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

Case No. ADJ7390437
Regular
Mar 30, 2012

MARIA DUARTE vs. SHAKEY'S USA, INC., THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's findings, amending the order to find injury only to the applicant's right knee, with other body parts deferred. While affirming the WCJ's general findings, the Board found insufficient substantial medical evidence to support a finding of injury to the applicant's low back. The case is returned to the trial level for further proceedings regarding the deferred body parts. The Board also accepted the applicant's late-filed answer to the petition for reconsideration in its discretion.

AOE/COEReconsiderationFindings and OrderSubstantial Medical EvidenceMedical HistoryDeferred Body PartsApplicant TestimonyWitness TestimonyMedical RecordsCausation
References
7
Case No. ADJ286062 (OAK 0307695)
Regular
Apr 06, 2009

RICHARD BARTON vs. USS POSCO INDUSTRIES, USK CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision finding applicant sustained industrial injuries to his neck, right shoulder, and arms. The Board amended the decision to defer the issue of back injury and certain sanctions. Defendant challenged the original decision, arguing the WCJ erred in finding a back injury, a $\S 132(\text{a})$ violation, and in relying on a specific doctor's report. The Board adopted the WCJ's report, granting reconsideration to amend the findings and deferring those specific issues.

Workers' Compensation Appeals BoardLabor Code § 132(a)Petition for ReconsiderationDecision After ReconsiderationApplicantDefendantIndustrial InjuryLaborerPrimary Treating PhysicianSecondary Treating Physicians
References
0
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. OAK 0307575, WCK 0071875
Regular
Aug 08, 2008

MICHAEL MOHRING vs. ALL HEATING AND SHEET METAL CO.,, CIGA by its servicing facility BROADSPIRE for LEGION INSURANCE CO., in liquidation, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the issue of which permanent disability rating schedule applies is deferred, not decided. The Board amended the original findings to expressly defer this issue pending further medical record development concerning permanent disability and apportionment. The WCJ's prior discussion of the rating schedule in her opinion did not constitute a final finding for review.

WORKERS' COMPENSATION APPEALS BOARDCIGALIQUIDATIONSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND ORDERJOINT FINDINGS AND ORDERADMINISTRATIVE LAW JUDGESPECIFIC INJURYCUMULATIVE TRAUMAPERMANENT DISABILITY
References
0
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
0
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. ADJ7535873
Regular
Dec 24, 2012

INES NAJARO vs. FLUE STEAM, INC., STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's workers' compensation claim against Flue Steam, Inc. The initial WCJ found the applicant was an employee and sustained an industrial injury. The defendant sought reconsideration, arguing the applicant was an independent contractor and that the injury issue was deferred. The Board granted reconsideration, rescinded the finding of industrial injury because it was deferred, but affirmed the finding that the applicant was an employee based on the right-to-control test and other factors.

Workers' Compensation Appeals BoardIndustrial InjuryEmployee vs. Independent ContractorLabor Code Section 3351Labor Code Section 3353Labor Code Section 3357Right-to-Control TestBorello FactorsAOE/COEPetition for Reconsideration
References
5
Case No. ADJ4445446 (AHM0122055)
Regular
Sep 29, 2017

ANTHONY TUCKER vs. DIEBOLD, INC., ZURICH NORTH AMERICA, BROADSPIRE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, returning the case to the trial level. This decision defers findings on the applicant's earnings, temporary disability rate, and potential penalties. The original award for future medical treatment is affirmed, but the case will be reheard to address the deferred issues. The WCJ may then make new findings and issue an award for temporary and permanent disability.

Workers' Compensation Appeals BoardDieboldInc.Zurich North AmericaBroadspireFindings and AwardPetition for ReconsiderationAdministrative Law JudgeTemporary DisabilityLabor Code 4650
References
1
Case No. ADJ10623769
Regular
Nov 13, 2017

HAKOP SAFARYAN vs. ICC COLLISION CENTER, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision that found applicant sustained industrial injuries. The Board deferred the issues of industrial injury and statute of limitations, finding the existing medical evidence inconclusive and the record insufficiently developed. However, the Board affirmed the finding that the defendant failed to prove the post-termination defense. The case is returned to the trial level for further proceedings to develop the record on the deferred issues.

ADJ10623769Petition for ReconsiderationFindings of FactIndustrial InjuryStatute of LimitationsPost-Termination DefenseCumulative TraumaBurden of ProofSubstantial EvidenceMedical Causation
References
0
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
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