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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9054894
Regular
Nov 29, 2016

GRANT GROVER vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both applicant Grant Grover and defendant State Compensation Insurance Fund. This action was taken to allow the WCAB sufficient time to thoroughly study the factual and legal issues presented. The WCAB determined this further review is necessary to ensure a just and reasoned decision. All subsequent filings related to the petitions must be directed to the WCAB Commissioners' office in San Francisco, not local district offices or e-filing.

Grant GroverAtascadero State HospitalState Compensation Insurance FundADJ9054894San Jose District OfficePetitions for ReconsiderationSeptember 202016Statutory time constraintsFactual and legal issues
References
Case No. ADJ679857 (GRO 0032115) ADJ3958291 (GRO 0032116) ADJ3374203 (GRO 0032117)
Regular
Oct 23, 2008

Catherine Isbell vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND STATE EMPLOYERS OXNARD

In this case, the Applicant sought reconsideration of separate permanent disability awards for two back injuries sustained as a registered nurse, arguing for a single award. The WCAB granted reconsideration because the Appeals Board's en banc decision in *Benson v. The Permanente Medical Group*, which dictated separate awards for injuries to the same body part, was under review by the Court of Appeal. The matter was returned to the trial level to await the Court of Appeal's decision, which will control the outcome of this case.

Workers' Compensation Appeals BoardAtascadero State HospitalState Compensation Insurance Fundregistered nurseindustrial injuriesback injurypermanent disabilityBenson v. The Permanente Medical Grouppetition for writ of reviewen banc decision
References
Case No. ADJ8811070 (MF) ADJ8813444
Regular
Nov 10, 2016

NEIL WATKINS vs. DEPARTMENT OF STATE HOSPITALS, ATASCADERO STATE HOSPITAL, legally uninsured, STATE COMPENSATION INSURANCE FUND, adjusting agent

The defendant sought reconsideration of a finding that their statute of limitations defense was not established. The applicant sustained a specific injury on August 5, 2007, and filed a claim on February 28, 2013. The defendant argued the claim was barred because benefits were last provided in December 2008, over a year before the application. However, the defendant failed to present affirmative evidence, such as benefit printouts, proving no treatment was provided within the year preceding the application. Consequently, the defendant did not meet their burden of proof to establish the statute of limitations defense.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code section 5405Specific InjuryCumulative TraumaApplication for AdjudicationFindings and AwardPetition for ReconsiderationAffirmative DefenseBurden of Proof
References
Case No. ADJ10351910
Regular
Aug 09, 2017

SELENA MCINTOSH vs. MILITARY DEPARTMENT OF THE STATE OF CALIFORNIA, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns whether a California Army National Guard member injured during "active duty for training" under federal Title 10 is eligible for California workers' compensation benefits. The Board found that California Military and Veterans Code Section 340(b) expressly prohibits state workers' compensation benefits for service performed under Title 10. Therefore, the applicant cannot collect benefits under Division 4 of the Labor Code. While the applicant's VA benefits were denied, her recourse was to appeal that denial, not to pursue state workers' compensation.

Military Departmentlegally uninsuredState Compensation Insurance FundTitle 10Labor Code Division 4Petition for ReconsiderationFindings of FactWCJpsyche injurysexual assault
References
Case No. ADJ9328357
Regular
Feb 02, 2017

KAREN SCHNEIDER vs. STATE OF CALIFORNIA, DEPARTMENT OF STATE HOSPITALS, COALINGA STATE HOSPITAL, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Karen Schneider's petition for reconsideration in case ADJ9328357. The Board adopted the reasoning of the workers' compensation administrative law judge (WCJ), finding no good reason to disregard the opinion of the agreed medical evaluator. The WCJ had properly relied on the AME's expertise and neutrality. Therefore, the petition for reconsideration was denied based on the record and the WCJ's report.

WCABPetition for ReconsiderationAgreed Medical EvaluatorAMEWCJCoalinga State Hospitallegally uninsuredState Compensation Insurance Funddenying reconsiderationPower v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
References
Case No. BAK 0147388
Regular
Aug 22, 2007

ALVIN WILEY vs. STATE OF CALIFORNIA, CDCR - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify the application of Labor Code section 4656(c)(1) regarding the limit on temporary disability indemnity. The Board determined that Enhanced Industrial Disability Leave (EIDL) payments count towards the two-year/104-week limit on temporary disability, reversing the judge's prior finding. Consequently, the applicant is entitled to additional temporary disability only for the brief period from December 29, 2006, to January 4, 2007.

Workers' Compensation Appeals BoardAlvin WileyState of California CDCR Wasco State PrisonLegally UninsuredState Compensation Insurance FundAdjusting AgencyBAK 0147388Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ11213816
Regular
Dec 02, 2019

KIM MAILANGKAY vs. PATTON STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, the applicant's petition for reconsideration was denied. The Board adopted the WCJ's reasoning, which found that the applicant failed to present objective evidence to support her psychiatric injury claim, as required by Labor Code section 3208.3 and the holding in *Verga v. Workers' Comp. Appeals Bd*. The Board also gave significant weight to the WCJ's credibility determinations, noting the opportunity to observe witnesses' demeanor and finding no evidence to overturn those findings. Therefore, the petition for reconsideration was denied based on the lack of substantiated objective evidence and the WCJ's credible findings.

Workers' Compensation Appeals BoardPatton State HospitalState Compensation Insurance FundPetition for Reconsideration DeniedPsychiatric InjuryActual Events of EmploymentObjective EvidenceHarassmentPersecutionVerga v. Workers' Comp. Appeals Bd.
References
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