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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ12790054
Regular
Aug 11, 2025

THANH DINH vs. HODO INC.; CYPRESS INSURANCE COMPANY

Applicant and Defendant both filed Petitions for Reconsideration of a Findings and Award (F&A) issued on May 30, 2025. Applicant contended issues with permanent disability apportionment and inability to compete in the open labor market, seeking 100% disability. Defendant asserted incorrect occupational code and method for combining impairments. The Workers' Compensation Appeals Board reviewed the petitions, the WCJ's reports, and the record, noting inconsistencies and a need for further review regarding permanent disability, apportionment under Escobedo v. Marshalls, vocational reporting, and the application of Vigil v. County of Kern regarding impairment combination. Therefore, the Appeals Board granted both petitions and deferred the final decision after reconsideration to allow for a comprehensive review of the factual and legal issues.

Permanent disabilityApportionmentVocational rehabilitationMedical-legal reportsOccupational codeDRE Category IVWhole person impairmentAddition vs. Combination of impairmentsLabor Code section 5909Petition for Reconsideration
References
Case No. ADJ7044663 ADJ7044664 ADJ11257861
Regular
Feb 26, 2020

DAVID PURCELL vs. ALLIED AVIATION HOLDINGS CORPORATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AMERICAN INTERNATIONAL GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's claim that his psychiatric and physical disabilities should be added, not combined, leading to a potential $100 \%$ permanent disability award. The WCJ had previously found $82 \%$ permanent disability based on a combination of injuries. The WCAB rescinded the original decision, finding the record lacked substantial evidence on whether the psychiatric disability's "synergistic effect" on physical impairments warranted addition. The case is returned to the WCJ for further proceedings to clarify this issue and develop the record for a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersPermanent DisabilityPsychiatric DisabilityPhysical DisabilityAgreed Medical ExaminerSynergistic EffectCombination of ImpairmentsAddition of Impairments
References
Case No. ADJ10307426
Regular
Dec 10, 2018

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND

This case involves applicant Christopher Devereux seeking reconsideration of a 90% permanent disability award for cumulative trauma, primarily hypertension and cognitive impairment, as an attorney. The defendant contested the award, arguing the permanent disability rating should have been calculated using the Combined Value Chart (CVC) instead of simple addition. The Board granted applicant's reconsideration to amend the award for future medical treatment and to include annual increases based on the state average weekly wage. Ultimately, the Board affirmed the 90% permanent disability rating, finding the additive method was appropriate based on medical expert opinions, and denied the defendant's petition.

WCABPermanent Disability RatingCumulative TraumaHypertensionDiabetesHeart ImpairmentCirculatory ImpairmentCognitive ImpairmentApportionmentAddition Method
References
Case No. ADJ10243412
Regular
Jun 10, 2019

DEBRA LUX vs. COUNTY OF SANTA BARBARA

This case involves an injured firefighter seeking workers' compensation for a right knee injury. The defendant sought reconsideration of a finding of 17% permanent disability, arguing the administrative law judge erred by combining range of motion and diagnosis-based impairments, and by not apportioning the diagnosis-based impairment. The Appeals Board denied reconsideration, finding the medical evaluator adequately explained the departure from standard AMA Guides methodology for rating the combined impairments. The Board also affirmed no apportionment of the diagnosis-based impairment as no substantial evidence showed non-industrial factors contributed to the need for surgery.

Workers' Compensation Appeals BoardApplicantDefendantPermissibly Self-InsuredAdministered by CORVELFirefighterIndustrial InjuryRight KneePermanent DisabilityWhole Person Impairment
References
Case No. ADJ7186535, ADJ8480044
Regular
Feb 05, 2019

America Guandique vs. State of California, Department of Motor Vehicles

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of permanent total disability for the applicant. The defendant argued that the administrative law judge erred in combining two separate injuries and in relying on medical opinions. However, the Board found substantial evidence supported the conclusion that the applicant's injuries were inextricably intertwined and that her disabilities should be added, not combined. The Board affirmed that the finding of permanent total disability under Labor Code Section 4660 was well-supported, rendering other arguments moot.

Permanent Total DisabilityInextricably IntertwinedPetition for ReconsiderationJoint Findings of Fact and AwardAdministrative Law JudgePanel Qualified Medical EvaluatorAgreed Medical EvaluatorCombined vs. Added ImpairmentsVocational ExpertPermanent Disability Rating Schedule
References
Case No. ADJ9097334
Regular
Apr 25, 2016

CHARLES GELETKO vs. CALIFORNIA HIGHWAY PATROL, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award granting applicant benefits, arguing the administrative law judge (WCJ) improperly calculated the applicant's permanent disability. The SIBTF contended the WCJ erred by applying a 1.4 adjustment factor and by adding individual impairments rather than combining them. The Appeals Board granted reconsideration, agreeing with the WCJ's report to affirm the award while correcting a mathematical error, ultimately awarding applicant 82% permanent disability. The Board found the 1.4 modifier applicable under the relevant statute, but upheld the prohibition against using the Combined Values Chart when assessing SIBTF eligibility due to statutory exclusions for age and occupation adjustments.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent disability thresholdwhole-person impairmentsection 4660.11.4 modifierCombined Values ChartCalifornia Highway Patrolcumulative trauma injurycardiovascular system
References
Case No. ADJ7181658
Regular
May 13, 2014

Sheriee Borela vs. State of California, Department of Motor Vehicles, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The employer challenged the administrative law judge's (ALJ) method of combining orthopedic and psychiatric permanent disability ratings, arguing it should have used the Combined Values Chart (CVC) instead of simple addition. The Board found the ALJ abused her discretion by not applying the CVC without sufficient medical evidence to justify an alternative method. The case was returned for a new permanent disability rating utilizing the CVC.

Workers' Compensation Appeals BoardPermanent Disability RatingCombined Values ChartOrthopedic ImpairmentsPsychiatric ImpairmentsAdditive FashionSchedule for Rating Permanent DisabilitiesAgreed Medical ExaminersWhole Person ImpairmentApportionment
References
Case No. ADJ8401036
Regular
May 04, 2016

STEVE RYDER vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns an applicant seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The core issue is whether the applicant's subsequent industrial injury, when considered alone, results in a permanent disability of at least 35%. The Appeals Board reversed the WCJ, finding the applicant's permanent disability is 35% after adjusting for diminished future earning capacity and adding the separate impairments, thereby qualifying him for SIBTF benefits. The Board's decision hinges on interpreting Labor Code section 4751 to allow DFEC adjustments and mandate addition of impairments, not combination via the Combined Values Chart, for SIBTF qualification.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent disabilitywhole-person impairmentdiminished future earning capacityCombined Values ChartAMA Guidesfirefighterprostate cancersexual dysfunction
References
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