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Case Law Database

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

Case No. ADJ847031
Regular
Dec 10, 2010

CARLOS REYES vs. EL POLLO LOCO, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in the case of Carlos Reyes v. El Pollo Loco and Pacific Compensation Insurance Company. The Board adopted the WCJ's report as the basis for the denial. Additionally, the Board corrected a clerical error in the caption of the September 20, 2010 Findings and Order to accurately reflect the defendant's name as "Pacific Compensation Insurance Company." Therefore, the reconsideration is denied, and the caption is corrected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderClerical ErrorEAMSCaption CorrectionDefendant Name CorrectionIN-HOUSE LITIGATION DEPARTMENTUNIVERSAL ASSIGNED NAME
References
Case No. ADJ9737947
Regular
Apr 15, 2016

DOUGLAS CRINGEAN vs. WARNER BROS. STUDIO FACILITIES, WARNER BROS. WORKERS' COMPENSATION

This Workers' Compensation Appeals Board case, involving Douglas Cringean and Warner Bros. Studio Facilities, concerns a clerical error in a prior decision's caption. The Board's decision served on April 11, 2016, incorrectly stated the caption as "Opinion and Order Granting Petition for Reconsideration." The Board is correcting this to the accurate caption, "Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration." This correction is permissible as clerical errors can be rectified at any time without further proceedings.

Clerical ErrorCaption CorrectionPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardAMENDED captionSupplemental ProceedingsADJ9737947Warner Bros. Studio FacilitiesDouglas Cringean
References
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ15751788
Regular
Jul 18, 2025

OLGA BENITEZ vs. MISSION FOODS, ARCH INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board issued an order on July 18, 2025, to rectify a clerical error in a prior decision dated May 29, 2025, concerning case number ADJ15751788. The error involved the omission of the case number from the caption of the earlier Opinion and Order Granting Petition For Reconsideration and Decision After Reconsideration. The Board clarified that this correction was made without the need for granting reconsideration, citing that such errors can be corrected at any time. Additionally, an earlier Petition for Removal, related to the same parties, was dismissed on May 29, 2025, subsequent to its withdrawal by the petitioner.

Workers' Compensation Appeals BoardClerical ErrorOpinion and OrderCase NumberPetition for ReconsiderationPetition for RemovalAdjudication NumberGallagher Bassett ServicesArch Indemnity InsuranceMission Foods
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 11, 2013

ROBERT HUFF vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's decision regarding applicant Robert Huff's workers' compensation claim against the California Department of Corrections. The Board amended the findings to deny temporary total disability benefits for the period December 9, 2009, to March 7, 2011, as the applicant had exhausted his 104-week limit. The Board also deferred the issues of permanent disability and attorney's fees, remanding the matter for a new rating based on the orthopedic Agreed Medical Evaluator's March 5, 2012 report, while affirming the rejection of the psychiatric AME's apportionment. Finally, the Board corrected a clerical error regarding the weekly rate for permanent disability benefits.

WORKERS' COMPENSATION APPEALS BOARDROBERT HUFFCALIFORNIA DEPARTMENT OF CORRECTIONSPermissibly UninsuredSTATE COMPENSATION INSURANCE FUNDOpinion and Decision After ReconsiderationFindings of Fact Award and OpinionWCJAgreed Medical EvaluatorsAME
References
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
Case No. ADJ6921831, ADJ9093989
Regular
May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This order denies Kischa Loving's petition for reconsideration in two workers' compensation cases against the California Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board adopted the reasoning of the administrative law judge's report. No new evidence or arguments were presented to warrant overturning the original decision. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCalifornia Department of Corrections and RehabilitationVentura Youth Correctional FacilityState Compensation Insurance Fundadministrative law judgedenial of reconsiderationADJ6921831ADJ9093989
References
Case No. ADJ9217154
Regular
May 25, 2016

Dave Tamplen vs. State of California Department of Corrections

This case involves a State Corrections Officer who claimed psychological and cardiac injury due to cumulative work stress. The defendant employer argued for dismissal due to the applicant's failure to appear at trial, claiming a due process violation and lack of necessary foundational evidence for medical reports. However, the Appeals Board affirmed the original findings, holding that the employer's failure to comply with discovery rules and subpoena the applicant precluded their due process argument. The Board also found substantial medical evidence, including Agreed Medical Evaluator reports and the applicant's deposition, supported the injury findings, the cumulative injury period, and rejected the employer's defense that the injury was substantially caused by a good faith personnel action.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCorrections OfficerCorrections CounselorPsycheHeart InjuryCirculatory SystemCumulative InjuryStatute of Limitations
References
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