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

Case No. ADJ4512246 (OXN 0147785) ADJ7271702; ADJ7271747
Regular
Jan 19, 2016

ARMANDO BANUELOS vs. SOUTHERN CALIFORNIA EDISON

This case involves applicant Armando Banuelos seeking reconsideration of a prior workers' compensation award. The Appeals Board granted the defendant's petition for reconsideration and denied the applicant's. The Board rescinded the prior award, amending findings to establish industrial injury to the right elbow and wrist as a cumulative trauma, and removing psychiatric injury as compensable. The permanent disability for the cumulative trauma was reduced, and all other findings were affirmed.

Workers' Compensation Appeals BoardArmando BanuelosSouthern California Edisonindustrial psychiatric injurysleep disorderGERDheadachescumulative traumaspecific injurypermanent disability
References
1
Case No. ADJ8786084
Regular
Mar 24, 2016

ARMANDO RODRIGUEZ vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board denied applicant Armando Rodriguez's petition for reconsideration. The Board had previously granted reconsideration of an initial finding that Rodriguez sustained a psychiatric injury, instead determining that the claim was barred by the "good faith personnel action defense." The Board found the defendant met its burden of proof that the applicant's psychiatric injury claim was barred by Labor Code section 3208.3(h). Therefore, applicant was ordered to take nothing by way of his claim.

Petition for ReconsiderationGood Faith Personnel Action DefenseLabor Code section 3208.3(h)Psychiatric InjuryCumulative TraumaSpecific InjuryAOE/COERolda v. Pitney BowesInc.WCAB
References
1
Case No. ADJ9301001
Regular
Sep 29, 2016

Armando Garcia vs. Geraldine Whitney, Fred Whitney

The Workers' Compensation Appeals Board denied Armando Garcia's petition for reconsideration, upholding the WCJ's finding that he was not an employee of Geraldine Whitney at the time of his injury. The Board agreed that Garcia's belief of working for free rent did not establish an employment contract. Conflicting evidence regarding the parties' relationship supported the WCJ's reasonable determination that no express or implied employment agreement existed due to lack of consideration. Therefore, Garcia's claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardArmando GarciaGeraldine WhitneyFred WhitneyADJ9301001Employee statusImplied contractConsiderationLabor Code section 3357Presumption of employment
References
0
Case No. ADJ14951750 (MF); ADJ15106978
Regular
Jul 07, 2025

JORGE ARMANDO GARAY SANCHEZ vs. BLAKE MCCLURE

Applicant Jorge Armando Garay Sanchez sought reconsideration of a Finding of Fact and Order (F&O) issued by a WCJ, which concluded he failed to prove industrial injuries on two separate dates. The Appeals Board granted the petition, finding that the defendant, Blake McClure, had admitted applicant's employment and failed to rebut the employment presumption. The Board rescinded the original F&O and substituted a new one, affirming that applicant claimed industrial injuries to his left knee, ankle, and foot on July 15, 2021, and to his head and neck on February 3, 2020, further noting the defendant was uninsured. The case has been returned to the WCJ for further proceedings consistent with this decision.

Petition for ReconsiderationFinding of Fact and OrderWorkers' Compensation Appeals BoardWCJIndustrial InjuryLeft KneeLeft AnkleLeft FootHead and NeckUninsured Employer
References
13
Case No. ADJ2369591
Regular
Aug 05, 2009

ARMANDO GUTIERREZ vs. ANTHONY BECHTOL DBA CUSTOM, ETC.

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefit Trust Fund's (UEBTF) petition for reconsideration. The Board affirmed the Workers' Compensation Judge's finding that Armando Gutierrez was not employed by Anthony Bechtol. Consequently, the Judge found no cause of action against Bechtol and issued a "take nothing" order against him. The matter was returned to the trial level to address a compromise and release agreement between Gutierrez and UEBTF, considering the finding of no employment.

Uninsured Employers Benefit Trust FundPetition for ReconsiderationFindings and OrderCompromise and ReleaseIllegally UninsuredLabor Code section 3715(e)Take Nothing OrderWCJ Report and RecommendationTrial LevelFurther Proceedings
References
0
Case No. ADJ16354315; ADJ17880338
Regular
Apr 04, 2025

ARMANDO RODRIGUEZ vs. CITY OF WATSONVILLE, LWP CLAIMS, INC.

Armando Rodriguez, the applicant, filed a Petition for Reconsideration after the Workers' Compensation Judge (WCJ) denied his claims of discrimination under Labor Code section 132a and Serious and Willful Misconduct against his employer, the City of Watsonville. The applicant alleged discrimination following work injuries, citing a written reprimand and a purported plan of retaliation. However, the WCJ found no direct link between the work injury and the reprimand, noting that performance issues predated the injury, and that the employer followed medical restrictions. The Appeals Board adopted the WCJ's report and denied the petition, concluding that the original findings were supported by the evidence and that the decision was timely issued.

WCABPetition for ReconsiderationLabor Code section 590960-day ruleEAMSTransmission to Appeals BoardReport and RecommendationAOE/COELabor Code section 132aSerious and Willful Misconduct
References
9
Case No. ADJ2425893 (LAO 0847633) ADJ1073862 (LAO 0827989)
Regular
Sep 07, 2014

GILBERTO BANUELOS vs. NUPLA CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for extensive injuries to applicant Gilberto Banuelos, including permanent total disability due to chronic pain syndrome. The Workers' Compensation Appeals Board granted reconsideration primarily on the issue of home health care services. The Board affirmed the original award but deferred the determination of home health care services for further proceedings. This deferral is due to insufficient development of the record regarding the necessity, start date, and rate of reimbursement for these services, particularly in light of recent legislative changes.

Workers Compensation Appeals BoardReconsiderationFindings and AwardAgreed Medical EvaluatorsPermanent DisabilityChronic Pain SyndromeHome Health Care ServicesLabor Code SectionsNeri HernandezPrescription Requirement
References
2
Case No. ADJ2456257 (LAO 0856958)
Regular
Nov 07, 2013

JAVIER BANUELOS vs. JACK'S RESTAURANTS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant seeking reconsideration of an award for 8 hours of daily home care services for the applicant, Javier Banuelos, based on an Agreed Medical Examiner's opinion. The defendant argued the award was improper due to a waived issue regarding a Utilization Review denial and improper reliance on the AME's reports. The Board denied reconsideration, finding the defendant waived the UR denial issue by raising it post-trial, and failed to argue against the substantial evidence provided by the AME. Therefore, the original Findings and Award for home care services were upheld.

Workers' Compensation Appeals BoardJavier BanuelosJack's RestaurantsState Compensation Insurance FundFindings and AwardHome Care ServicesAgreed Medical Examiner (AME)Dr. Rodney BluestoneUtilization Review (UR)Prescription Denial
References
6
Case No. ADJ1236789 (LAO 0886815) ADJ2504854 (LAO 0886825)
Regular
Dec 13, 2010

ARMANDO MANCILLA vs. SANTA ANA TRANSMISSION SERVICE, FIRST COMPENSATION OMAHA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of Armando Mancilla's workers' compensation claims for admitted back and knee injuries. The dismissal was based on an alleged lack of response to a notice of intention to dismiss, but the applicant's attorney had timely filed an objection with supporting declarations via electronic filing. The Board found good cause for the applicant's non-appearance, citing the attorney's diligent efforts to contact the applicant who was working during business hours.

WCABReconsiderationDismissalNotice of Intention to Dismiss ClaimGood CauseElectronic Adjudication Management SystemEAMSObjectionIndustrial InjurySpecific Injury
References
0
Case No. ADJ7014015, ADJ7585119
Regular
Oct 13, 2015

ARMANDO SANCHEZ vs. RICHARD I KORAL, dba JESSICA'S, CYPRESS INSURANCE COMPANY

This case consolidates two workers' compensation claims related to applicant Armando Sanchez's back injury. Lien claimants Monrovia Memorial Hospital, Los Angeles Orthopedics, and Dr. Satish Kadaba sought reconsideration of a decision awarding their liens in part, based on the defendant's bill review. The Appeals Board dismissed Monrovia Memorial Hospital's petition as untimely and denied Dr. Kadaba's and Los Angeles Orthopedics' petitions because the admissibility of the defendant's bill review was not raised earlier. Ultimately, the Board adopted the WCJ's findings and recommendations, denying the lien claimants' requests for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWarehousemanBack InjuryLabor Code section 3208.3Lien ClaimantsBill ReviewAdmissibility of Evidence
References
6
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