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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. ADJ8411218
Regular
Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefits Trust Fund's petition for reconsideration. Applicant's petition was granted to amend the original Findings and Order. The Board found that PV Mart dba Buy Low Market, Inc. was not a special employer of the applicant, Rafael Becerra. Consequently, PV Mart and its insurer were dismissed as party defendants, and the applicant was deemed an employee of Keyanoosh Ghamari dba Code 3 Security at the time of injury.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundSpecial Employment RelationshipGeneral EmploymentBorrowing EmployerLending EmployerRight to ControlCredibility DeterminationBuy Low MarketCode 3 Security
References
Case No. ADJ7547124
Regular
Mar 27, 2017

JORGE VENCES vs. BORBON INC, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying a low back injury claim. The Board found that the Agreed Medical Examiner's deposition testimony, acknowledging a probable contribution of continuous work to the applicant's low back condition, constituted substantial evidence of injury arising out of and occurring in the course of employment. Consequently, the prior findings were rescinded, and a new finding establishing injury AOE/COE to the applicant's low back was substituted. All other issues were deferred.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeCumulative Trauma InjuryAgreed Medical ExaminerSubstantial EvidenceAOE/COEInjury to Low BackAggravation of Preexisting Condition
References
Case No. ADJ8883423; ADJ11327965
Regular
Feb 21, 2023

MICKEY THORNTON vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION, ALASKA NATIONAL INSURANCE COMPANY, LASSEN MUNICIPAL UTILITY DISTRICT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the finding of "new and further disability" to the applicant's low back stemming from a 2013 cervical spine injury. The Board found the current medical evidence insufficient to establish a causal link between the 2013 injury and the low back condition. Therefore, the issue of new and further low back disability is deferred for further development of the record with substantial medical evidence. The Board stressed its duty to ensure substantial justice by not leaving undeveloped matters.

New and further disabilityReconsiderationStipulated awardAgreed medical evaluatorSubstantial evidenceMedical opinionRecord developmentCervical spineLow back injuryApportionment
References
Case No. SAC 256953, SAC 256954, SAC 256955
Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

This case involves cross-petitions for reconsideration concerning an applicant's workers' compensation claims for upper back/neck, low back, and upper extremity injuries sustained as an airport shuttle driver. The Appeals Board granted both applicant's and defendant's petitions, largely affirming the WCJ's findings but amending several clerical and factual errors. Key amendments include correcting defendant identification, clarifying stipulation regarding the low back injury, adjusting attorney fees and liens, and crediting EDD payments against temporary disability indemnity.

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma
References
Case No. ADJ9176582
Regular
Feb 21, 2020

MARIA MORENO vs. GARROUTTE FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury to her left shoulder, left wrist, left hip, and low back, causing temporary and permanent disability. While the Board denied the defendant's petition regarding the low back injury and temporary disability, it deferred the issue of the permanent disability rating. This deferral includes a potential increase to the whole person impairment for pain, which will be determined at the trial level after further hearing. The Board confirmed an award for additional temporary total disability and further medical treatment.

ADJ9176582Petition for ReconsiderationFindings Award and OrderIndustrial InjuryLeft ShoulderLeft WristLeft HipLow BackTemporary DisabilityPermanent Disability
References
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
Case No. ADJ136720 (OXN 0147205)
Regular
Apr 24, 2009

ANGELA SMITH vs. WILSON ADMINISTRATIVE SERVICES, AIG COSTA MESA

This case involves a petition for reconsideration filed by Angela Smith. The Workers' Compensation Appeals Board has reviewed the petition and the report of the workers' compensation administrative law judge. For the reasons stated in the judge's report, the Board has denied Ms. Smith's petition. Therefore, the prior decision remains in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ136720ADJ403529Wilson Administrative ServicesAIG Costa MesaAngela SmithJames C. Cuneo
References
Case No. ADJ7850405
Regular
Jul 10, 2012

AMADOR PAPOCA vs. VILLA PACIFIC CONTRACTORS, INC., INSURANCE COMPANY OF THE WEST

This case concerns a petition for reconsideration filed by Amador Papoca regarding a Workers' Compensation Appeals Board decision from April 19, 2012. The petitioner has since withdrawn their petition. Consequently, the Board has issued an order dismissing the petition for reconsideration. The dismissal is effective as of the date of service, July 10, 2012.

Petition for ReconsiderationWithdrawnDismissalWorkers' Compensation Appeals BoardVilla Pacific ContractorsInsurance Company of the WestADJ7850405Pomona District OfficeFrank M. BrassRonnie G. Caplane
References
Case No. ADJ8286558
Regular
Oct 22, 2014

GENE CRISP vs. BEHAVIORAL HEALTH SERVICES, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the administrative law judge's order that took the case off calendar. The defendant argued that prior settled claims, involving low back injuries, did not need to be retried. The Board agreed that the prior cases' medical records are relevant to the current low back injury claim. The matter is returned to the trial level for reassignment and further proceedings.

Petition for RemovalStipulated AwardCumulative TraumaIndustrial InjuryQualified Medical EvaluatorPanel QMERescind OrderReset for TrialWorkers' Compensation Appeals BoardWCJ
References
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