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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. ADJ6446674
Regular
Oct 11, 2011

DAVID HERNANDEZ vs. RUSSELL FISHER PARTNERSHIPS, ICW GROUP/EXPLORER INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that he did not sustain an industrial injury. The Board also granted removal on its own motion and intends to sanction the applicant's counsel for submitting a petition with handwritten annotations to an already admitted document, violating procedural rules. This constitutes a violation of Rule 10842(c), warranting sanctions unless good cause is shown within 15 days.

Industrial injurySite managerPetition for reconsiderationFindings of Fact and OrderCredibility assessmentWitness credibilityTake nothing orderSanctionsAppeals Board motionLabor Code § 5813
References
Case No. ADJ8586896
Regular
Dec 27, 2017

, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

This case concerns a deceased laborer, Jose Benitez, whose widow claimed his death from cellulitis resulted from an insect bite sustained while working for AG Force, LLC. Despite the lack of direct witnesses, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB found that the Administrative Law Judge's (ALJ) determination of industrial causation was supported by the credible testimony of the applicant's wife and medical reports. The Board emphasized the "reasonable probability" standard for industrial causation and gave deference to the ALJ's credibility findings.

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician
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
Case No. ADJ8683532
Regular
Jun 02, 2014

PATSY LAWSON WHITE vs. C&H SUGAR, ESIS

In this case, the Workers' Compensation Appeals Board (WCAB) denied C&H Sugar's petition for reconsideration. The defendant argued that the agreed medical examiner's (AME) opinion was not substantial evidence due to alleged factual discrepancies regarding a prior motor vehicle accident. However, the WCAB adopted the WCJ's report, finding the AME's opinion, combined with the applicant's credible testimony, constituted substantial evidence. The WCAB deferred to the WCJ's credibility assessment of the applicant, affirming the finding of a cumulative industrial injury to the applicant's neck and shoulders.

Workers Compensation Appeals BoardReconsideration DeniedCumulative InjuryNeckShouldersPackerProduction Work SpecialistAgreed Medical ExaminerSubstantial EvidenceCredible Testimony
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. ADJ7623044
Regular
Jun 18, 2012

YOLANDA CRUZ GARDUNO vs. TIDES WHARF BODEGA BAY ROBERT BUGATTO ENTERPRISES, INC.; TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Disqualification. The WCAB upheld the WCJ's decision regarding the applicant's average weekly wage, finding it was based on credibility and insufficient evidence of overtime. The WCAB also found the WCJ acted appropriately in managing the trial and limiting irrelevant testimony, despite the applicant's due process claims. The applicant is pursuing separate claims with the Labor Commissioner regarding overtime earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Disqualificationindustrial injuryaverage weekly wagedue processWCJ credibility assessmentlabor commissionovertime incomeinconsistent testimony
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. ADJ7792304
Regular
Aug 08, 2012

RUBEN AYALA HERNANDEZ vs. ANAWALT LUMBER COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The defendant sought reconsideration of a WCJ's finding of industrial injury and a 15% penalty for delayed temporary disability benefits. The Appeals Board granted reconsideration and affirmed the finding of industrial injury, giving great weight to the WCJ's credibility assessment of the applicant's testimony. However, the Board reversed the penalty, finding the defendant had a reasonable basis to question the applicant's claims given testimony that the applicant never reported an injury.

Workers' Compensation Appeals BoardCumulative Industrial InjuryTemporary Total DisabilityLabor Code §5814(a)Petition for ReconsiderationFindings and OrderReport and RecommendationCredibility AssessmentSubstantial EvidenceGood Faith Personnel Action
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
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