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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ120949 (LBO 0345949)
Regular
Mar 28, 2011

RON CURTIS vs. C.J. SEGERSTROM & SONS, AMERICAN CLAIMS MANAGEMENT FOR EVEREST NATIONAL INSURANCE, AMERICAN SAFETY CASUALTY COMPANY

This case concerns American Safety Casualty Company's petition for reconsideration of an arbitrator's decision regarding contribution. The arbitrator found that Everest National Insurance Company timely instituted contribution proceedings based on a subsequent Compromise and Release Agreement that redefined the cumulative trauma injury dates. American argued that a prior, rescinded award determining earlier injury dates should control, but the Board affirmed the arbitrator's conclusion that the rescission rendered the prior finding void. The Board clarified that this decision only addresses the timeliness of contribution proceedings, not final liability, allowing for further litigation.

Workers' Compensation Appeals BoardCumulative Trauma ClaimContribution ProceedingsArbitrator's Findings and AwardCompromise and Release AgreementDate of Cumulative Trauma InjuryLabor Code Section 5500.5Rescinded Findings and AwardStatus Quo AntePetition for Reconsideration
References
Case No. ADJ1950726 (MON 0361748), ADJ6963803, ADJ7198723
Regular
Mar 20, 2012

DANA BURREL vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In three workers' compensation cases, the applicant sustained industrial injuries to her upper extremities on May 21, 2006, March 11, 2008, and July 28, 2008. The Appeals Board granted reconsideration to review the application of Labor Code section 4658(d)(2), which mandates a 15% increase in permanent disability payments when an employer fails to offer suitable work within 60 days of an injury becoming permanent and stationary. The employer stipulated to providing some medical treatment and returning the applicant to work, but failed to offer regular, modified, or alternative work for 12 months post-injury. The Board found the employer's contention of denial unsubstantiated by evidence and, following *Bontempo v. Workers' Comp. Appeals Bd.*, ruled that the 15% increase applies to all three cases.

Labor Code section 4658(d)(2)permanent disability increaseindustrial injuryright upper extremityright handright wristright shoulderright armleft wristleft hand
References
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
Case No. ADJ1009271 (AHM 0055424)
Regular
Apr 27, 2009

MYRNA PEREZ vs. FIDELITY FEDERAL BANK, TIG SPECIALTY INSURANCE CO., REM, LTD, GOLDEN EAGLE

This case concerns a contribution dispute between two insurance carriers, TIG and Golden Eagle, for a cumulative trauma injury claim. Golden Eagle sought reconsideration of an order compelling it to pay over $\$101,000$ in contribution to TIG. Golden Eagle argued it was never properly served with a notice of intention and that Labor Code section 5275 mandates arbitration for contribution disputes. The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.

Workers' Compensation Appeals BoardOrder of ContributionPetition for ReconsiderationLabor Code section 5275mandatory arbitrationContributionCumulative Trauma InjuryCompromise and Release AgreementPetition for ContributionNotice of Intention
References
Case No. ADJ19527341
Regular
May 05, 2025

MARIA RAMIREZ vs. ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA

Applicant Maria Ramirez sought reconsideration of a workers' compensation administrative law judge's order, which found no industrial injury. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings. The Board determined that the WCJ's credibility finding, based on the delayed worsening of symptoms, required expert medical opinion to ascertain consistency with the claimed injury mechanism, thus necessitating further development of the medical and factual record.

ADJ19527341Petition for ReconsiderationFindings and OrderIndustrial InjuryRight Arm InjuryRight Wrist InjuryRight Hip InjuryRight Leg InjuryRight Foot InjuryWCJ Credibility Determination
References
Case No. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
Case No. ADJ9210498
Regular
Apr 04, 2017

ELEANOR DEFRANCO vs. MONTEREY FISH COMPANY, ENSTAR (US) INC., dba ENSTAR ADMINISTRATORS FOR SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that found industrial injury to applicant's right ankle, right shoulder, and back, but not her right knee. The WCAB rescinded the finding of industrial injury to the back, while otherwise affirming the prior decision. Specifically, the WCAB affirmed the finding that the applicant sustained industrial injury to her right ankle and right shoulder, and that medical treatment for her right knee is compensable to relieve the effects of the industrial injuries. The WCAB adopted the WCJ's reasoning for these decisions, including the application of the *Braewood* principle for treating the non-industrial knee condition.

Workers' Compensation Appeals BoardEleanor DefrancoMonterey Fish CompanyEnstarSeabright Insurance CompanyIndustrial InjuryRight AnkleRight ShoulderRight KneeBack Injury
References
Case No. ADJ6581535
Regular
Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker
References
Case No. ADJ2087163 (SJO 0269417)
Regular
Oct 04, 2011

JOSE CHIRINOS vs. HEARTWOOD CABINET, MAJESTIC INURANCE COMPANY

This case involves a contribution claim between two insurance carriers, Virginia Surety and Majestic Insurance, for benefits paid to applicant Jose Chirinos. The arbitrator awarded Virginia Surety contribution, but apportioned benefits, finding only 30% attributable to cumulative trauma injury covered by Majestic, with the remainder from a specific injury covered by Virginia Surety. Virginia Surety challenged the admissibility of Dr. Scott's report, which formed the basis for this apportionment, as it was not based on a physical examination. The Appeals Board affirmed the arbitrator's decision, finding Dr. Scott's report admissible under the unique circumstances of contribution proceedings where the applicant is uncooperative and discovery rights are deferred.

Workers Compensation Appeals BoardReconsiderationContributionCumulative TraumaSpecific InjuryApportionmentPanel Qualified Medical ExaminerDiscovery RightsLabor Code Section 5500.5Medical Records Review
References
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