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

Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
Case No. ADJ12080314
Regular
Aug 26, 2019

VICTORIA TRUJILLO vs. CHEVRON, BROADSPIRE

Applicant seeks reconsideration of an order approving a compromise and release for $\$ 25,000.00$ for bilateral wrist, hand, and finger injuries. Applicant contends the settlement was underpaid and did not reflect the negotiated agreement. The Appeals Board dismissed the petition for reconsideration as premature because no evidence was presented to support the applicant's claims regarding the payment dispute. The matter is remanded for a hearing to create a record for the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and Releasebilateral wristsbilateral handsbilateral fingersbusiness analystlump sum paymentnegotiated settlement agreementunderpaid settlement proceeds
References
Case No. ADJ14263093
Regular
Apr 12, 2023

CECILIA OJEDA vs. AMY'S KITCHEN, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Here's a summary of the case for a lawyer: The applicant claimed cumulative injury to her neck, bilateral wrists, shoulders, and upper extremities, which the employer initially denied for all body parts except the neck. The WCJ found injury to all claimed body parts, relying on treating physicians' reports, and found the QME's reports unsubstantial due to inconsistencies and admissions of uncertainty during deposition. The defendant sought reconsideration, arguing the QME's opinion was substantial evidence regarding injured body parts and permanent disability. The Appeals Board denied reconsideration, adopting the WCJ's reasoning that the QME's testimony was too speculative and contradictory to constitute substantial evidence for the disputed body parts.

AOE/COEPetition for ReconsiderationFindings and AwardOrthopedic Qualified Medical Examiner (QME)Substantial EvidenceCumulative InjuryBilateral WristsBilateral ShouldersBilateral Upper ExtremitiesCervical Radiculopathy
References
Case No. ADJ3496977 (AHM 0123782) ADJ4522580 (AHM 0123784) ADJ285268 (AHM 0123786) ADJ3502821 (AHM 0123784)
Regular
May 24, 2010

CARL DIXON vs. PHILLIPS BUICK, PONTIAC & MAZDA, CLARENDON NATIONAL INSURANCE COMPANY, SECURITY INSURANCE COMPANY

The Appeals Board granted reconsideration sua sponte due to the WCJ's failure to make an express finding on the date of injury in one case and contradictory findings in others despite party stipulations. The Board also rescinded the decision concerning utilization review as it conflicted with current case law. Due to significant procedural and substantive defects in the applicant's petition, including improper filing and a non-attorney preparing the document without disclosure, the Board is providing notice of its intention to impose sanctions on applicant's counsel. The matters are returned to the trial level for further proceedings and decision.

WCABReconsiderationJoint Findings Award and OrderBody shop technicianIndustrial injuryLow backLeft shoulderBilateral wristsBilateral handsPetition for reconsideration
References
Case No. ADJ469779 (RIV 0067408)
Regular
Apr 13, 2009

REGINALD LESLIE, JR. vs. SUN BOSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended the original award to include injury to the applicant's low back and bilateral wrists, correcting a clerical error based on prior stipulations. The Board affirmed the original temporary disability award, finding the applicant's medical evidence for continuing disability lacked substantial evidence. New evidence from Dr. Kessler was deemed insufficient to warrant a change in the original decision. Therefore, the original award was affirmed with the corrected finding of injury to the low back and wrists.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryBilateral ShouldersNeckHeadClosed Head InjuryJaw and TeethLumbar Spine
References
Case No. ADJ4430701 (EUR 0038510)
Regular
Nov 25, 2008

Darron D. Dunlap vs. THE PACIFIC LUMBER COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the applicant sustained cumulative trauma injury to his bilateral elbows and claimed cumulative injury to his wrists. The Board found that medical evidence supported a cumulative injury rather than the previously determined specific injury. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompensable Cumulative TraumaSpecific InjuryBilateral ElbowsBilateral WristsCarpal Tunnel SyndromeCubital Tunnel Syndrome
References
Case No. ADJ10829802
Regular
Apr 26, 2019

Antonio Corona vs. Custom Pipe & Coupling Company, Inc., The Hartford, Insurance Company of the West

The Workers' Compensation Appeals Board granted reconsideration to clarify findings regarding applicant Antonio Corona's industrial injury. The Board substituted new findings, confirming injury to his thoracic spine, lumbar spine, left shoulder, bilateral wrists, bilateral hands, and left knee, and held the claim was not barred by the post-termination defense. The Board awarded temporary total disability from April 25, 2017, through June 8, 2017, and permanent disability at 18%, returning the matter to the trial level to resolve issues of average weekly wage, additional temporary disability periods, and an EDD lien. The Board adopted the WCJ's report, particularly regarding the credibility of the applicant's treating physician and the absence of substantial evidence to support the defense's arguments.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMachine OperatorThoracic Spine InjuryLumbar Spine InjuryLeft Shoulder InjuryBilateral Wrists InjuryBilateral Hands InjuryLeft Knee Injury
References
Case No. ADJ3745700 (OXN 0128625), APJ6812951
Regular
Dec 24, 2012

PAUL HARBER vs. PGP INC; CNA INSURANCE COMPANY; VARGAS EXCAVATING INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of the original award, which found industrial injury but denied reimbursement for self-procured medical treatment. The Board found the applicant's petition for reconsideration was timely filed. The Board amended the award to defer the issue of reimbursement for self-procured medical treatment expenses and returned the matter to the trial level for further proceedings. Otherwise, the original award finding industrial injury to the applicant's bilateral wrists, elbows, cervical spine, and lumbar spine was affirmed.

Workers' Compensation Appeals BoardReconsiderationJoint Findings Award OrderAdministrative Law JudgeCumulative Trauma InjuryIndustrial InjuryBilateral WristsBilateral ElbowsCervical SpineLumbar Spine
References
Case No. ADJ10968178
Regular
May 24, 2019

MIRNA GUERRA vs. KENNERLEY SPRATLING, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding applicant sustained bilateral wrist and hand injury AOE/COE. The WCAB found that neither the applicant's treating physician, Dr. Mirza, nor the defense qualified medical examiner, Dr. Roth, provided substantial medical evidence. Dr. Roth's report failed to address aggravation of any pre-existing condition by the applicant's work duties. Dr. Mirza's reports suffered from inconsistencies, inadequate medical history, and lack of reasoning. Therefore, the WCAB rescinded the award and returned the case to the WCJ for further record development.

AOE/COEPetition for ReconsiderationFindings of FactAward and OrderWCJbilateral wristsbilateral handscumulative traumaprimary treating physicianqualified medical examiner
References
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