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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ9198656; ADJ9192994
Regular
Jul 07, 2025

JEANETTE LIRA vs. COTTAGE HEALTH SYSTEM, PSI, SANSUM SANTA BARBARA MEDICAL, ZURICH AMERICAN INSURANCE COMPANY

Defendants Cottage Health System and Zurich American Insurance Company sought reconsideration of a Joint Findings and Award. Cottage Health contended it was incorrectly identified as the liable employer instead of Sansum Santa Barbara Medical, insured by Zurich. Zurich argued there were multiple injuries or that compensation was barred by the statute of limitations. The Appeals Board denied Zurich's petition, granted Cottage Health's petition, and amended the award to reflect Sansum Santa Barbara Medical, insured by Zurich American Insurance Company, as the liable party.

Workers' Compensation Appeals BoardJeanette LiraCottage Health SystemGallagher BassettZurich American Insurance CompanySansum Santa Barbara MedicalAdjudication NumbersJoint Findings and AwardPetition for ReconsiderationComplex Regional Pain Syndrome
References
Case No. ADJ8381452
Regular
Jun 19, 2014

WEBSTER SLACK vs. COTTAGE HEALTH SYSTEM

The Appeals Board denied the defendant's petition for reconsideration because their prior decision correctly found substantial evidence of psychiatric injury but remanded the case for further development of the record regarding the cause of injury. Specifically, the Board found the prior decision was not a final order subject to reconsideration, as it returned the case to the trial level for further proceedings. The defendant sought to reinstate a prior WCJ decision that denied the applicant's claim of industrial injury.

Workers' Compensation Appeals BoardPsychiatric injuryGood faith personnel actionsLabor Code section 3208.3(h)Rolda v. Pitney BowesInc.ReconsiderationFinal orderInterim orderSubstantive right
References
Case No. ADJ10164543
Regular
May 26, 2016

NICOLASA TEJADA vs. COTTAGE HEALTH SYSTEMS, SEDGWICK

The applicant, Nicolasa Tejada, sought reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the case. However, the applicant subsequently withdrew her Petition for Reconsideration. Therefore, the WCAB vacated its prior order granting reconsideration and dismissed the applicant's petition.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAwardAdministrative Law JudgeVacatedDismissedOpinion and DecisionCottage Health SystemsSedgwick
References
Case No. ADJ361855 (GOL 0100706) ADJ987728 (GOL 0100705)
Regular
Jun 06, 2011

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; Permissibly Self-Insured, Administered by KEENAN & ASSOCIATES

The Appeals Board granted the applicant's petition for reconsideration and denied the defendant's. It affirmed the original award of 45% permanent disability, finding the Agreed Medical Evaluator's (AME) deposition testimony admissible and substantial evidence. The Board amended the temporary disability period to extend to March 27, 2008, finding applicant reached Maximal Medical Improvement on that date. Finally, the Board deferred the issue of further medical treatment, including acupuncture, for evaluation by the AME.

Workers Compensation Appeals BoardCynthia SiegertCottage Health SystemKeenan & AssociatesADJ361855ADJ987728Petition for ReconsiderationFindings and AwardRegistered NurseLumbar Spine
References
Case No. ADJ7398917
Regular
Dec 07, 2011

JUNE MARTIN vs. COTTAGE HEALTH SYSTEMS, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES (Formerly Administered By KEENAN & ASSOCIATES)

This case involves a petition for reconsideration and removal filed by the applicant's employer and its administrator. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration, as it was not taken from a "final" order that determined substantive rights or liabilities. The WCAB denied the petition for removal, finding no showing of substantial prejudice or irreparable harm necessitating immediate intervention. The WCAB adopted and incorporated the WCJ's report and recommendation in its denial of removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrdersRemovalWCJ's Report and RecommendationSubstantial PrejudiceIrreparable HarmInadequate Remedy
References
Case No. TI11980184
Regular
Sep 22, 2015

HEATHER REESE vs. ALL SAINTS HEALTH CARE, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over home health care services for an injured vocational nurse. The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that denied these services, finding the prior reasoning potentially flawed. The WCAB clarified that household services may be compensable medical treatment if medically necessary and reasonable, citing *Smyers*. Furthermore, new legislation defining home health care as medical treatment and establishing specific requirements also applies. The case is returned to the Administrative Law Judge for further proceedings to develop the record under these clarified legal standards.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial InjuryLumbar SpineCentral Nervous SystemSleep DisorderCardiovascular SystemDeep Vein ThrombophlebitisHome Health Care Services
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ10954204
Regular
Sep 15, 2022

MARIA FLORES vs. PINNACLE HEALTH CORP., SUMMARY OF EVIDENCE INSURANCE COMPANY OF THE WEST, AFFINITY HOME HEALTH CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE, SEDGWICK CMS, HOME HEALTH CARE SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Home Health Care Solutions. The applicant, an LVN, was injured in a car accident while traveling between patients for multiple agencies. The Board adopted the WCJ's report, which found the injury arose out of and occurred in the course of employment for Home Health Care Solutions. This decision was based on the fact that the applicant was required to use her own vehicle, which extended the employer-employee relationship beyond direct service. The WCJ also found the going and coming rule did not bar the claim due to the required use of transportation between patient locations.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleAOE/COELVNCar AccidentAutomobile ExceptionTransitEmployment RelationshipRequired Vehicle Use
References
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