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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

Guillermo Rivera vs. Cal Scan Trade Company/Villa Auto Sales, ACE USA, Preferred Employers

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
Case No. ADJ6837333
Regular
Apr 28, 2011

GUILLERMO MARTIN vs. QUALITY FORMING, INC., CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the Workers' Compensation Judge's report, which found the applicant's claim of injury was not credible and was filed in retaliation for his termination. The judge's credibility finding, entitled to great weight, was upheld. Therefore, the applicant's claim that he sustained injury arising out of and in the course of his employment was not supported.

WCABPetition for ReconsiderationDenialCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Findings and OrdersInjury Arising Out Of EmploymentCourse of EmploymentRetaliationTermination
References
Case No. ADJ8832276
Regular
Sep 30, 2014

ROSALIO MARIN vs. BUTLER BOX & STAKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Rosalio Marin's petition for reconsideration. The Board adopted the administrative law judge's report, which found Marin's testimony regarding his job duties and cumulative trauma injury to be non-credible. While the Board acknowledged the claim was presumed compensable under Labor Code section 5402, it found this presumption had been rebutted by the evidence presented. The judge's credibility findings, crucial in such cases, were given significant weight.

WCABPetition for ReconsiderationWCJcredibilityGarza v. Workmen's Comp. Appeals Bd.cumulative traumaLabor Code section 5402presumed compensablerebuttable presumptionindustrial injury
References
Case No. ADJ6688237
Regular
Jun 10, 2013

Celina Acevedo vs. William Sanchez-Barrera, UEF

The Workers' Compensation Appeals Board denied reconsideration of a decision that found applicant Celina Acevedo was not an employee of William Sanchez-Barrera. The Administrative Law Judge's (ALJ) credibility finding against the applicant was central to the decision. The ALJ found the applicant's testimony regarding her employment and the severity of her claimed injury lacked credibility, while the defense witness's testimony was deemed credible. Therefore, the board adopted the ALJ's report and recommendations.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingEmployment RelationshipHousekeeperInjury AOE/COEWitness TestimonyEmployment RecordsApplicant Credibility
References
Case No. ADJ7820610
Regular
Dec 12, 2012

CRISTINA SANCHEZ vs. MOLA SEWING, INC., REPUBLIC INDEMNITY

The Workers' Compensation Appeals Board denied Cristina Sanchez's Petition for Reconsideration, upholding the WCJ's finding that she failed to meet her burden of proof. The WCJ found the applicant's testimony lacked credibility, citing inconsistencies with her deposition testimony and credible witness accounts. Specifically, the applicant's claims regarding heavy lifting, reporting injuries, and the cause of her inability to work were contradicted by evidence. The Board gave great weight to the WCJ's credibility findings, as is customary.

Workers' Compensation Appeals BoardReconsideration DenialAdministrative Law Judge ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.In Pro PerPetition for ReconsiderationFindings and OrderBurden of ProofCourse of Employment
References
Case No. ADJ195830
Regular
Nov 10, 2008

BELLA MEDRANO vs. STREETWISE FOOTWEAR CORPORATION dba LEATHER BY SHAWN, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of the applicant's claim for injury. The WCJ found the applicant not credible, noting inconsistencies in her testimony, delayed treatment, and medical findings that did not substantially support her claimed specific injury. The employer credibly testified that the applicant never reported an injury.

Workers' Compensation Appeals BoardStreetwise Footwear CorporationUninsured Employers Benefits Trust FundPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.credibility findingradiculopathyMRIEMG
References
Case No. ADJ3005224 (STK 0185309)
Regular
Jul 02, 2010

MARIO GONZALEZ vs. STANLEY VANDERVEEN/VMV HULLING LLC, et al.

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition. The applicant sought to establish employment with various entities or individuals after sustaining injuries from falling off a tractor. The Board adopted the Workers' Compensation Judge's report, which found the applicant's testimony to be not credible and lacked substantial evidence of employment. The judge found the testimony of Stanley Vanderveen and David Corona to be more credible.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportGarza v. Workmen's Comp. Appeals Bd.Applicant CredibilityEmployment StatusSubcontractorIndependent ContractorVMV Hulling LLC
References
Case No. ADJ8361146
Regular
May 09, 2013

JULIAN YAC vs. NIETOS BROTHER ORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in the case of Julian Yac. The Board adopted the WCJ's report, which found the applicant was the initial physical aggressor in an altercation with a customer, barring his claim. This determination was based on witness credibility and evidence of the applicant's confrontational actions, despite not causing immediate physical harm. The WCJ's credibility findings were given great weight, as per established case law.

Workers' Compensation Appeals BoardReconsideration deniedInitial physical aggressorLabor Code Section 3600(a)(7)Credibility findingGarza v. Workers' Comp. Appeals Bd.AltercationExcessive forceThreat of bodily harmCriener v. WCAB
References
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
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