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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ4464746 (SAC 0358795)
Regular
Oct 07, 2014

ANDREW THOMPSON (Deceased), EDITH THOMPSON (Spouse) vs. HUHTAMAKI AMERICAS, INC., ACE AMERICAN INSURANCE CO.

This case concerns a workers' compensation death benefit claim filed by Edith Thompson, widow of Andrew Thompson, who died from asbestos exposure. The defendant sought reconsideration of a prior ruling that her claim was not time-barred. The Board rescinded the prior decision, finding that Labor Code section 5406.5 requires death benefit claims for asbestos-related deaths to be filed within one year of the date of death. Edith Thompson's application, filed over a year after her husband's death, was therefore dismissed as untimely.

Workers' Compensation Appeals BoardAndrew ThompsonEdith ThompsonHuhtamaki AmericasInc.ACE American Insurance Co.toxic exposureasbestoscumulative traumadeath benefits
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. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
Case No. VNO 0389726
Regular
Nov 09, 2007

Paula Gonzales vs. K-MART CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision barring a minor's claim for death benefits. The claim was filed outside the statutory one-year limit from the date of death and the 240-week period from the injury date, despite tolling provisions for minors. The Board found that preliminary letters and a request to amend a prior application did not constitute a formal application for death benefits, and therefore, the claim was untimely.

Death BenefitsStatute of LimitationsLabor Code Section 5406Labor Code Section 5408Guardian Ad LitemMinor HeirTolling ProvisionsApplication for Death BenefitsCommencement of ProceedingsEstoppel
References
Case No. ADJ8822343
Regular
Aug 29, 2019

MARY LEON (Deceased) vs. DSS (IN HOME SUPPORT COUNTY OF LA), MEALS ON WHEELS

This case concerns a death benefit claim following the industrial death of Maria Leon. The applicant, the Death Without Dependents unit (DWD), sought to recover death benefits arguing the decedent left no dependents. However, the Board found substantial evidence that the decedent's sons, Juan Manuel Vasquez and Julian Vasquez, were partial dependents, thus DWD failed to meet its burden of proof. Consequently, DWD's claim for death benefits was denied, and the Board amended the original findings to reflect this outcome.

Death benefitsDWDdependentsstatutory death benefitpartial dependencycivil recovery creditstatute of limitationsburden of proofLabor Code section 4706.5employer liability
References
Case No. ADJ6473555, ADJ7393801
Regular
Sep 18, 2014

Frank Jones (Deceased), Araceli Jones, Mya Jaedyn Jones vs. CDCR KERN VALLEY STATE PRISON, State Compensation Insurance Fund

The Workers' Compensation Appeals Board affirmed a previous award for death benefits to the minor daughter of deceased correctional officer Frank Jones. The WCJ found that the daughter, Mya Jones, was entitled to the special minor's death benefit due to "good cause," as her mother is now a sole provider facing significant financial hardship after the decedent's death. The Board agreed, citing compelling evidence of the mother's financial strain and the minor's ongoing needs. This decision overrides the defendant's contentions that the award was improper and denies credit for prior permanent disability advances.

Workers' Compensation Appeals BoardCalPERSspecial death benefitminor dependentGuardian Ad LitemLabor Code section 4704good causeaverage weekly earningstemporary total disabilitypermanent disability indemnity
References
Case No. ADJ2627623 (MON 0215913) ADJ913845-(MON-0345139)
Regular
Dec 15, 2009

LEROY COLEMAN vs. CALIFORNIA CENTER FOR LIVING AND LEARNING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE

The Appeals Board reversed the WCJ's order to pay applicant's attorney 15% of permanent disability benefits, finding no benefits payable due to applicant's death before adjudication.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesPermanent Disability BenefitsLabor Code Section 4904LienDeath of ApplicantPrice v. Workers' Comp. Appeals Bd.Accrued BenefitsUnforeseen Death
References
Case No. ADJ1298520
Regular
Dec 24, 2010

CLUSEGUN AFOLAYAN (DECEASED), OLUWASEUN AFOLAYAN, et al vs. STATE OF CALIFORNIA CDCR, CALIFORNIA REHABILITATION CENTER, Legally Uninsured, SCIF/STATE CONTRACTS

In this workers' compensation case, the Appeals Board reconsidered a WCJ's award of dependency benefits to three adult children of a deceased worker. The WCJ had awarded $192,000 total, based on the children being total dependents despite the widow electing CalPERS benefits which typically bar other death benefits. The Board agreed that the adult children are entitled to benefits under Labor Code section 4702, as the widow's CalPERS election does not necessarily exclude other dependents with good cause. However, the Board disagreed with the WCJ's calculation method and remanded the case for a new decision, directing the adult children to divide the difference between the maximum benefit for a widow with dependents and the benefit for a widow without dependents.

Workers' Compensation Appeals BoardDependency benefitsLabor Code Section 4702Adult childrenDeath benefitsLabor Code Section 4707CalPERS special death benefitGood causeTotal dependentsWidow's benefits
References
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