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

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. ADJ8635868
Regular
Nov 16, 2015

MARTINEZ ZAMUDIO vs. MI PUEBLO FOOD CENTER, SAFETY NATIONAL CASUALTY CORPORATION

In this workers' compensation case, the defendant sought reconsideration of a decision finding the applicant sustained industrial injuries and awarded 62% permanent disability. The defendant argued the original decision failed to address apportionment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, adopting the WCJ's recommendation. The WCAB deferred findings and awards regarding permanent disability and attorney's fees, affirming the original decision in all other respects. The case was returned to the WCJ for further proceedings on the deferred issues.

Petition for ReconsiderationFindings and Awardindustrial injurypermanent disabilityapportionmentdefer permanent disabilitydefer attorney's feesfurther medical treatmentreturned to WCJOpinion and Order Granting
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ6968292
Regular
Jul 19, 2013

ANDRES CASTILLO vs. C. W. HORTON GENERAL CONTRACTOR, MAJESTIC INSURANCE COMPANY, AMTRUST AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding the applicant's permanent disability rating for a left thumb injury. The Board found discrepancies between the treating physician's and QME's reports concerning the applicant's functional limitations and impairment rating. While the Board affirmed the denial of additional temporary disability, it deferred the permanent disability award and attorney fees pending further medical evaluation, specifically addressing whether to deviate from strict AMA Guides application per *Almaraz/Guzman*.

Workers Compensation Appeals BoardAndres CastilloC. W. Horton General ContractorMajestic Insurance CompanyAmtrust AmericaADJ6968292Stockton District OfficeOpinion and Order Granting ReconsiderationDecision After Reconsiderationpermanent disability
References
Case No. ADJ1030139 (STK 0203781)
Regular
Nov 19, 2014

GERALD REESE vs. MICRODENTAL LABORATORIES, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES

The Appeals Board granted reconsideration to review the permanent disability rating for applicant Gerald Reese, who sustained an industrial injury in 2006. The primary issue was whether to include a deconditioning impairment, rated by a PQME using analogy, into the permanent disability award. The Board affirmed the WCJ's decision but amended it to defer the issue of permanent disability for further proceedings. This deferral is to allow the WCJ to issue rating instructions based on the established legal framework for incorporating AMA Guides impairments, even those addressed by analogy.

PQMEdeconditioningAMA Guideswhole person impairmentanalogyLabor Code section 4660Almaraz/Guzman IIMilpitas Unified School Dist.City of Sacramento v. Workers' Comp. Appeals Bd.rating instructions
References
Case No. ADJ8023071
Regular
Jun 30, 2014

HORTENCIA CORDERO VELASQUEZ vs. ROSS STORES, INC.; ACE AMERICAN; ARCH INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case involved an applicant claiming injury to her neck and back. The Board granted the defendant's petition for reconsideration, agreeing that the statute of limitations was tolled because the employer failed to provide the applicant with proper notice of her workers' compensation rights. While affirming the finding of injury, the Board deferred issues of temporary disability and attorney's fees pending further development of the record. The matter was returned to the WCJ for additional proceedings.

Statute of limitationsTollingNotice of rightsDWC-1Claim formTemporary disabilityEmployment Development DepartmentReimbursementCumulative traumaSpecific injury
References
Case No. ADJ4046967
Regular
Jan 20, 2012

SANDRA VELASQUEZ vs. ALBERTSONS INC.

The Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the denial of injury to the left shoulder/psyche, the Board returned the matter for further proceedings on temporary disability. The Board noted potential jurisdictional issues regarding the five-year period for temporary disability claims. The case is remanded for a new decision from the WCJ on the deferred issue.

Workers' Compensation Appeals BoardAlbertson's Inc.Sandra VelasquezIndustrial Injury AOE/COELeft Shoulder InjuryPsyche InjuryPain DisorderFront End ManagerCashierJoint Stipulated Award
References
Case No. ADJ3325525
Regular
Sep 12, 2008

RODOLFO SALAZAR vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ's decision to delete Findings of Fact Numbers 6 through 9, to add a new Finding of Fact Number 6 deferring the issues of TD, applicant's average weekly wage and the EDD lien, and to delete paragraphs C and D of the Award. The issues of temporary disability, applicant's average weekly wage and EDD's lien are deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityAverage Weekly WageEmployment Development DepartmentState Disability BenefitsIndustrial InjuryApplicantDefendant
References
Case No. ADJ13806639
Regular
Oct 06, 2025

PATRICIA OROZCO vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, PROCENTURY INSURANCE COMPANY

Lien claimant Kenneth R. Mackie, applicant's former attorney, sought reconsideration of an order that reimbursed him for vocational expert evaluation costs but deferred penalties. The Appeals Board granted the petition for reconsideration, finding that Labor Code section 4622(a) was not applicable to the lien claimant. The Board affirmed the WCJ's amended order, but further amended it to defer both interest and penalties until the end of the case in chief.

Petition for ReconsiderationLien ClaimantVocational ExpertReimbursement of CostsPenaltiesInterestLabor Code Section 4622StandingDeferred IssuesDue Process
References
Case No. GRO 0034142
Regular
Jan 25, 2008

JOANNE WILLIAMS vs. DENNY'S CORPORATION, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, affirming the applicant's temporary disability indemnity rate based on her anticipated managerial salary. However, the Board deferred issues of credit for overpayments, penalties, and associated attorney's fees due to an undeveloped record regarding actual payments and the specific periods of temporary disability. The case is returned to the trial level for further proceedings on these deferred issues.

WCABReconsiderationTemporary Disability IndemnityPenaltyAttorney's FeesEarnings CalculationEarning CapacityLabor Code 4453GoytiaKyllonen
References
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