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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ7785251
Regular
Nov 14, 2014

Jon Brothers vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, COASTAL/NORTH REGION; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's cumulative trauma orthopedic injury claim is still under development. The Board agreed with the WCJ that the defense's medical expert, Dr. Baldwin, failed to provide substantial medical evidence due to a misunderstanding of cumulative trauma principles. Dr. Baldwin improperly required documented prior specific injuries to opine on cumulative trauma, thereby failing to adequately assess the applicant's extensive work history. Therefore, the case is affirmed except for the amendment of a finding of fact to reflect that the orthopedic injury claim is contested and requires further medical evaluation.

Cumulative traumaQualified Medical EvaluatorIndependent Medical Evaluatorsubstantial medical evidenceorthopedic injurybinaural hearing losscardiovascular systemBattalion Chiefretired annuitantorthopedic cumulative trauma
References
Case No. ADJ10007434
Regular
Sep 23, 2016

RUSSELL RASMUSSEN vs. CITY OF PETALUMA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns a firefighter's claim for a carotid pseudoaneurysm, which the original judge found work-related based on a QME's opinion. The employer sought reconsideration, arguing the QME's opinion lacked substantial evidence as it was speculative and not based on a history of trauma. The Board granted reconsideration, finding the QME's opinion impermissibly speculative. Ultimately, the Board amended the award to exclude the pseudoaneurysm as an industrial injury, reducing the permanent disability award.

Workers' Compensation Appeals BoardCity of PetalumaRussell RasmussenIndustrial cumulative traumaCardiac palpitationsCarotid pseudoaneurysmBattalion ChiefQualified Medical EvaluatorSubstantial medical evidencePetition for Reconsideration
References
Case No. ADJ13299780; ADJ14625110; ADJ14625129
Regular
Mar 24, 2023

JACK PICCININI vs. CITY OF SEBASTOPOL, CITY OF SANTA ROSA

The Workers' Compensation Appeals Board denied the City of Sebastopol's petition for reconsideration. The City argued the applicant sustained two separate cumulative trauma injuries, one with each employer, and that the injury should be broken into multiple incidents. The Board adopted the WCJ's report, which found a single cumulative injury due to concurrent employment, with apportionment of disability among the employers to be addressed separately. The WCJ noted that further development of the record is needed to establish the date of injury and assess liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationVolunteer Fire CaptainFire Battalion ChiefNeck injuryCumulative traumaSpecific injuryAgreed Medical EvaluatorApportionmentConcurrent employment
References
Case No. ADJ13806639
Regular
Oct 06, 2025

PATRICIA OROZCO vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, PROCENTURY INSURANCE COMPANY

Lien claimant Kenneth R. Mackie, applicant's former attorney, sought reconsideration of an order that reimbursed him for vocational expert evaluation costs but deferred penalties. The Appeals Board granted the petition for reconsideration, finding that Labor Code section 4622(a) was not applicable to the lien claimant. The Board affirmed the WCJ's amended order, but further amended it to defer both interest and penalties until the end of the case in chief.

Petition for ReconsiderationLien ClaimantVocational ExpertReimbursement of CostsPenaltiesInterestLabor Code Section 4622StandingDeferred IssuesDue Process
References
Case No. ADJ8018559
Regular
May 20, 2013

LEIGH RICE vs. REIMERS GIFTS CANDIES, STATE FARM CALIFORNIA WORKERS' COMPENSATION CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to Med-Legal LLC (Petitioner), a lien claimant. The WCAB rescinded an order dismissing Petitioner's lien, finding that Petitioner was denied due process. Specifically, the WCAB determined that the record did not establish that Petitioner received adequate notice that its lien would be adjudicated at the trial for the case-in-chief. The matter was returned to the trial level for further proceedings to properly develop the record and ensure appropriate notice.

ReconsiderationLien DismissalNotice of Intention to Dismiss LienDue ProcessCase-in-ChiefLack of ProsecutionFailure to AppearMandatory Settlement ConferenceDeclaration of Readiness to ProceedWCJ
References
Case No. ADJ7948406
Regular
May 25, 2012

Edwin Mendoza vs. AUTO HAND-WASH

The Appeals Board granted the applicant's petition for removal, ordering that the Labor Code section 132a claim be bifurcated from the main workers' compensation case. The Board found significant prejudice would result from hearing the recently filed 132a claim, which lacked completed discovery, alongside the case in chief. This decision corrects the WCJ's order that would have improperly consolidated these issues. The 132a claim, alleging discriminatory termination, will now be heard separately.

Workers' Compensation Appeals BoardRemovalMandatory Settlement ConferenceLabor Code section 132aPetition for Increased BenefitsCase in ChiefDeclaration of Readiness to ProceedDiscoveryPrejudiceCumulative Trauma Injury
References
Case No. ADJ9625941
Regular
Oct 15, 2015

DANIEL BORGSTROM vs. CALIFORNIA STATE UNIVERSITY CHANNEL ISLANDS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration, as they were taken from non-final interlocutory orders concerning a discovery dispute over deposing the Chief of Police. The applicant's petition for removal was dismissed as moot because the WCJ rescinded the order denying the deposition, thereby allowing it. Finally, the defendant's petition for removal was denied, as they failed to demonstrate substantial prejudice or irreparable harm, and liberal discovery for the fair resolution of cases was favored.

WCABPetition for ReconsiderationPetition for RemovalOrder RescindingDepositionChief of PoliceDiscovery DisputeNon-final OrderInterlocutory OrderDue Process
References
Case No. ADJ7852362
Regular
May 21, 2018

JOSEPH HARRIS vs. VISITACION VALLEY COMMUNITY CENTER, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the WCJ's Minute Order, and returned the case to the trial level. The WCJ had taken the matter off calendar and "inferentially dismissed" the lien claim, reasoning it was dismissed when the underlying case was dismissed. The Board found the lien claimant's petition for reconsideration timely and determined that the dismissal of the case-in-chief does not automatically dismiss a properly filed lien claim. Therefore, the lien claimant was denied due process and a fair hearing, and the lien claim remains viable.

Petition for RemovalMinute OrderInferentially DismissedCase-in-ChiefLien ClaimantPetition for ReconsiderationFinal OrderThreshold IssueStatute of LimitationsWCAB Rule 10582.5
References
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