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

Case No. ADJ9298888
Regular
Dec 02, 2016

LUCIO BARAJAS vs. BIG VALLEY LABOR, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board has dismissed a Petition for Reconsideration filed by the applicant, Lucio Barajas, in case ADJ9298888. The petitioner, Barajas, withdrew the petition. Therefore, the Board has formally dismissed it. This action resolves the reconsideration phase of this specific workers' compensation matter.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardBig Valley LaborSedgwick Claims ManagementADJ9298888Fresno District OfficeLucio BarajasApplicant
References
0
Case No. VNO 0500599
Regular
Dec 28, 2007

EDUARDO M. BARAJAS vs. MOUNTAINVIEW CONVALESCENT HOSPITAL

This order dismisses Eduardo M. Barajas's Petition for Reconsideration in his workers' compensation case against Mountainview Convalescent Hospital. The Workers' Compensation Appeals Board adopted the findings of the administrative law judge's report and recommendation. Therefore, the petition for reconsideration is formally dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedReport and RecommendationWCJRecord ReviewConvalescent HospitalAdministrative Law JudgeConcurringSan Francisco
References
0
Case No. ADJ6957361
Regular
Jan 12, 2012

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a petition for reconsideration by Fresno Unified School District regarding a workers' compensation award for Roberto Barajas. The District challenged the permanent disability rating, arguing the Agreed Medical Examiner improperly included grip strength loss alongside range of motion limitations, contrary to AMA Guides guidelines. Additionally, the District contested a 10% penalty for delayed permanent disability advances and sought a reduction in benefits based on an offer of regular work. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's findings on the permanent disability rating by finding the AME appropriately applied *Almaraz/Guzman II* principles for calculating impairment. The Board also upheld the penalty for delayed advances and rejected the District's claim regarding work offer reductions.

Workers' Compensation Appeals BoardFresno Unified School DistrictRoberto BarajasFindings of Fact and Awardpermanent disabilityright wrist injuryright hand injuryright finger injurygroundskeeper/gardenerLabor Code section 4650
References
3
Case No. ADJ9762825
Regular
Feb 29, 2016

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES, CORVEL

This case involves Maria Olga Barajas's workers' compensation claim against Barrett Business Services and Corvel. The applicant was injured on July 20, 2014, and her attempts to change her treating physician within the employer's Medical Provider Network (MPN) were unsuccessful. The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration, upholding the original award. This award allowed the applicant to seek treatment outside the MPN at the defendants' expense due to the failure to facilitate a timely change of physician.

Medical Provider NetworkMPNPetition for ReconsiderationFindings and Awardremovalchange of treating physicianinterim orderLabor Code § 4616.3(b)Title 8Regulations
References
2
Case No. ADJ10902181
Regular
Aug 29, 2018

ARTURO GUARDADO BARAJAS vs. VALMONT INDUSTRIES, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Arturo Guardado Barajas' claim for a right shoulder injury on June 27, 2016, was not barred by the post-termination defense. The Board adopted the findings of the Administrative Law Judge (WCJ) who gave great weight to the applicant's credible testimony. The WCJ found that the employer had sufficient notice of the injury prior to termination, based on the applicant's phone message to his supervisor and his statement to HR. The defense's failure to produce phone records to rebut the applicant's testimony further supported this finding.

WCABPetition for ReconsiderationLabor Code § 3600(a)(10)post-termination defenseAOE/COEcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.Agreed Medical Evaluatornotice of injuryBraewood Convalescent Hospital v. Workers' Comp. Appeals Bd.
References
3
Case No. ADJ9191721, ADJ7337791
Regular
Nov 09, 2017

RICARDO BARAJAS vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

This case concerns a petition for reconsideration by the defendant school district regarding an award to the applicant, Ricardo Barajas. The applicant sustained injuries on October 26, 2012, impacting multiple body parts and resulting in $70\%$ permanent partial disability. The defendant contested the finding that applicant suffered from GERD and that it contributed $25\%$ to his whole person impairment, arguing the medical evidence was insufficient. The Workers' Compensation Appeals Board denied the petition, finding that the QME's reports on GERD, including causation and impairment, constituted substantial evidence. The Board affirmed that the AMA Guides allow for clinical judgment, and Dr. Sherman's opinions were supported by his examination, medical records, and cited research.

Workers' Compensation Appeals BoardRicardo BarajasAntelope Valley Union High School DistrictCORVEL CORPORATIONFindings Award and OrderQualified Medical EvaluatorDr. Shermangastroesophageal reflux diseaseGERDwhole person impairment
References
0
Case No. ADJ3316021 (VNO 0526811)
Regular
Aug 21, 2017

ANTONIO BARAJAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICKI CMS

In *Barajas v. Los Angeles Unified School District*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board adopted the WCJ's reasoning, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm if removal was denied. Furthermore, the Board determined that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Therefore, removal was deemed an inappropriate and extraordinary remedy in this instance.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationadministrative law judgeWCJ reportextraordinary remedyCortéz v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ6779017; ADJ6779034
Regular
Oct 13, 2012

YURI BARAJAS vs. KIMCO STAFFING SERVICES

This case involves a defendant's petition for removal regarding a workers' compensation lien claim. The Appeals Board granted the petition, rescinding a prior order that took issues off calendar. The Board found the administrative law judge erred by bifurcating issues and taking the case off calendar based on dissatisfaction with evidence. The Board emphasized that parties have the burden of proof and should present all necessary evidence at trial for decision. The case is returned to the trial level for a full decision based on submitted evidence.

Workers' Compensation Appeals BoardPetition for RemovalFindings and OrdersWCJlien claimantreasonableness of treatmentnecessity of treatmentMedical Provider Network (MPN)agreed medical evaluator (AME)burden of proof
References
1
Case No. ADJ9318230
Regular
May 11, 2016

BALDEMAR BARAJAS vs. NEWPORTMESA UNIFIED SCHOOL DISTRICT

This case involves an applicant claiming a psychiatric injury stemming from an employer's alleged unfair treatment after his work bus sustained minor damage. The employer argued the resulting written reprimand was a good faith personnel action, but the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB adopted the Judge's report, which found the employer failed to prove the personnel action was undertaken in good faith. The WCAB gave great weight to the Judge's credibility determination of the applicant and found no substantial evidence to overturn it.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Psychiatric InjuryBus DriverNewport-Mesa Unified School DistrictKeenan & AssociatesGood Faith Personnel Action
References
2
Case No. ADJ8035089, ADJ8033530, ADJ8033513
Regular
Jun 27, 2012

Linda Barajas vs. First Group America, Chartis

The Appeals Board overturned a WCJ's denial of reimbursement for a self-procured gym membership. The applicant's claim was in delay status when her physician prescribed the membership, and she notified the adjuster without objection before purchasing it. The Board found the gym membership reasonable and consistent with ACOEM guidelines for shoulder treatment, though limited to six months. Therefore, the applicant is awarded one-half the cost of her 12-month membership as reasonable self-procured medical treatment.

Workers' Compensation Appeals BoardReconsiderationSelf-procured medical treatmentGym membershipTreating physicianDelay statusACOEM guidelinesLabor Code 5402(c)Utilization reviewIndustrial injury
References
0
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