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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7719607
Regular
Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

The Appeals Board granted the defendant's Petition for Removal, rescinding the judge's order to take the case off calendar. The applicant's attorney declared readiness for trial and completed discovery, then unsuccessfully sought to continue the trial to develop the record. The Board found the judge abused discretion by ordering further discovery without trial or evidence submission. The case is returned for trial, with the judge retaining discretion to order record development post-trial if necessary.

Petition for RemovalOff Calendar OrderMandatory Settlement ConferenceDeclaration of Readiness to ProceedDiscovery ClosureMedical Record DevelopmentAgreed Medical EvaluatorMcDuffie v. Los Angeles Metropolitan Transit AuthorityWCJ DiscretionTrial Readiness
References
Case No. ADJ8734182
Regular
Dec 17, 2018

JONATHAN MCINTYRE vs. COUNTY OF SAN DIEGO

This case involves an applicant, Jonathan McIntyre, a deputy sheriff, claiming bladder cancer as a work-related injury. The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision, finding that the medical evidence regarding the latency period of the applicant's bladder cancer was insufficient. The WCAB determined further development of the medical record is required to accurately assess when the cancer "developed" and "manifested" relative to the statutory presumption period. Therefore, the case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardDeputy SheriffBladder CancerLabor Code section 3212.1Presumption of CompensabilityLatency PeriodAgreed Medical EvaluatorManifestation of DiseaseDevelopment of CancerStatutory Presumption
References
Case No. VNO 0311760, VNO 0348260
Regular
Dec 21, 2007

CORNELIUS SCHOREA vs. LOCKHEAD ADVANCED DEVELOPMENT CO.; HELMSMAN

This case involves petitions for reconsideration from both the applicant and defendant regarding a previous workers' compensation award. The Appeals Board granted both petitions, rescinded the original decision, and returned the matter for further proceedings by the trial judge. The primary reason for this action is to re-evaluate the case in light of the *Benson* decision, which mandates apportionment of permanent disability based on causation, a departure from prior case law.

Workers' Compensation Appeals BoardReconsiderationPetitions for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityCreditThird-Party CaseIndustrial InjuryPsychiatric Injury
References
Case No. ADJ9027561
Regular
Feb 23, 2015

ARNEL MAGANA vs. BODYCOTE AEROSPACE DEFENSE AND ENERGY GROUP, ZURICH NORTH AMERICA

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's December 22, 2014 orders. The Board found that ordering a Labor Code section 4060 examination and consolidating the cases were improper developments of the record after discovery closed. This decision was based on applicant's repeated changes in counsel and failure to diligently pursue medical evidence. The case ADJ9027561 is returned to the trial level for further proceedings.

Petition for RemovalConsolidation of CasesContinuous TraumaLabor Code section 4060Declaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference StatementDiscovery ClosureIncompetence of CounselImputation of Negligence
References
Case No. ADJ7061051
Regular
Jan 17, 2014

DINO DURSO vs. LES SCHWAB TIRE CENTERS OF CALIFORNIA, INC., permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to rescind a prior award finding new and further disability. The WCAB found the prior medical report relied upon by the judge was issued before the original stipulated award, thus not constituting new evidence. The case is returned to the trial level for further proceedings to develop the record regarding new and further disability. Additionally, the WCAB ordered consolidation of this case with a subsequent injury claim due to common issues.

New and Further DisabilityPetition for ReconsiderationStipulated AwardAgreed Medical ExaminerSubstantial EvidenceGood Cause to ReopenDevelop the RecordConsolidation of CasesWCJ DeferralMedical Report Admissibility
References
Case No. ADJ 10459549, ADJ 10459544
Regular
Jul 07, 2017

SAUL MEJIA VALLADARES vs. SERVICON SYSTEMS, INCORPORATED

In this case, the Appeals Board affirmed the Arbitrator's denial of the applicant's specific injury claim from March 7, 2016, due to credibility issues and lack of substantial evidence. However, the Board rescinded the denial of the cumulative trauma claim from April 2011 to April 2016. The Board found that medical records indicated prior orthopedic complaints within the cumulative trauma period, necessitating further medical evaluation despite the applicant's credibility issues on other claims. Therefore, the cumulative trauma claim is returned to the Arbitrator for further development of the medical record.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryArbitratorCredibility DeterminationMedical EvaluationLabor Code Section 4060Carve-out CaseLabor Code Sections 3201.5
References
Case No. MON 254928
Significant
Feb 25, 2002

James McDuffie, Applicant vs. Los Angeles County Metropolitan Transit Authority, Permissibly Self-Insured, c/o Constitution State Service Company

The Board holds that where the medical record requires further development after trial, the preferred procedure is to first seek supplemental opinions from the physicians who have already reported in the case before considering the appointment of a new medical examiner.

En Banc DecisionMedical Record DevelopmentSupplemental OpinionsAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Court Appointed Medical EvaluatorFurther DevelopmentApportionmentPermanent DisabilityBus Operator
References
Case No. ADJ7775067
Regular
Nov 01, 2012

SENEL ACOSTA vs. CREATIVE WATERWAYS, INC., YORK INSURANCE SERVICES GROUP, INC.

The Appeals Board granted the defendant's Petition for Removal to rescind an order directing a panel Qualified Medical Evaluator (QME) in psychiatry. The Board found that the workers' compensation judge erred by ordering further medical record development before the case was tried or submitted. It is premature to mandate a psychiatric QME before establishing deficiencies in existing medical opinions and without trial evidence. The case is returned to the trial level for further proceedings, including a status conference and potential expedited hearing.

Petition for RemovalOrder Off CalendarPanel QMEMedical Record DevelopmentAgreed Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedExpedited HearingUtilization ReviewWorkers' Compensation Appeals Board
References
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