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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ9391561 ADJ8266496
Regular
Apr 12, 2019

HENDRIKUS ANTONIUS BENNINK vs. CITY OF FRESNO

This case involves a police officer claiming industrial injuries to multiple body parts, including orthopedic and digestive systems, in addition to previously resolved cardiovascular and hearing claims. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant did not sustain industrial injuries to his neck, upper extremities, back, legs, or digestive system. This decision was based on substantial evidence from Qualified Medical Examiners (QMEs) who concluded these conditions were degenerative and non-industrial. The WCAB found no error in the QMEs' reasoning or the applicant's failure to prove industrial causation for these specific injuries.

ADJ9391561ADJ8266496Industrial injuryCardiovascular systemHearing lossOrthopedic injuryDigestive systemQMESubstantial evidenceCausation
References
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. ADJ1097551 (FRE 0164588) ADJ1601956 (FRE 0216899)
Regular
Jun 05, 2009

RONNY HENRY vs. CITY OF CLOVIS, legally uninsured, administered by AIMS

This Workers' Compensation Appeals Board decision grants the defendant's petition for reconsideration, partially rescinding a previous award. The Board rescinded temporary total disability benefits for the period after the applicant's Public Employee Retirement System (PERS) disability retirement due to statutory limitations, returning this issue to the trial level for clarification. Additionally, the Board rescinded the finding of injury to the applicant's heart and cardiovascular system, as the medical evidence did not support such a finding despite the presumption of Labor Code section 3212.

Workers Compensation Appeals BoardCity of Clovislegally uninsuredAIMSpolice officerindustrial injuryright legboth feettemporary total disabilitypermanent disability
References
Case No. ADJ6899666 ADJ6899667
Regular
Jan 25, 2016

KIMBERLY CHAMBERS vs. UCLA MEDICAL CENTER, Permissibly SelfInsured, Administered By SEDGWICK CMS

This case concerns an applicant's industrial injury causing cardiovascular and digestive system damage. The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as moot due to the judge's rescission of a prior award. The Board granted the defendant's petition, limiting the applicant's total temporary disability to 104 weeks per Labor Code section 4656(c)(2). The issue of a 15% permanent disability increase under Labor Code section 4658(d)(2) was deferred for further proceedings.

Petition for ReconsiderationDismissalFindings of FactOrder and AwardWCJPhlebotomistIndustrial InjuryCardiovascular SystemTemporary DisabilityPermanent Disability
References
Case No. ADJ3855232 (LAO 0400735)
Regular
Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

This case involves a dispute over the compensability of cardiovascular injury and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following a 1975 industrial injury. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant failed to prove CIDP was work-related but sustained his burden that cardiovascular treatment is a compensable consequence of the industrial injury. The WCAB clarified that enforcing medical treatment for the cardiovascular condition, which arose during authorized back surgery, falls under its continuing jurisdiction, not a prohibited amendment of the original award more than five years post-injury. Medical opinions regarding causation were found to constitute substantial evidence, resolving conflicting expert testimony.

Workers' Compensation Appeals BoardRoberto BarreroKnudsen Dairy CorporationFireman's Fund Insurance CompanyADJ3855232Van Nuys District OfficeOpinion and Decision After ReconsiderationFindings of FactWCJindustrial injury
References
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
Case No. ADJ10733376, ADJ10707736
Regular
Mar 12, 2018

MARILYN BAKER vs. MERCURY INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns an applicant's claim for workers' compensation benefits due to a work-related injury to her cardiovascular system and heart. The defendant sought reconsideration of the initial award, arguing the applicant lacked credibility and the medical evidence was insufficient. The Appeals Board granted reconsideration solely to defer the issue of injury to internal organs for ambiguity. The Board affirmed the original finding of industrial injury to the cardiovascular system and heart, giving great weight to the WCJ's credibility determinations.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardInjury AOE-COECasualty AdjusterCardiovascular SystemHeart InjuryMedical EvidenceCredibility DeterminationTranscript
References
Case No. SFO 0403402, SFO 0461256, SFO 0462349
Regular
Mar 26, 2008

CHARLOTTE E. MIMS-GATEWOOD vs. HELLER, EHRMAN, WHITE & MCAULIFFE, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior dismissal order. While the Board found the applicant's arguments for reconsideration were valid regarding procedural error in the dismissal, they ultimately determined that the applicant failed to demonstrate good cause to avoid dismissal. Therefore, the applicant's three workers' compensation applications have now been dismissed without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissWCJIndustrial InjuryPsycheReproductive SystemRespiratory SystemCardiovascular System
References
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