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

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. ADJ10815810
Regular
May 06, 2019

Derrell Meek vs. Corcoran State Prison, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision, overturning the finding of 86% permanent disability. The Board found that the physician's initial assessment of 75% whole person impairment for hypertensive cardiovascular disease, as per the AMA Guides, was appropriate. This 75% impairment was then adjusted to permanent total disability, recognizing that the scheduled rating adequately addressed the applicant's condition. The decision ultimately awarded permanent total disability indemnity and ongoing medical treatment.

Workers' Compensation Appeals BoardCorcoran State PrisonState Compensation Insurance FundDerrell Meekcorrectional officercirculatory systempermanent disabilityMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)alternative impairment analysisAMA Guides
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. 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
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ10828637, ADJ10828639
Regular
Nov 07, 2019

DAVID VALDIVIA vs. KLS WORLDWIDE CHAUFFEURED SERVICES, BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board denied David Valdivia's Petition for Removal. Removal is an extraordinary remedy, only granted if substantial prejudice or irreparable harm will result from denial, and reconsideration would be inadequate. The Board found the petitioner failed to demonstrate these grounds based on the WCJ's report. Additionally, the Board admonished the lien claimant's attorney for violating procedural rules regarding exhibit submission and page limitations.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationlien claimantSaam AhmadiniaWCAB Rule 10842(c)Administrative Director Rule 10205.12(10)
References
Case No. ADJ9221607
Regular
Nov 30, 2015

DAVID ALVISO vs. CSATF, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/ STATE CONTRACTS SERVICES

This order denies David Alviso's petition for reconsideration in his workers' compensation case against CSATF and its insurer. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the WCAB found no grounds to grant reconsideration of the prior decision.

ADJ9221607CSATF Legally UninsuredState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDeniedDavid AlvisoState Contracts ServicesFresno District Office
References
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