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

Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
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 The Appeals Board granted the defendant's petition for reconsideration and denied the applicant's. The Board rescinded the prior award, amending findings to establish industrial injury to the right elbow and wrist as a cumulative trauma, and removing psychiatric injury as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
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
Case No. BAK 144423
Regular
Nov 13, 2007

Martha Gallegos vs. WELLPOINT HEALTH NETWORKS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, reversing the prior award of temporary disability indemnity for Martha Gallegos after June 4, 2004. The Board found that Gallegos' resignation was due to her extended commute, not her industrial injury, thus disqualifying her from further temporary disability benefits. However, the Board affirmed the finding of 17% permanent disability, finding the treating physician's reports substantial evidence despite the defendant's arguments.

Workers Compensation Appeals BoardIndustrial InjuryCarpal TunnelUpper ExtremitiesTemporary Disability IndemnityPermanent DisabilityEmployment Development DepartmentReconsiderationMedical CareQualified Medical Examiner
References
Case No. ADJ656556
Regular
Jun 11, 2012

Armando Lopez vs. Barrett Business Services Inc.

The Workers' Compensation Appeals Board granted reconsideration of a prior WCJ decision. The Board rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision. The Board noted that the issue is "course of employment," not "scope of employment," but did not rule on the merits of the case.

Armando LopezBarrett Business ServicesWorkers' Compensation Appeals BoardPetition for ReconsiderationScope of EmploymentCourse of EmploymentAdministrative Law JudgeRescindReturn for Further ProceedingsDecision After Reconsideration
References
Case No. ADJ2583064
Regular
Oct 12, 2009

ARMANDO ALEJANDRE, ALICIA ALEJANDRE vs. VALLEY CREST COMPANIES

The defendant's petition for reconsideration is granted to allow sufficient time to study the factual and legal issues.

Workers Compensation Appeals BoardPetition for ReconsiderationArmando AlejandreAlicia AlejandreValley Crest CompaniesSelf-InsuredADJ2583064OAK 0340777Opinion and OrderFactual Issues
References
Case No. ADJ8134312
Regular
Sep 15, 2016

ERNIE GALLEGOS vs. GROTH BROTHERS CHEVROLET, AUTO DEALERS COMPENSATION OF CALIFORNIA, CORVEL

The applicant sustained a right knee injury, leading to a total knee replacement. The original award granted permanent disability without apportionment, which the defendant appealed. The Appeals Board granted reconsideration, finding that apportionment to pre-existing knee conditions was legally permissible even after total knee replacement. The case is remanded for a new award based on the Qualified Medical Evaluator's 50% apportionment to pre-existing pathology. A dissenting opinion argues the medical evidence lacked sufficient reasoning to support apportionment.

WORKERS' COMPENSATION APPEALS BOARDERNE GALLEGOSGROTH BROTHERS CHEVROLETAUTO DEALERS COMPENSATION OF CALIFORNIACORVELADJ8134312PETITION FOR RECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENT
References
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
Case No. ADJ8202631
Regular
Nov 19, 2015

ARMANDO ROBLES vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION: STATE TRANSPORTATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case reviews a WCJ's award for cumulative trauma injury to the applicant's heart, circulatory system, and San Joaquin Valley Fever. The WCAB granted reconsideration to address disputes over the applicable Permanent Disability Rating Schedule (PDRS) and the applicant's disability percentage. Ultimately, the WCAB affirmed the WCJ's findings but amended the award to reflect 100% permanent total disability, applying the 2013 PDRS and finding the defendant failed to rebut the presumption of industrial causation for the heart injury. The case is returned to the trial level for further proceedings regarding commutation and attorney fees.

Workers Compensation Appeals BoardArmando RoblesState of California Department of Corrections and RehabilitationState Compensation Insurance FundReconsiderationFindings of FactJoint AwardCumulative TraumaSan Joaquin Valley FeverPermanent Partial Disability
References
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
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