Evidence
References
6
Case No. ADJ6688237
Regular
Jun 10, 2013

Celina Acevedo vs. William Sanchez-Barrera, UEF

The Workers' Compensation Appeals Board denied reconsideration of a decision that found applicant Celina Acevedo was not an employee of William Sanchez-Barrera. The Administrative Law Judge's (ALJ) credibility finding against the applicant was central to the decision. The ALJ found the applicant's testimony regarding her employment and the severity of her claimed injury lacked credibility, while the defense witness's testimony was deemed credible. Therefore, the board adopted the ALJ's report and recommendations.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingEmployment RelationshipHousekeeperInjury AOE/COEWitness TestimonyEmployment RecordsApplicant Credibility
References
1
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