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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ1566624 (MON 0329177) ADJ4125360 (MON 0329180)
Regular
Jul 19, 2011

LAURA LINDQUIST vs. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE; CORVEL CORPORATION

This case concerns the correct permanent disability rating schedule to apply for an injury occurring before January 1, 2005. The Board affirmed the WCJ's decision to use the 1997 PDRS, finding an exception applied due to prior medical reporting indicating permanent disability. However, the Board amended the permanent disability indemnity award and attorney's fee amount based on the WCJ's correction of a mathematical error. The case is returned to the trial level for further proceedings reflecting this corrected award.

WORKERS' COMPENSATION APPEALS BOARDFindings and AwardPetition for ReconsiderationFindings of Factpermanent disabilitypermanent disability indemnity2005 Permanent Disability Rating Schedule1997 Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician
References
Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
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. AHM 106897 AHM 106895 AHM 108789
Regular
Feb 05, 2008

VERONICA ORTIZ vs. DOWNEY AREA RECYCLING TRANSFER, CIGA by INTERCARE INSURANCE SERVICES for SUPERIOR NATIONAL, in liquidation, STATE COMPENSATION INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's decision granting contribution rights to CIGA. The arbitrator awarded CIGA $43,418.27 in contribution, which SCIF disputes based on incorrect facts and law. The Workers' Compensation Appeals Board rescinded the arbitrator's decision, remanding the matter for findings on injury and common body parts to determine contribution entitlement.

Workers' Compensation Appeals BoardCIGASCIFContributionReconsiderationArbitrator's FindingsCompromise and ReleaseThomas findingAOE/COEPost-termination defense
References
Case No. ADJ2785272 (MON 0214399)
Regular
Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted TIG/Fairmont's petition for reconsideration. The Board rescinded the arbitrator's Finding of Facts due to procedural deficiencies, specifically the failure to adequately document the admitted evidence and provide a proper report on reconsideration. The case is returned to the arbitrator to issue a statutorily compliant decision, clearly identifying all admitted evidence and stipulations. The arbitrator is instructed to consider only previously submitted exhibits and evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitration Finding of FactsCumulative Trauma InjuryInsurance CoverageLiquidationAdministrative Law JudgeMemorandum of HearingStipulationsAdmitted Exhibits
References
Case No. ADJ10954606
Regular
Mar 09, 2020

DORIT DAVIDOFF vs. UCLA MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify findings of fact regarding industrial injury AOE/COE. The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of permanent disability benefits was properly supported. The Board clarified that stipulations agreed upon by the parties should be treated as findings of fact to meet statutory requirements. The decision confirms permanent disability for the left ankle, thoracic spine, and lumbar spine, denies claims for neck and knee injuries, and orders further medical treatment and attorney fees.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineThoracic SpineLeft AnkleAOE/COEStipulationJurisdictional FactsFindings of Fact
References
Case No. ADJ1246616 (BAK 0106371) ADJ3243674 (BAK 0120076) ADJ3688132 (BAK 0119854)
Regular
Apr 13, 2009

JENNY LUND-MAVITY, JENNY LUND vs. NESTLE ICE CREAM COMPANY/CARNATION, AMERICAN MOTORIST/KEMPER, NESTLE FOODS, NESTLE USA Inc.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings due to a procedural defect. The arbitrator failed to issue a decision within the 30-day timeframe mandated by Labor Code section 5277, which invalidates the submission. Consequently, the arbitrator's findings are vacated, the arbitrator's fee is forfeited, and the case is returned for new arbitration proceedings.

Workers' Compensation Appeals BoardReconsiderationArbitrator's Findings of FactReimbursementTemporary DisabilityLabor Code Section 5277ForfeitureVacatedSubmission OrderArbitration Proceedings
References
Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
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