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

Case No. ADJ7174740, ADJ7174737
Regular
Jun 21, 2012

CAROLYN BLACKLEDGE vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal concerning cases ADJ7174740 and ADJ7174737. The administrative law judge confirmed that the disputes between Carolyn Blackledge and the Los Angeles County Office of Education had been resolved through approved Stipulated Awards. Consequently, the Petition for Removal became moot. The Board formally dismissed the petition as a result of the settlement.

Petition for RemovalStipulated AwardsMoot PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJADJ7174740ADJ7174737Los Angeles County Office of Education
References
Case No. ADJ9787224, ADJ10307321
Regular
Jul 02, 2019

CAROLYN LANGLEY vs. 101 CASINO, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior award of permanent and total disability for Carolyn Langley against 101 Casino. The Board found the PQME's opinion substantial evidence supporting a combined award for two distinct industrial injuries because the physician could not reasonably apportion permanent disability between them. This conclusion aligns with case law allowing combined awards in limited circumstances where apportionment is medically speculative. The Board also found the WCJ correctly applied apportionment for a prior specific injury to the current cumulative trauma award.

Workers' Compensation Appeals BoardCarolyn Langley101 CasinoMitsui Sumitomo Marine ManagementADJ9787224ADJ10307321ReconsiderationJoint Findings and AwardCasino Card DealerIndustrial Injury
References
Case No. ADJ10729290 ADJ10729295
Regular
Jul 14, 2017

CAROLYN PATTON vs. VCA ANTECH, INC., HARTFORD ACCIDENTAL AND INDEMNITY COMPANY

The Applicant, Carolyn Patton, filed workers' compensation claims against VCA Antech, Inc. The Defendant sought to remove venue from Van Nuys to Oakland, alleging prejudice from appearing in Van Nuys. The Workers' Compensation Judge (WCJ) subsequently granted the change of venue to Oakland. As the requested relief of venue transfer was granted and a status conference was held, the Board dismissed the Defendant's Petition for Removal.

Petition for RemovalVenue TransferVan Nuys District OfficeOaklandWCJ OrderStatus ConferenceDismissed PetitionIrreparable HarmPrejudiceWorkers' Compensation Appeals Board
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ7845799, ADJ7931182
Regular
Jan 04, 2017

GARRY DAWSON vs. COUNTY OF LOS ANGELES

This case involves a Petition for Reconsideration by the defendant, the County of Los Angeles, challenging the admission of an Agreed Medical Examiner's (AME) report. The Workers' Compensation Appeals Board denied the petition, finding that the defendant waived any objection to the report and the communication of non-medical information to the AME. The Board specifically rejected the defendant's argument that the AME's report was improper based on *Blackledge v. Bank of America*. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Examiner (AME)Disability Evaluation Unit (DEU)consultative ratingex parte communicationwaived objectionsLabor Code section 4062.3Rule 35Joint Exhibit
References
Case No. ADJ10725180 ADJ11229196
Regular
Aug 08, 2018

JOAQUIN ROSALES vs. SWANSON FAHRNEY FORD, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 8% permanent disability for the applicant's left elbow injury. The award was based on a panel QME's opinion that, while no scheduled impairment existed under the AMA Guides, other factors like constant pain, loss of strength, grasping difficulty, and tendon tears justified a rating under Table 13-22 and *Guzman*. The Board found Dr. Tabaddor's rationale sufficiently supported the impairment rating, distinguishing it from the "add-on" pain provisions addressed in *Blackledge*.

ADJ10725180ADJ11229196lateral epicondylitisAMA Guidespermanent disability ratingpanel qualified medical evaluatorKhosrow TabaddorMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)scheduled impairmentwhole person impairment
References
Case No. ADJ360205 (LBO 0384980)
Regular
Aug 05, 2010

Gurdev Malhotra vs. STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES FAIRVIEW; Legally Uninsured, CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's advisory opinion concerning permanent disability rating for grip loss. Defendant argued the WCJ erred by allowing rating for grip loss when range of motion was present, and that the QME's reports did not support grip loss rating. The Board rescinded the WCJ's findings, remanding the case for further proceedings to ensure the WCJ follows the established process for issuing rating instructions based on substantial medical evidence, as clarified in *Blackledge v. Bank of America*. The ultimate determination of permanent disability requires a proper QME opinion and subsequent rating instructions from the WCJ.

Workers' Compensation Appeals BoardGurdev MalhotraState of California Department of Developmental ServicesLegally UninsuredContract ServicesPermanent Disability RatingGrip LossAMA GuidesQualified Medical EvaluatorQME
References
Case No. ADJ9376675
Regular
Oct 20, 2015

JESSICA FIELD vs. INGLEWOOD POLICE DEPARTMENT, ADMINSURE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged the permanent disability rating, arguing the DRE method, rather than the ROM method, was improperly applied by the QME. The Board adopted the WCJ's report, which found the QME's reliance on the DRE method, specifically Category IV, was supported by substantial medical evidence and properly applied under the AMA Guides, Fifth Edition. The defendant's contention that the rating was invalid under *Blackledge* was also rejected, as the QME report met legal and regulatory requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationDENIEDINGLEWOOD POLICE DEPARTMENTADMINSUREPermanent DisabilityAMA Guides Fifth EditionDRE MethodLumbar Spine Category IVwhole person impairment
References
Case No. ADJ8211340 (MF), ADJ1594154 (LBO 0389043), ADJ562819 (LBO 0391438)
Regular
Sep 14, 2018

CAROLYN DAVIS vs. LONG BEACH TRANSIT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award to applicant Carolyn Davis concerning cumulative and specific injuries sustained as a bus driver. Applicant contended the WCJ erred in apportioning permanent disability. The parties subsequently entered a partial compromise and release agreement, where applicant released all claims except future medical treatment for $49,743.25, after credits and attorney fees. The WCAB approved the settlement as adequate and in applicant's best interest, modifying the prior award to reflect only the ongoing liability for further medical treatment.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardAdministrative Law JudgeLumbar SpinePsyche InjuryCumulative PeriodPermanent Partial DisabilityApportionmentFurther Medical Treatment
References
Case No. ADJ3438054
Regular
Jul 08, 2013

CAROLYN WILLIAMS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves Carolyn Williams' petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) found Williams incurred an industrial injury resulting in 57% permanent disability, calculated using the 2005 Permanent Disability Rating Schedule (PDRS). Williams argued she rebutted the PDRS's diminished future earning capacity (DFEC) adjustment with vocational expert testimony. However, the Appeals Board denied reconsideration, finding her expert's report less persuasive than the defendant's, as it focused on labor market access rather than DFEC and relied on inaccurate assumptions.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleDiminished Future Earning CapacityOgilvie v. City and County of San FranciscoAgreed Medical ExaminerVocational ExpertRebuttalSubstantial EvidenceFindings Award and OrderPetition for Reconsideration
References
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