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

Case No. ADJ10129038, ADJ7518514, ADJ7762269
Regular
Oct 09, 2017

RAMON NEVAREZ vs. UNITED PARCEL SERVICE, INC., LIBERTY MUTUAL INSURANCE COMPANY

Defendant UPS sought reconsideration of a decision deferring the issue of injury to the applicant's right forearm and shoulder. The Board dismissed the petition because reconsideration can only be sought from a "final" order. Deferring an issue, as done in this case, does not determine substantive rights or liabilities, nor does it resolve a threshold issue. Therefore, the order deferring the injury issue was not a final decision, making the petition for reconsideration improper and subject to dismissal.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightLiabilityThreshold IssueWorkers' Compensation Appeals BoardMedical EvidenceBody Part InjuryLibery Mutual Insurance Company
References
4
Case No. ADJ9067297
Regular
Dec 02, 2014

GUILLERMINA VILLAVICENCIO vs. IVY HILL/CINRAM, SENTRY SELECT INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Guillermina Villavicencio's admitted industrial injury to her low back. The Board found insufficient evidence to determine psychiatric permanent disability, deferring this issue and requiring further record development regarding permanent disability, apportionment, and medical treatment for her sleep disorder. The case is returned to the trial level for further proceedings and a new decision by the WCJ on these deferred issues. A dissenting commissioner agreed with deferring sleep disorder issues but would have affirmed the WCJ's finding of no psychiatric permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryLow BackMachine OperatorPsycheSleep DisorderPermanent Disability
References
3
Case No. ADJ8915041, ADJ9546715
Regular
Nov 28, 2017

ADRIANA MARTINEZ DE ANAYA vs. QUIKSILVER, INC., ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to address an applicant's petition regarding an improperly issued award. The Board affirmed the prior findings but amended the decision to defer the issue of attorney's fees and the issuance of a formal award. The case is returned to the administrative law judge for further proceedings to address these deferred issues.

WCABPetition for ReconsiderationJoint Findings of Fact and AwardWCJADJ8915041ADJ9546715low back injuryright shoulder injuryneck injuryleft elbow injury
References
0
Case No. RIV 054592
Regular
Nov 16, 2007

LOURDES CERVANTES vs. CARL'S JR. ENTERPRISES, ST. PAUL'S TRAVELERS INSURANCE

The Appeals Board granted reconsideration of a prior award, amending it to defer the issue of applicant's attorney's fees from EDD's lien recovery. This was due to the WCJ failing to issue a Notice of Intention to award such fees, violating EDD's due process rights. The Board also deferred the issue of whether EDD is entitled to interest on its lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings Award and OrderTemporary disability indemnityAttorney's feesLabor Code section 4903.2Notice of Intention (NIT)Unemployment Insurance Code section 2629.1(e)Industrial injury
References
0
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
1
Case No. ADJ1924300 (OAK0321948)
Regular
Jun 30, 2010

MICHAEL RIDER vs. THE HOME DEPOT, HELMSMAN MANAGEMENT WEST SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration to rescind a finding of increased permanent disability and return the case to the trial level. The Board agreed that further medical record development was needed to address potential cumulative trauma injury and apportionment issues. Specifically, the applicant's permanent disability finding was deferred pending a supplemental report from a Qualified Medical Evaluator. This action aims to avoid bifurcating issues while the deferred issues are resolved.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityReopenStipulated AwardCumulative TraumaSpecific InjuryRes JudicataPanel Qualified Medical Evaluator
References
2
Case No. ADJ10168186 ADJ10168303
Regular
Mar 17, 2020

JOSEFINA VALDIVIA vs. KING MEAT, INC., ACE/ESIS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Josefin Valdivia's claims against King Meat, Inc. and ACE/ESIS. While affirming the January 10, 2020 decision, the WCAB amended it to defer specific issues. The determination of whether the injury arose out of and occurred in the course of employment (AOE/COE) is deferred. Furthermore, issues regarding permanent disability and entitlement to future medical treatment are also deferred.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardPermanent DisabilityFuture Medical TreatmentWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ9054986
Regular
Nov 04, 2015

CARLOS GARCIA vs. KEY ENERGY SERVICES, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves a remand from the Fifth District Court of Appeal to the Workers' Compensation Appeals Board (WCAB). The WCAB is reconsidering a prior award and amending it to defer issues of earnings rate, temporary disability indemnity rate, and total temporary disability indemnity. These deferred issues will be determined by the workers' compensation judge (WCJ) based on the parties' proposed stipulations. The matter is returned to the WCJ to approve the stipulations and issue a new award accordingly.

Workers' Compensation Appeals BoardFifth District Court of AppealRemandStipulationFindings and AwardEarnings RateTemporary Disability IndemnityRescindReconsiderationWorkers' Compensation Judge
References
0
Case No. ADJ11381920; ADJ11381922
Regular
Jun 13, 2025

GLORY NANEZ vs. PASADENA UNIFIED SCHOOL DISTRICT, LWP CLAIMS SOLUTIONS, INC.

The defendant, Pasadena Unified School District, sought reconsideration of a WCJ's Findings, Award and Order issued on March 10, 2025, concerning an AME's report liability and the adjudication of accrued temporary disability. The defendant contended that deferring the AME's bill was unsupported and that adjudicating temporary disability without prior notice violated due process. The Appeals Board granted reconsideration, amending the F&O to defer the issues of accrued temporary disability benefits and applicant's attorney fees, agreeing that these issues were not properly raised for trial, thereby affirming the WCJ's decision on the medical-legal reimbursement.

Agreed Medical EvaluatorPetition for ReconsiderationFindings Award and OrderPermanent Disability IndemnityTemporary Disability IndemnityAccrued Temporary DisabilityAttorney FeesDue ProcessPre-Trial Conference StatementMinutes of Hearing
References
9
Case No. ADJ10065069
Regular
May 16, 2018

MARCIA FARRAR vs. STATE OF CALIFORNIA, UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of injury arising out of and occurring in the course of employment (AOE/COE) to the applicant's right upper extremity. Defendant argued that no evidence supported injury to other alleged body parts and that the WCJ should have made findings on those parts instead of deferring the issue. The WCAB denied reconsideration, affirming the WCJ's decision to limit the trial to the threshold issue of right upper extremity injury AOE/COE. The WCAB found Dr. Amster's opinion constituted substantial evidence for the right upper extremity injury and that the WCJ acted within their authority by deferring other issues.

Workers' Compensation Appeals BoardAOE/COEQualified Medical ExaminerReconsiderationCumulative TraumaRepetitive Strain InjuryPreexisting ConditionAggravationContributing CauseMandatory Settlement Conference
References
7
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