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

Case No. ADJ16120106
Regular
Sep 29, 2025

DARRELL TOLE vs. ZURICH AMERICAN INSURANCE COMPANY, COTTINGHAM AND BUTLER CLAIMS SERVICES, BIAGI BROTHERS INCORPORATED

Defendant filed a Petition for Reconsideration of the Findings, Award and Orders (FA&O) issued July 2, 2025, which found a closed period of temporary disability for applicant Darrell Tole, a truck driver who sustained injury to bilateral knees on February 18, 2022. The defendant argued that the finding of temporary disability required contemporaneous medical reporting. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report that PQME chiropractor Michaels' medical opinion, supported by medical and testimonial evidence, constituted substantial evidence for the temporary disability period. The WCAB also noted the WCJ's credibility determination was given great weight.

WORKERS' COMPENSATION APPEALS BOARDDARRELL TOLEZURICH AMERICAN INSURANCE COMPANYBIAGI BROTHERS INCORPORATEDPetition for ReconsiderationFindings Award and Orderstemporary disabilitycontemporaneous medical reportingWCJ Report and RecommendationLabor Code section 5909
References
Case No. VNO 388892, VNO 388897
Regular
Dec 21, 2007

DARRELL BOWEN vs. GALPIN MOTORS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Darrell Bowen's claim against Galpin Motors and Liberty Mutual. While affirming the original decision, the Board amended one finding of fact to assess a 25% penalty for unreasonable delay in providing medical treatment, not exceeding $10,000. The parties were directed to adjust this penalty with jurisdiction reserved.

Workers' Compensation Appeals BoardReconsiderationWCJ reportMedical treatment delayPenalty assessmentUnreasonably delayedJurisdiction reservedOpinion and OrderDecision After ReconsiderationFindings of Fact
References
Case No. ADJ1889994
Regular
Oct 28, 2010

DARRELL FULLINGTON vs. TAMPA BAY BUCCANEERS

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the applicant's case has been settled. The Board rescinded the prior findings and award and returned the matter to the trial level. This allows the judge to approve the settlement, or if not approved, the original decision can be reinstated and reconsidered.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial Level ProceedingsFindings and AwardWorkers' Compensation Administrative JudgeSettlement ApprovalFurther ProceedingsPetition for ReconsiderationDefendant's Letter
References
Case No. ADJ7976729
Regular
Dec 29, 2017

DARRELL YOUNG vs. SOLARPONICS, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Darrell Young, whose Petition for Reconsideration and Removal has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Consequently, reconsideration is denied, and the removal is dismissed.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJ reportdenying reconsiderationdismissing removalSOLARPONICSINC.GALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ10177344
Regular
May 16, 2016

DARRELL WOODS vs. NORTH COUNTY FIRE PROTECTION DISTRICT

Applicant Darrell Woods sought reconsideration of a WCJ's decision denying additional temporary disability indemnity beyond five years from his January 4, 2011 industrial injury. The WCJ correctly found that Labor Code section 4656(c)(2) limits temporary disability payments to 104 weeks within a five-year period from the date of injury. Unlike precedent cited by the applicant, no stipulation was made within the five-year window to continue discovery on temporary disability entitlement. Therefore, the Appeals Board denied the petition for reconsideration, affirming the WCJ's decision.

Labor Code section 4656(c)(2)temporary disability indemnitydate of injuryfive year limitationpetition for reconsiderationindustrial injuryheart injuryhypertensionparamedic/engineersalary continuation
References
Case No. ADJ1577836
Regular
May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.
References
Case No. ADJ195920 (FRE 0239875) ADJ8378632
Regular
Apr 15, 2015

Darrell Coufal vs. Osmse, Ace America

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal regarding the WCJ's February 2, 2015 decision. The WCAB affirmed the original decision but amended it to allow Ms. Cheryl Jolley Smith the opportunity to reconstruct the file electronically. If electronic reconstruction is not possible, she is ordered to subpoena the records at her own expense. This order ensures the integrity and accessibility of the case file.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJ's reportreconstruct the filesubpoenaing recordsexpenseelectronic reconstructioncase fileapplicant
References
Case No. ADJ10063328
Regular
Feb 26, 2016

DARRELL MARLOW vs. DOLE FOOD COMPANY, INC.

Dole Food Company sought removal of an order that took a denied claim off calendar, arguing it was prejudiced by an improper Panel QME appointment. However, the Workers' Compensation Appeals Board (WCAB) dismissed Dole's petition. This dismissal was because the parties subsequently agreed to a full settlement via Compromise and Release, which was approved by the WCJ. Therefore, Dole's petition became moot and was accordingly dismissed.

Petition for RemovalOrder Dismissing PetitionPanel Qualified Medical EvaluatorSpecialty DisputeExpedited HearingCompromise and ReleaseOrder Approving Compromise and ReleaseMootnessWorkers' Compensation Appeals Board
References
Case No. ADJ1727613 (OAK 0312236) ADJ1513016 (OAK 0320359)
Regular
Oct 20, 2008

DARRELL JACKSON vs. LAIDLAW TRANSIT, AMERICAN HOME ASSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration because the original decision improperly attributed applicant's permanent disability solely to the July 19, 2001 injury, lacking substantial medical evidence for apportionment between the two industrial injuries. The Board rescinded the prior award and returned the case for further record development regarding causation and apportionment of permanent disability between the 2001 and 2002 injuries. The trial judge must now ensure that medical opinions adequately explain their conclusions on how each injury contributed to the applicant's permanent disability before issuing a new decision.

Workers' Compensation Appeals BoardReconsiderationJoint Findings Award OrderIndustrial InjuryBus DriverSpine InjuryShoulder InjuryKnee InjuryPermanent DisabilityApportionment
References
Case No. ADJ3891982 (LAO 0855558)
Regular
Nov 20, 2015

DARRELL MOORE vs. HOUSING AUTHORITY OF LOS ANGELES, YORK VALENCIA

This case involves a petition for reconsideration filed in a workers' compensation matter. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely, having been filed more than 25 days after the administrative law judge's decision. The WCAB emphasized that filing is determined by receipt, not mailing date, and this jurisdictional deadline means they cannot consider untimely petitions. Supplemental filings were also rejected for failing to comply with procedural rules.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitService by MailWCJ DecisionCode of RegulationsSupplemental CorrespondenceDismissal OrderCase Number
References
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