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

Case No. ADJ602790 (STK 0179563)
Regular
Jul 17, 2012

TRACEE MAWYER vs. GALLO GLASS COMPANY

This case involves Tracee Mawyer's workers' compensation claim against Gallo Glass Company for cumulative trauma injuries. The Appeals Board granted reconsideration, reversing the trial judge's denial of injury to applicant's bilateral upper extremities, specifically carpal tunnel syndrome. The Board found Dr. Clayman's reports sufficiently supported an industrial injury to the upper extremities and awarded additional temporary disability for the period following carpal tunnel surgery. The case was returned for a new permanent disability rating for the upper extremity injuries.

Cumulative traumabilateral upper extremitiescarpal tunnel release surgerytemporary disabilitypermanent disability ratingreconsiderationDr. Claymanneck injuryshoulder injuryspine injury
References
0
Case No. MISSING
Regular Panel Decision

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. ADJ6705178
Regular
Aug 07, 2014

JOSE MORALES vs. PAYLESS SHOESOURCE, INC., administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed defendant Payless Shoesource's petition for reconsideration because it was filed untimely. The defendant sought to challenge the finding of industrial injury to the applicant's bilateral lower extremities and right upper extremity. The petition was filed 29 days after the August 7, 2014 Opinion and Decision, exceeding the jurisdictional 25-day deadline for reconsideration. Even if timely, the Board indicated it would have been denied on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order Dismissing PetitionIndustrial InjuryBilateral Lower ExtremitiesRight Upper ExtremityLabor Code Section 3600(a)(10)Post Termination DefenseUntimely PetitionJurisdictional Deadline
References
4
Case No. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
5
Case No. ADJ8415183
Regular
Apr 27, 2015

TIM HAGER vs. COUNTY OF SANTA CLARA CENTRAL FIRE DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to correct a technical rating error in the applicant's permanent disability award. The Board affirmed the original finding that the applicant, a firefighter, sustained industrial injuries to his bilateral upper extremities and heart. However, the permanent disability rating was adjusted from 71% to 70% due to the correction of a specific rating modifier. The Board also found that the orthopedic Agreed Medical Evaluator's use of grip loss to rate the applicant's upper extremity impairment was supported by substantial evidence.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityFirefighterBilateral Upper ExtremitiesHeart HypertensionAgreed Medical Evaluator (AME)Orthopedic AMEInternal Medicine AME
References
5
Case No. VNO 0474985, VNO 0509055, VNO 0509563
Regular
Sep 18, 2007

RENEE BARCELON vs. PAYLESS SHOE SOURCE

The Workers' Compensation Appeals Board granted reconsideration to amend the temporary disability period, finding applicant totally temporarily disabled from June 21, 2003, through January 11, 2006, based on Dr. Perelman's opinion. This decision affirmed the WCJ's findings regarding industrial injuries to the applicant's right wrist, bilateral shoulders, bilateral upper extremities, neck, and back. The Board also affirmed the need for future medical treatment and the permanent disability award, while modifying the temporary disability end date.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationJoint Findings and AwardJoint Opinion on DecisionPrimary Treating PhysicianPermanent and Stationary DateTemporary Total DisabilityPermanent DisabilityMedical EvidenceWork Restrictions
References
1
Case No. VNO 0506664 VNO 0506924
Regular
Nov 06, 2007

MICHAEL SOUTH vs. CITY OF GROVER BEACH, CITY OF ATASCADERO

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition regarding two industrial injuries: irritable bowel syndrome and bilateral upper extremity injuries. While the Board noted the petition was timely filed, it adopted the WCJ's report which found no permanent disability for the irritable bowel syndrome based on the treating doctor's opinion. The Board also upheld the use of the 2005 Permanent Disability Rating Schedule for the upper extremity injury, as the applicant's medical reports predating January 1, 2005, did not establish permanent and stationary status or permanent disability.

Workers' Compensation Appeals BoardReconsideration DeniedIrritable Bowel SyndromeBilateral Medial EpicondylitisBilateral Cubital Tunnel SyndromePolice OfficerPermissibly Self-InsuredJoint PetitionTimely FiledPermanent Disability Rating Schedule
References
0
Case No. CV-24-0615
Regular Panel Decision
Feb 11, 2026

In the Matter of the Claim of Nadine Jackson

Claimant Nadine Jackson established a workers' compensation claim in 2011 for bilateral carpal tunnel syndrome, later amended and classified as a permanent partial disability. After her wage loss benefits ended in June 2022, she applied for an extreme hardship redetermination under Workers' Compensation Law § 35 (3), which was denied as untimely by a Workers' Compensation Law Judge. The Workers' Compensation Board affirmed this denial and separately denied her application to reopen or rehear her claim. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening/rehearing request due to lack of specific evidence and upholding the untimeliness of the extreme hardship application, as it was filed outside the statutory one-year period.

Workers' CompensationExtreme HardshipRedeterminationTimelinessPermanent Partial DisabilityLoss of Wage-Earning CapacityReopening ClaimRehearingAppellate ReviewAdministrative Appeal
References
8
Case No. ADJ3458168 (OAK 0347004)
Regular
Dec 09, 2011

JOSEPH BULGO vs. ALCATEL-LUCENT, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.

ALCATEL-LUCENTLIBERTY MUTUAL INSURANCE COMPANYWORKERS' COMPENSATION APPEALS BOARDFINDINGS AND AWARDRECONSIDERATIONPERMANENT DISABILITYBILATERAL UPPER EXTREMITIESCERVICAL SPINELABOR CODE SECTION 4658(d)LIFE PENSION
References
2
Case No. GRO 0029797
Regular
Dec 21, 2007

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration to further develop the medical record regarding applicant's headaches. While the applicant's injury to her neck and right shoulder was affirmed, the WCJ's denial of injury to bilateral upper extremities and headaches was modified. The case is remanded for further proceedings specifically on the industrial causation of the applicant's headaches.

Workers' Compensation Appeals BoardMarlena MooreAlbertsonsSpecialty Risk ServicesGRO 0029797Opinion and Order Granting ReconsiderationIndustrial InjuryNeck InjuryRight Shoulder InjuryBilateral Upper Extremities
References
4
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