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

Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
Case No. ADJ4012402 (LAO 0862279)
Regular
Oct 20, 2011

DAVID RANGEL vs. COLE WILSON, INC.; ADMINISTAFF COMPANIES, INC.; SPECIALTY RISK PLEASANTON; CHARTIS COSTA MESA

The Workers' Compensation Appeals Board denied defendant's and applicant's petitions for reconsideration and granted the lien claimant's. The Board affirmed the original award, which found industrial injury to the applicant's right knee and back, awarded temporary and permanent disability, and imposed penalties for the employer's uninsured status and unreasonable delay in payments. However, the Board amended the award to allow the lien claimant's claim for $1,000 in living expenses.

ADJ4012402LAO 0862279Cole Wilson Inc.Adminstaff Companies Inc.Specialty Risk PleasantonChartis Costa MesaDavid RangelWorkers' Compensation Appeals BoardWCJFindings and Award & Order
References
Case No. ADJ3565194 (BAK 0139614)
Regular
Dec 04, 2015

TAMMY AGOSTA vs. VONS, A SAFEWAY COMPANY

The applicant sought reconsideration of a workers' compensation award of $61\%$ permanent disability for an industrial injury. She argued that the administrative law judge erred and that she should be found permanently totally disabled ($100\%$) based on vocational expert and medical evaluations. The Workers' Compensation Appeals Board denied her petition, adopting the WCJ's report. However, one commissioner dissented, arguing that the applicant's significant medical restrictions and vocational expert's opinion supported a finding of $100\%$ permanent disability.

AgostaVonsSafewayWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardadministrative law judgecumulative injuryright shoulderright upper extremity
References
Case No. ADJ7941094
Regular
Nov 17, 2016

DAVID HIGGINS vs. CITY OF LOS ANGELES

This case concerns the distribution of accrued workers' compensation benefits for the deceased David Higgins. The applicant's daughter, Lisa Higgins, petitioned for reconsideration after the Workers' Compensation Appeals Board (WCAB) awarded benefits equally to her and another individual, Deborah Spirithawk, who was found to be David Higgins' natural daughter. The WCAB denied the petition, upholding the original findings that both women were legal heirs entitled to equal shares, primarily based on the deceased's deposition testimony. The WCAB also noted procedural violations in the petition, including the improper attachment of documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.WCAB Rule 10842(c)Findings and AwardDavid HigginsCity of Los AngelesLisa HigginsDeborah Spirithawk
References
Case No. ADJ8178211, ADJ8178210
Regular
Oct 24, 2013

LANI NGUYEN vs. DAVID'S BRIDAL, INC.; SEDGWICK CLAIMS MANAGEMENT

In Lani Nguyen v. David's Bridal, Inc., the Workers' Compensation Appeals Board dismissed the Applicant's Petition for Removal. The Board found the petition to be untimely filed. Even if timely, the Board would have denied the petition on the merits, adopting the WCJ's reasoning. Therefore, the Petition for Removal was dismissed.

Petition for RemovalWCJ Report and RecommendationuntimelymeritsdismissedWorkers' Compensation Appeals BoardDavid's BridalSedgwick Claims ManagementADJ8178211ADJ8178210
References
Case No. ADJ3967688 (MON 0358312)
Regular
Aug 20, 2018

DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied David Smythe's Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that Smythe failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse final decision is issued. Therefore, the Board concluded that removal was not warranted.

Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationfinal decisionextraordinary remedyADJ3967688Pomona District Office
References
Case No. ADJ9635767
Regular
Jun 27, 2016

TOBY WILSON vs. KAISER PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied Toby Wilson's Petition for Reconsideration. The Board found applicant's attorney engaged in misconduct by raising new issues, misrepresenting facts, and relying on inadmissible evidence. Medical evidence failed to establish a work-related causation for the claimed left shoulder and hand injury due to inconsistencies and lack of medical certainty. The applicant did not meet her burden of proof, and the Board adopted the WCJ's report in its entirety.

Petition for ReconsiderationWCABKaiser PermanenteAthens AdministratorsToby WilsonFletcher Bernard BrownWCJ reportAppeals Board Rule 10842(a)sanctionsADJ9635767
References
Case No. ADJ6639658, ADJ6639756
Regular
Jan 24, 2012

DAVID LEYVA vs. CABRAL ROOFING & WATERPROOFING, LIBERTY MUTUAL INSURANCE COMPANY

This case involves applicant David Leyva's petition for reconsideration before the Workers' Compensation Appeals Board. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Finding no grounds to overturn the judge's prior decision, the Board denied reconsideration. Consequently, the applicant's request to revisit the case is rejected.

WORKERS' COMPENSATION APPEALS BOARDDAVID LEYVACABRAL ROOFING & WATERPROOFINGLIBERTY MUTUAL INSURANCE COMPANYADJ6639658ADJ6639756ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJ
References
Case No. LAO 858651
Regular
Jan 22, 2008

DAVID NISHIZAWA vs. MUHLHAUSER STEEL COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Muhlhauser Steel Company's petition for reconsideration of an award for applicant David Nishizawa's psychiatric injury. The Board adopted the WCJ's report finding the injury arose out of and in the course of employment and that defenses like the post-termination rule did not apply. The Board specifically excluded a non-citable case from the WCJ's reasoning, stating the decision was supported by substantial evidence.

Workers' Compensation Appeals BoardDavid NishizawaMuhlhauser Steel CompanyState Compensation Insurance FundLAO 858651Order Denying ReconsiderationWCJAuguster decisionpsychiatric injuryAOE/COE
References
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