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

Case No. ADJ8251949
Regular
Jun 18, 2014

CLIDA SOLORIO vs. CARL'S JR., TRAVELERS PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in the case of *Solorio v. Carl's Jr.* The WCAB adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ) and gave significant weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ8251949Carl's Jr.Travelers Property and CasualtySolorioadministrative law judge
References
Case No. ADJ580842 (LAO 0840341)
Regular
Dec 06, 2010

JAVIER FELIX vs. CARL KARCHER ENTERPRISES/CARL'S JUNIOR, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. The Board found the trial judge did not fully apply the *Rolda* standard when determining if the applicant's psychiatric injury was predominantly caused by lawful, good faith personnel actions. Both parties will have an opportunity to further develop the record on the psychiatric injury causation and the defendant's QME will be allowed to supplement their report. The Board did not address the applicant's claim of a gastrointestinal injury, finding no error in the WCJ's initial determination on that issue.

Workers' Compensation Appeals BoardJavier FelixCarl Karcher EnterprisesSt. Paul Travelerscumulative traumapsyche injuryshouldersheadachesgastrointestinal injurygood faith personnel action
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ3615708 (BAK 0147668) ADJ2881957 (BAK 0147353) ADJ1664277 (BAK 0147354)
Regular
Oct 27, 2015

FRANCISCO JAVIER CASILLAS vs. SAN JOAQUIN VALLEY TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision, arguing that a key psychiatric AME report was unreliable and that the WCJ failed to address this in the opinion. The WCAB denied the reconsideration, finding that the WCJ properly relied on the reports of a different psychiatric AME, thus rendering the applicant's argument regarding the disputed report irrelevant. However, the WCAB granted reconsideration on its own motion to correct clerical errors in the original decision identified by the parties. The matter was then remanded to the WCJ to reissue a corrected decision.

California Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Awards and OrdersAgreed Medical Evaluator (AME)Dr. John StalbergDr. Carl Marusaksubstantial medical evidencepsychiatric claimspermanent disabilitylabor code section 132a
References
Case No. SJO 209245, SJO 240310
Regular
Feb 25, 2008

CARL TARANTO vs. EMERY WORLDWIDE FREIGHT CORP., GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for recalculation of permanent disability. Both applicant and defendant appealed the original decision, raising issues regarding the application of apportionment under Labor Code sections 4663 and 4664 and the calculation of permanent disability based on prior injuries. The Board found that the defendant must prove overlap between prior and current permanent disability rather than receiving an automatic deduction.

Workers' Compensation Appeals BoardEmery Worldwide Freight Corp.Gallagher BassettCarl Tarantoindustrial injuryheadachescervical spinelumbar spineright hippermanently disability rating
References
Case No. ADJ7598238
Regular
Apr 02, 2013

VICTOR GALVAN vs. CARL'S JR.; TRAVELERS INSURANCE COMPANY; JDC FOODS dba JACK-IN-THE-BOX, permissibly self-insured through CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION; AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied Victor Galvan's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found that Galvan failed to meet his burden of proof for industrial causation regarding his alleged injuries. The Board adopted the ALJ's reasoning, which also noted that the petition for reconsideration was untimely filed. Therefore, the Board denied the petition on its merits and on the procedural ground of untimeliness.

Workers Compensation Appeals BoardVictor GalvanCarl's Jr.Travelers Insurance CompanyJDC FoodsJack-in-the-BoxAmerican Claims ManagementPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8470184, ADJ8470181, ADJ8470183
Regular
Dec 30, 2013

JOSE VASQUEZ vs. CARDENAS MARKETS, INC., CARL WARREN & COMPANY

This Workers' Compensation Appeals Board decision grants the applicant's Petition for Reconsideration. The Board affirms the prior award concerning injuries to the right elbow, wrist, hand, nose, and associated sleep loss. However, the Board defers the decision on the applicant's cumulative trauma claim (ADJ8470184) to allow for further development of the medical record. This follows the WCJ's recommendation that additional input from medical experts is needed before a final determination on the cumulative trauma issue.

Workers' Compensation Appeals BoardJose VasquezCardenas MarketsInc.Carl Warren & CompanyADJ8470184ADJ8470181ADJ8470183Joint Findings and AwardWCJ
References
Case No. ADJ9938624
Regular
Dec 19, 2017

VICKIE VALENZUELA vs. CARL WARREN & COMPANY, ONE BEACON INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration, setting aside the prior decision. This action was taken to allow further study of the factual and legal issues to ensure a just and reasoned decision. The WCAB directed all future correspondence regarding the petition to be filed with their San Francisco office, not district offices or via e-filing. The WCJ had previously recommended denying reconsideration, finding the applicant lacked credibility due to undisclosed prior back injuries, which impacted the reliance on her medical history.

Petition for ReconsiderationWorkers' Compensation Appeals BoardValenzuelaCarl Warren & CompanyOne Beacon Insurance GroupADJ9938624San Bernardino District OfficeApplicantDefendantInjury to the back
References
Case No. ADJ9866898
Regular
Sep 28, 2018

MARIA GARIBAY vs. CARL KARCHER ENTERPRISES RESTAURANTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in Maria Garibay's case. The denial was based on the finding that the parties failed to follow the mandatory procedure outlined in Labor Code section 4062.2 for obtaining a medical-legal evaluation. This statute dictates a specific process involving agreement or a QME panel selection, which was not demonstrated to have been followed in this case. Therefore, the petition was denied as the necessary procedural requirements were not met.

Workers' Compensation Appeals BoardLabor Code Section 4062.2Medical-legal evaluationQME panelAgreed medical evaluatorPetition for ReconsiderationDeniedDisputed issueRepresented employeeInjury
References
Case No. ADJ7219831
Regular
Aug 27, 2012

LORENA MARQUEZ vs. CARL'S JR.; TRAVELERS INSURANCE

This case involves a workers' compensation claim for a psychiatric injury sustained by Lorena Marquez while employed as a cashier at Carl's Jr. The applicant sought reconsideration of the denial of temporary disability benefits, arguing she was partially disabled and her resignation was not a voluntary choice. The defendant insurer sought reconsideration regarding their affirmative defense that the injury stemmed from lawful personnel actions, but failed to adequately present this argument. Both petitions for reconsideration were denied, upholding the original award of 23% permanent disability and future medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryTemporary DisabilityPermanent DisabilityPQMELabor Code Section 3208.3(h)Affirmative DefensePersonnel ActionDeemed Denied
References
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