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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ6921831, ADJ9093989
Regular
May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This order denies Kischa Loving's petition for reconsideration in two workers' compensation cases against the California Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board adopted the reasoning of the administrative law judge's report. No new evidence or arguments were presented to warrant overturning the original decision. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCalifornia Department of Corrections and RehabilitationVentura Youth Correctional FacilityState Compensation Insurance Fundadministrative law judgedenial of reconsiderationADJ6921831ADJ9093989
References
Case No. ADJ7837345
Regular
Jun 28, 2012

CAESAR ALCORDO vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision regarding Caesar Alcords' claim against the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The WCAB adopted the administrative law judge's report, which denied reconsideration. The key issue concerned custodial duties under Labor Code 3212.2, which the Board clarified is not limited to employees whose duties are *primarily* custodial.

WCABLabor Code 3212.2custodial dutiescorrectional employeesPetition for Reconsiderationdenial of reconsiderationReeves v. Workers' Comp. Appeals Bd.workers' compensation administrative law judgeADJ7837345Sacramento District Office
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ9782813
Regular
Feb 13, 2017

ELVINA BRYANT vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board granted reconsideration to address the Department of Corrections' due process claim. The Board vacated a prior award finding applicant sustained an industrial injury and remanded the case for further proceedings. This decision allows the defendant to present evidence that witness statements were timely provided despite their exclusion at trial. The defendant must also justify the late appearance of a rebuttal witness.

Workers' Compensation Appeals BoardDepartment of Corrections and Rehabilitationcorrectional officerindustrial injurypsychedue processwitness exclusiondiscoveryPre-Trial Conference StatementMandatory Settlement Conference
References
Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)
Regular
Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Patricia Young seeking workers' compensation benefits from the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board has reviewed. After considering the petition and the report of the administrative law judge, the Board has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardDepartment of Corrections and RehabilitationState Compensation Insurance FundAdministrative Law Judge reportDenying removalADJ1890563ADJ3098164SAC 0311772SAC 0357082
References
Case No. ADJ369983
Regular
May 08, 2012

KENNETH HASKILL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board denied the Department of Corrections and Rehabilitation's Petition for Removal. Removal is an extraordinary remedy rarely granted without a showing of substantial prejudice or irreparable injury, which was not demonstrated here. The Board found the petition lacked merit and that factual determinations regarding the applicant's benefits and a lien claimant's claim were necessary. Therefore, the matter will proceed to trial as scheduled.

Workers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable InjuryDepartment of Corrections and RehabilitationState Compensation Insurance FundAOE/COEPermanent DisabilityTemporary DisabilityStipulations
References
Case No. ADJ7451166
Regular
Nov 20, 2017

Roger Jaurequi vs. State of California, Department of Corrections and Rehabilitation; administered by State Compensation Insurance Fund

This case involves an applicant, Roger Jaurequi, seeking workers' compensation benefits from the State of California, Department of Corrections and Rehabilitation. The applicant filed a Petition for Reconsideration after an initial decision. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Ultimately, the Board denied the Petition for Reconsideration, adopting the reasoning of the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportState Compensation Insurance FundDepartment of Corrections and RehabilitationADJ7451166Riverside District OfficeInnovative Medical ManagementMonrovia Memorial Hospital
References
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