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

Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ1728771 (LBO 0316743) ADJ1516565 (LBO 0860347)
Regular
Sep 27, 2012

Kay Rodriguez vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of the Applicant's claim. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found that the Agreed Medical Evaluator (AME) failed to adequately explain why an alternative impairment rating method (grip loss) was more accurate than the standard method (carpal tunnel syndrome) according to the AMA Guides. This lack of reasoning rendered the AME's opinion unsubstantial evidence for determining the Applicant's impairment. Therefore, the Board upheld the initial finding based on carpal tunnel syndrome, not grip loss.

Kay RodriguezLegally UninsuredState Compensation Insurance FundOrder Denying ReconsiderationAlmaraz-Guzman casesAMA GuidesWhole Person Impairment (WPI)Agreed Medical Evaluator (AME)substantial evidenceActivities of Daily Living (ADLs)
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ6802715; ADJ6715328
Regular
Sep 15, 2015

STEFANIE WEBB vs. THE VINTAGE CLUB, FEDERAL INSURANCE c/o CHUBB SERVICES CORP., INSURANCE COMPANY OF THE WEST, c/o FIREMAN'S FUND INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a finding that applicant Stefanie Webb sustained a cumulative injury to her wrists and arms from April 19, 2004, through April 14, 2009. The insurer contended the injury period ended in 2005, citing medical opinions. However, the WCAB found that April 14, 2009, was the correct date of injury as it was the first day applicant knew her condition was work-related and suffered disability. A dissenting opinion argued that medical evidence supported an earlier cessation of injurious exposure in 2005.

Workers' Compensation Appeals BoardStefanie WebbThe Vintage ClubFederal InsuranceChubb Services Corp.Insurance Company of the WestFireman's Fund Insurancecumulative injuryspecific injurypermanent disability
References
Case No. ADJ9582137
Regular
Sep 20, 2016

SHERYL FEVOLD MILTON vs. COUNTY OF TULARE

This case involves a worker injured in an industrial accident, sustaining shoulder injuries and bilateral carpal tunnel syndrome. The defendant employer sought to delay mandated home modifications until post-surgery recovery, arguing they weren't medically necessary. However, the court found that the modifications were primarily necessitated by the shoulder injuries, not the carpal tunnel syndrome. Medical experts and an occupational therapist confirmed the need for these modifications to enable the applicant's return to independent living and work. Therefore, the defendant's petition for reconsideration was denied, upholding the order for home modifications.

home modificationspermanent and stationarycarpal tunnel release surgerybilateral shouldersrotator cuff tearT-12 paraplegicoccupational therapistcertified aging-in-place specialistskilled nursing facilityindependent living
References
Case No. ADJ7719699
Regular
Nov 26, 2012

SUZANNE TRAVER vs. KONOCTI UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration on its own motion to correct factual errors in a prior dismissal order. Specifically, the Board misstated the Administrative Law Judge's findings regarding the applicant's industrial injuries. The corrected decision clarifies that the ALJ found injury to the applicant's nose, hand, knee, lip, and carpal tunnel syndrome in her right upper extremity. Importantly, the ALJ's original findings and award remain in full effect.

Workers' Compensation Appeals BoardKonocti Unified School DistrictKeenan & AssociatesPetition for ReconsiderationPetition to ReopenFindings and AwardIndustrial InjuryRight Upper ExtremityCarpal Tunnel SyndromeOsteonecrosis
References
Case No. ADJ8779471
Regular
Mar 07, 2018

JOSEPH RACANELLI vs. FARMERS INSURANCE GROUP, LIBERTY MUTUAL INSURANCE COMPANY

This case involved a workers' compensation claim for bilateral carpal tunnel syndrome. The applicant sought a 15% increase in permanent disability payments, which the Board affirmed, finding the employer failed to issue proper notice. The Board also disallowed the Employment Development Department's (EDD) lien for benefits paid during a period when the applicant was disabled due to an unrelated non-industrial ankle injury. Defendant's argument regarding apportionment was rejected as the AME's opinion lacked substantial evidence and the issue was not properly raised.

WCABReconsiderationClaims AdjusterCumulative InjuryBilateral WristsPermanent DisabilityLabor Code Section 4658(d)(2)Employment Development DepartmentEDD LienApportionment
References
Case No. ADJ1988743 (OAK 0328856)
Regular
Aug 10, 2012

JAMES KENDALL (Deceased) vs. OPENWAVE SYSTEMS, INC., AMERICAN PROTECTION INSURANCE CO., BROADSPIRE, A CRAWFORD CO., TRAVELERS INDEMNITY CO. OF CONNECTICUT, LUMBERMEN'S MUTUAL CASUALTY CO.

This case concerns the determination of liability for a deceased worker's cumulative trauma injury, specifically carpal tunnel syndrome. The Workers' Compensation Appeals Board granted reconsideration to amend the period of injurious exposure. The Board found that the applicant's date of injury, based on the onset of temporary disability, was September 30, 2004. Therefore, the statutory period of liability under Labor Code § 5500.5 was established as September 30, 2003, through September 29, 2004, the employee's last day of work. This amendment impacts the contribution between insurers APIC and Travelers.

Cumulative traumaLabor Code section 5500.5Labor Code section 5412Period of liabilityCarpal tunnel syndromeTemporary disabilityPermanent disabilityDate of injuryInjurious exposureReconsideration
References
Case No. ADJ11046718
Regular
Jun 03, 2019

FELIX CHAVEZ vs. DPR CONSTRUCTION, NATIONAL UNION FIRE INSURANCE COMPANY, A. RUIZ CONSTRUCTION, ZURICH NORTH AMERICA

This case involves a dispute over the cumulative injury period for Felix Chavez's bilateral carpal tunnel syndrome. The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's date of injury was November 15, 2017, when he became disabled and underwent surgery. Consequently, the Labor Code section 5500.5 liability period was established as February 21, 2017, to November 15, 2017, encompassing employment with both A. Ruiz Construction and DPR Construction. The Board ordered National Fire Insurance Company, as the last carrier on the risk, to administer the claim.

WCABPetition for ReconsiderationCumulative InjuryCarpal Tunnel SyndromeLabor Code Section 5500.5Labor Code Section 5412Date of InjuryLiability PeriodBilateralCement Mason
References
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