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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. OXN 0132192
Regular
Jan 23, 2008

JAMES NICHOLS vs. ENTERTAINMENT PARTNERS, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's and defendant's challenges to a previous decision. The WCAB rescinded the prior award, finding that the administrative law judge improperly applied the now-obsolete *Wilkinson* rule for apportionment. The case is returned to the trial level for further proceedings and a new decision, applying the causation-based apportionment principles established in *Benson v. The Permanente Medical Group*.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryNeck InjuryHead InjuryBack InjuryKnee InjuryShoulder InjuryHernia
References
Case No. ADJ6655702
Regular
Mar 18, 2010

GERICK CATUGDA vs. WINKLEBLACK CONSTRUCTION, CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES

This case concerns whether the "going and coming rule" bars applicant's workers' compensation claim for injuries sustained during his commute. The defendant argued the rule applied, but the Workers' Compensation Appeals Board denied their petition for reconsideration. The Board adopted the WCJ's finding that the applicant's employment required him to have transportation for multiple job sites, creating an exception to the rule. This decision aligns with established precedent, where transportation necessity for the employer's benefit removes the commute from the rule's exclusion.

Going and coming ruleindustrial injuryconstruction laborerhead injurybrain injurypsyche injuryspine injuryribs injurypelvis injuryarms injury
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ 1612085, ADJ 3458861, VNO 407730, VNO 407729
Regular
Aug 29, 2008

JOHN HANSEN vs. TILE TRENDS, STATE COMPENSATION INSURANCE FUND, ZC INSURANCE

The WCAB denied reconsideration of a decision awarding permanent disability benefits to the applicant for industrial injuries to his spine, shoulders, knees, back, neck, and heart/internal system. The defendants argued that the WCJ erred in finding the date of injury, relying on certain medical opinions, and apportioning liability.

WCABTile SetterSpine InjuryShoulder InjuryKnee InjuryBack InjuryNeck InjuryHeart InjuryInternal System InjuryTemporary Disability
References
Case No. VNO 0385398 VNO 0460995
Regular
Jun 20, 2008

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

This case involves a workers' compensation claim where the defendant, SCIF, contests the findings regarding cumulative trauma injury dates and apportionment of permanent disability. The Appeals Board granted reconsideration, finding the WCJ erred in relying on Dr. Capen's apportionment opinion, which lacked substantial evidence and proper reasoning. The matter is returned to the trial level for further proceedings to develop the record on permanent disability and apportionment based on causation, consistent with current legal precedent.

Workers' Compensation Appeals BoardPacific MatInc.State Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationwarehouse workerindustrial injury
References
Case No. ADJ711962 (SFO 0420092)ADJ2557776 (SFO 0390012)
Regular
Apr 04, 2017

EVELYN COTTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, SAN QUENTIN STATE PRISON

The applicant sought reconsideration of a Workers' Compensation Appeals Board decision regarding industrial injuries and medical treatment reimbursements. The Board denied reconsideration, adopting the findings of the workers' compensation judge. The applicant's claims regarding impaired concentration due to pain and medication, as well as disputes over document possession and reimbursement calculations, were found insufficient to warrant further review. The applicant was also admonished for violating procedural rules by attaching unnecessary documents to her petition.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryShoulder InjuryHand InjuryKnee InjuryWrist InjuryBack InjuryPsyche InjuryHypertension
References
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