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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ1058308 (VNO 0482296)
Regular
May 28, 2013

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELERS INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case involves a workers' compensation appeal where the defendants seek reconsideration of a prior award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The primary grounds for this decision were that the defendants were denied due process by not being given an opportunity to cross-examine the rating rater and that the award relied on outdated medical reports. The WCAB also suggested obtaining current medical evaluations due to the time elapsed since the original reports.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardAttorney FeesPermanent Disability RatingApportionmentIndustrial InjuryLumbar SpineTreating PhysiciansMedical Reports
References
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
Case No. ADJ273405 (WCK 0060645)
Regular
Nov 09, 2011

MARILANI WRIGHT vs. CPN CORPORATION, FARMERS INSURANCE

The applicant sought reconsideration to cross-examine a Disability Evaluator regarding a prior permanent disability rating. The Appeals Board granted reconsideration, rescinded its previous award, and ordered a hearing for the cross-examination. However, this hearing did not occur, and the Workers' Compensation Judge (WCJ) improperly approved a stipulated award. The Appeals Board, while acknowledging the WCJ exceeded their authority, will affirm the stipulated award to finalize the settlement.

Workers' Compensation Appeals BoardReconsiderationDisability EvaluatorCross-examinationPetition to ReopenPermanent Disability RatingStipulations with Request for AwardRule 10862Excess of JurisdictionInterlocutory Orders
References
Case No. VNO 458657
Regular
Sep 11, 2007

DONALD MUMFORD vs. CITY OF ALHAMBRA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This action was taken because the defendant's due process rights were violated when the WCJ simultaneously issued findings and award with a recommended disability rating, preventing the defendant from objecting or requesting cross-examination of the rater. The Board determined that parties must be afforded the statutorily required seven days to object to a rating before a case is submitted for decision.

Workers' Compensation Appeals BoardDonald MumfordCity of AlhambraPolice OfficerIndustrial InjuryHeartLumbar SpineLeft ShoulderHypertensionPermanent Disability
References
Case No. ADJ3562782
Regular
Oct 14, 2009

HALINA KROLICKI vs. SOURCE INTERLINK, SENTRY INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the Findings and Award of July 30, 2009, and returned the matter for further proceedings due to the trial judge's failure to allow cross-examination of the rating specialist.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryMagazine MerchandiserTemporary DisabilityPermanent DisabilityMedical TreatmentSelf-Procured Medical TreatmentSubstantial Medical Evidence
References
Case No. ADJ6622799
Regular
Oct 18, 2013

TERRY A. WIRTH vs. STATE OF CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns the denial of a Petition for Reconsideration filed by the defendant, the State of California Highway Patrol. The applicant, Terry A. Wirth, suffered a continuous trauma injury (prostate cancer) leading to urinary and erectile dysfunction. The Appeals Board adopted the Workers' Compensation Judge's report, finding that the date of injury was in 2008, determining the applicable permanent disability compensation rate based on that date. The Board also found ample evidence supporting the agreed medical examiner's impairment ratings for the applicant's post-surgical conditions, dismissing the defendant's objections.

Workers' Compensation Appeals BoardState of California Highway PatrolState Compensation Insurance FundPetition for ReconsiderationPermanent disability compensation rateLabor Code section 5412Urinary incontinenceErectile dysfunctionCommon postprostatectomy symptomsWhole person impairment ratings
References
Case No. VNO 0397500, VNO 0538311
Regular
Sep 18, 2007

Rachel Akman vs. Ronald Faulk, Esq., Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration because the defendant, Ronald Faulk, was denied due process by not being allowed to cross-examine the disability evaluator. The Board found that defendant's objection was timely filed under Code of Civil Procedure section 1013, extending the response time by five days. Therefore, the prior award was rescinded and the case returned to the trial level for further proceedings, including the cross-examination of the evaluator.

Workers Compensation Appeals BoardRonald Faulk EsqUninsured Employers Benefits Trust FundJoint Findings and Awardindustrial injuriesbilateral upper and lower extremitiesbackneckknees72% permanent disability
References
Case No. ADJ2266211 (GOL 0101534)
Regular
Dec 28, 2009

Miles Wallace vs. BELLAGIO & BACK DOOR BOARD SHOP, CNA CLAIMPLUS for VALLEY FORGE (PORTLAND)

Reconsideration granted; case returned to trial level to re-rate applicant's permanent disability and address other issues due to inadequate explanation of the basis of the original decision and lack of cross-examination of the DEU rater.

Permanent Disability RatingOccupational Group NumberFactors of DisabilityWork RestrictionsDEU RaterCross-examinationMedical ReportingWorkers' Compensation Appeals BoardFindings and AwardReconsideration
References
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