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

Case No. ADJ4317262 (ANA 0327568)
Regular
Apr 13, 2009

JOSE GONZALEZ vs. BURR ROOFING, INC., SCIF INSURED SANTA ANA

The applicant sought reconsideration of a workers' compensation award, primarily arguing the permanent disability rating undervalued his urological condition and the WCJ erred in not crediting vocational rehabilitation expert opinion. The Appeals Board granted reconsideration solely to award additional attorney fees for temporary disability benefits. While the majority affirmed the WCJ's original findings on permanent disability, a dissenting commissioner argued the urological condition was significantly underestimated and requested a new rating.

Workers Compensation Appeals BoardJose GonzalezBurr RoofingSCIF Insured Santa Anapermanent disabilityapportionmentrooferupper back injurymid back injurylow back injury
References
Case No. MON 0320089 MON 0297024
Regular
Oct 24, 2007

, \DONALD LEE (Deceased), CARRIE LEE (Widow)\, Carrie Lee vs. NORRIS INDUSTRIES, Permissibly SelfInsured, Administered by S.R.S.; THE TRAVELERS; CALIFORNIA CASUALTY INSURANCE COMPANY

This case involves a widow's petition for reconsideration of a finding that her deceased husband's death was not industrially caused by bladder/urological issues. The applicant argued she was denied due process due to new evidence presented at the final hearing, requesting the record be reopened. The majority denied the petition, adopting the WCJ's report. However, one commissioner dissented, believing the applicant should have had the opportunity for further discovery based on changed testimony from a defendant's witness and newly presented information.

Workers' Compensation Appeals BoardDonald LeeCarrie LeeNorris IndustriesThe TravelersCalifornia Casualty Insurance CompanyPetition for ReconsiderationJoint Findings and OrdersIndustrial InjuryBladder
References
Case No. ADJ8734182
Regular
Dec 17, 2018

JONATHAN MCINTYRE vs. COUNTY OF SAN DIEGO

This case involves an applicant, Jonathan McIntyre, a deputy sheriff, claiming bladder cancer as a work-related injury. The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision, finding that the medical evidence regarding the latency period of the applicant's bladder cancer was insufficient. The WCAB determined further development of the medical record is required to accurately assess when the cancer "developed" and "manifested" relative to the statutory presumption period. Therefore, the case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardDeputy SheriffBladder CancerLabor Code section 3212.1Presumption of CompensabilityLatency PeriodAgreed Medical EvaluatorManifestation of DiseaseDevelopment of CancerStatutory Presumption
References
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ1651527 (SBR 0314707)
Regular
Apr 11, 2023

TERRI GLASGOW vs. MASSIE DIAGNOSTIC IMAGING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award, rescinded the award, and returned the case to the trial level for further proceedings. The applicant contended the judge failed to rate her bladder injury and ignored vocational expert opinions. The WCAB agreed that the judge improperly applied the pyramiding principles to rate the bladder and lumbar injuries and misapplied case law regarding the consideration of medical and vocational expert opinions. Additionally, the WCAB noted the decision lacked sufficient detail regarding the basis for the overall permanent disability rating.

Petition for ReconsiderationFindings and AwardPermanent Disability RatingBladder InjuryUrinary Stress IncontinenceSacral NeuropathyLumbar Spine InjuryPyramiding PrincipleMultiple Disabilities TableApportionment
References
Case No. ADJ9053858, ADJ9053853
Regular
Dec 08, 2016

TONY PAEZ vs. SAN FRANCISCO CHRONICLE, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, overturning the WCJ's prior decision. The WCAB found that the applicant did sustain bladder cancer and a psychiatric injury arising out of and in the course of employment due to exposure to newspaper ink. This finding was primarily based on the consistent medical opinions of the Agreed Medical Examiner in internal medicine. Consequently, the applicant is entitled to ongoing medical treatment, with issues of permanent disability, apportionment, and the EDD lien deferred.

Agreed Medical Examiner (AME)internal system injurybladder cancerpsychiatric injurycumulative traumaarising out of and occurring in the course of employment (AOE/COE)medical probabilitycarcinogenMSDSprinting ink
References
Case No. ADJ10908468
Regular
Jun 30, 2025

DANIEL DORIS vs. DBI BEVERAGES, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

Defendant filed a Petition for Reconsideration of a Findings and Award, challenging the deferral of issues regarding catastrophic injury and vocational expert fees. The Appeals Board, treating the petition under a removal standard despite a final order, agreed with the WCJ that the record was incomplete concerning applicant's work restrictions and vocational feasibility, thus requiring further development. Concluding that the defendant failed to establish substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse final decision ultimately issues, the Board denied the Petition for Reconsideration.

Petition for ReconsiderationFindings and AwardCervical spineLumbar spinePsychUpper extremitiesLower extremitiesBowelBladderApportionment
References
Case No. ADJ6991789
Regular
Oct 19, 2010

BONNIE MCCLINTIC vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration regarding a finding that the applicant did not sustain an industrial injury. The applicant's own petition for reconsideration, arguing the evidence supported her claim of injury to her psyche, low back, neck, and jaw, was denied. The Board granted the applicant's request to file supplemental petitions in response to the proceedings. The defendant's initial petition was dismissed because they withdrew it.

Workers' Compensation Appeals BoardDepartment of Motor VehiclesState Compensation Insurance FundFindings of FactPetition for ReconsiderationSupplemental PetitionWCJ ReportApplicantDefendantIndustrial Injury
References
Case No. ADJ1607469
Regular
Feb 01, 2010

CHRISTOPHER MELENDEZ vs. SALEM EQUIPMENT COMPANY, WAUSAU INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a previous decision awarding penalties and attorney's fees. The Board found issues with the original WCJ's findings regarding the scope of injury, self-procured treatment costs, and penalty calculation for delayed medical treatment. The case is returned to the trial level for further proceedings and a new decision by the WCJ. The WCAB expressed no opinion on the merits of the issues raised in the petitions for reconsideration.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryContracturesHydrocephalusHemiplegiaPneumoniaDecubitus UlcerationsNeurogenic BladderRenal Failure
References
Case No. ADJ1471935 (LAO 0872244)
Regular
Mar 26, 2014

JESUS RIOS vs. BRYAN JONES dba THE K GROUP, TOKIO MARINE, UNISURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine the admissibility of evidence obtained after the Mandatory Settlement Conference (MSC). The applicant sought to introduce supplemental medical reports from previously seen physicians and reports from new medical and vocational experts, arguing his condition worsened and the existing record was inadequate. The WCAB held that supplemental reports from the applicant's original physicians were admissible under Labor Code section 5502(d)(3) due to a changed condition, but reports from newly disclosed physicians and vocational experts were not. The majority affirmed the WCJ's decision to exclude the latter evidence, finding the applicant failed to demonstrate good cause or due diligence in obtaining it prior to the MSC.

Mandatory Settlement Conferencediscovery closurereopen recordsupplemental medical reportsvocational expertdue diligencegood causepermanent and stationaryAMA Guidesloss of earnings capacity
References
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