Updated Daily

Case Law Database

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

Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875

Regular

Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875

References

Case No. ADJ6968292

Regular

Jul 19, 2013

ANDRES CASTILLO vs. C. W. HORTON GENERAL CONTRACTOR, MAJESTIC INSURANCE COMPANY, AMTRUST AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding the applicant's permanent disability rating for a left thumb injury. The Board found discrepancies between the treating physician's and QME's reports concerning the applicant's functional limitations and impairment rating. While the Board affirmed the denial of additional temporary disability, it deferred the permanent disability award and attorney fees pending further medical evaluation, specifically addressing whether to deviate from strict AMA Guides application per *Almaraz/Guzman*.

Workers Compensation Appeals BoardAndres CastilloC. W. Horton General ContractorMajestic Insurance CompanyAmtrust AmericaADJ6968292Stockton District OfficeOpinion and Order Granting ReconsiderationDecision After Reconsiderationpermanent disability

References

Case No. ADJ2930104 (RIV 0061967)

Regular

Jan 19, 2017

LEONARDO NUNGARAY vs. REMEDIATION CONSTRUCTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning applicant Leonardo Nungaray's claim. The Board found that the initial Utilization Review (UR) determination erroneously characterized the applicant's requested treatment for a left-sided epidural injection as a right-sided procedure. This fundamental error in the UR process, not the Independent Medical Review (IMR), requires further examination. Consequently, the case is returned to the trial level to determine if the UR was timely and if the judge has jurisdiction over the medical necessity dispute.

Workers' Compensation Appeals BoardIndependent Medical ReviewPetition for ReconsiderationPlainly Erroneous Finding of FactRadiculopathyRequest for AuthorizationEpidural InjectionTreating PhysicianUtilization ReviewMedical Treatment Guidelines

References

Showing 1-3 of 3 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875

ANDRES CASTILLO vs. C. W. HORTON GENERAL CONTRACTOR, MAJESTIC INSURANCE COMPANY, AMTRUST AMERICA

LEONARDO NUNGARAY vs. REMEDIATION CONSTRUCTORS, INC., STATE COMPENSATION INSURANCE FUND