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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ1409625 (LBO 0360295) ADJ1382588 (MON 0239533)
Regular
Apr 16, 2015

MELBOURNE BARDOWELL vs. GI TRUCKING COMPANY, GALLAGHER BASSETT SERVICES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to clarify the applicant's date of injury for cumulative trauma. The original award found industrial injury to the neck and low back for a trailer mechanic but did not address liability division between two third-party administrators, Athens Administrators and Gallagher Bassett Services. The Board deferred the issue of the period of injurious exposure to the Workers' Compensation Judge. The matter is returned to the WCJ for further proceedings and a new decision on this specific issue.

Petition for ReconsiderationDivision of LiabilityPeriod of Injurious ExposureLabor Code sections 54125500.5Cumulative TraumaDate of InjuryTrailer MechanicPermissibly Self-InsuredThird-Party Administrator
References
Case No. ADJ4199705
Regular
Oct 28, 2010

JUAN BURCIAGA vs. CONCO COMPANIES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied Juan Burciaga's Petition for Reconsideration and Removal. The WCAB adopted the findings and recommendations of the administrative law judge's report in its entirety. Additionally, the WCAB admonished the petitioner for violating WCAB Rule 10842 by attaching irrelevant or already submitted evidence, warning of potential sanctions. This denial means the prior decision in the case remains in effect.

Petition for ReconsiderationRemovalWCAB Rule 10842SanctionsLabor Code Section 5813Administrative Law JudgeWorkers' Compensation Appeals BoardConco CompaniesAthens AdministratorsJuan Burciaga
References
Case No. ADJ8121226
Regular
Apr 18, 2012

GILBERT CASTILLO vs. EAST CONTRA COSTA FIRE PROTECTION DISTRICT, FASIS administered by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to amend a permanent disability indemnity award, claiming a clerical error in the amount calculated within the stipulations. The Board adopted the Workers' Compensation Judge's report, finding no mutual mistake and emphasizing that the Board is not obligated to correct an administrator's error. The Board specifically declined to adopt the judge's recommendation to impose sanctions on the defendant.

Workers' Compensation Appeals BoardEast Contra Costa Fire Protection DistrictAthens AdministratorsPermanent Disability IndemnityStipulationsClerical ErrorMutual MistakePetition for ReconsiderationAwardSanctions
References
Case No. ADJ9989525 MF, ADJ9989520, ADJ9990228
Regular
Apr 24, 2017

SONIA MENJIVAR vs. SAN GABRIEL COUNTRY CLUB, ATHENS ADMINISTRATORS

In this case, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration and removal. The Board adopted the reasoning of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Therefore, the applicant's request to review and potentially alter the ruling was unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Administrative Law JudgedenialSan Gabriel Country ClubAthens AdministratorsADJ9989525ADJ9989520ADJ9990228
References
Case No. ADJ599176 (SAC 0333692) ADJ2396484 (RDG 0122019) ADJ7950339
Regular
Mar 21, 2017

Fernando Muniz Villalpando vs. Doherty Brothers, Martin Dusters, State Compensation Insurance Fund

This case involves an applicant seeking to self-administer his Medical Set-Aside Account (MSA) after previously agreeing to third-party administration by Bridge Pointe/NuQuest. The Appeals Board granted reconsideration, rescinded the prior order, and returned the matter to the trial level. The Board found that the trial judge needs to review the original agreement to determine if it allows for a change of administration or if applicant has contractual rights to pursue this. Further proceedings will assess applicant's competency for self-administration and any opposition from the defendant.

Medical Set-Aside AccountMSAPetition for ReconsiderationJoint Findings and OrderMedical Set-Aside Account administrationself-administrationBridge PointeNuQuestState Compensation Insurance FundCompromise and Release Agreement
References
Case No. ADJ10750412
Regular
Jan 05, 2018

CAMERON DRISCOLL vs. VICTOR TREATMENT CENTERS, ATHENS ADMINISTRATORS

This case involves a defendant's petition for removal of an order changing venue to Redding. The Workers' Compensation Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board adopted the Judge's report, which concluded that the venue change to Redding was proper, considering the applicant's residence and the significant hardship to the applicant if forced to litigate in Sacramento. The inconvenience to the defendant was deemed outweighed by the applicant's circumstances.

Petition for RemovalOrder Changing VenueWorkers' Compensation Appeals BoardAdministrative Law Judgesubstantial prejudiceirreparable harmreconsiderationVictor Treatment CentersAthens AdministratorsCameron Driscoll
References
Case No. ADJ9945229
Regular
Feb 20, 2018

THERESA HAVENS vs. KAISER PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an Order for Costs, which directed the defendant to pay $\$500.00$ for a deposition. The Board found that an Order for Costs constitutes a "final" order as it determines a substantive liability for the defendant. Therefore, reconsideration was the appropriate remedy, and the case was returned to the trial level for further proceedings.

Petition for ReconsiderationOrder for CostsRescinded OrderTrial LevelWCJ ReportAdministrative Law JudgeFinal OrderSubstantive LiabilityThreshold IssueInterlocutory Orders
References
Case No. ADJ7390255
Regular
Jan 03, 2023

DARNELLA SCOTT STREET vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing a lien claim for an H-Wave machine. The applicant found more relief with the H-Wave than a TENS unit. The Agreed Medical Examiner opined that while not convinced the H-Wave was superior to other inferential stimulation units, it was superior to a TENS unit. The WCAB found the lien claimant met its burden of proof regarding the medical necessity of the H-Wave.

Workers' Compensation Appeals BoardSan Francisco Bay Area Rapid Transit DistrictAthens AdministratorsPetition for ReconsiderationWorkers' Compensation Administrative Law Judgesubstantial evidenceElectronic Waveform LabsH-WaveTENS unitinferential stimulation unit
References
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