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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3196685 (PAS 0043967)MF ADJ2175299 (PAS 0043966)
Regular
Oct 02, 2019

ALICIA SZUMAN vs. JAY NOLAN COMMUNITY SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of HIH INSURANCE in liquidation, administered by INTERCARE, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORT SERVICES

This case involved applicant Alicia Szuman alleging cumulative and specific injuries as a home health provider resulting in multiple physical and psychological conditions. The administrative law judge initially awarded permanent total disability against the State of California, Department of Social Services (DSS), dismissing CIGA, which defendant DSS sought to overturn. The parties subsequently reached a Compromise and Release agreement for $618,313, providing an annuity and lump sum payment to the applicant. The Workers' Compensation Appeals Board approved this agreement, rescinding the prior award and deeming the settlement adequate and in the applicant's best interest.

COMPROMISE AND RELEASECALIFORNIA INSURANCE GUARANTEE ASSOCIATIONHIH INSURANCEINTERCAREDEPARTMENT OF SOCIAL SERVICESIN-HOME SUPPORT SERVICESYORK SERVICES GROUPCUMULATIVE INJURYPERMANENT TOTAL DISABILITYPERMANENT PARTIAL DISABILITY
References
Case No. ADJ8216409
Regular
Jan 20, 2015

NORMA FLORES vs. DEPARTMENT OF SOCIAL SERVICES/IHSS, YORK RISK SERVICES

In *Flores v. Department of Social Services/IHSS*, the Workers' Compensation Appeals Board (WCAB) dismissed an applicant's petition for reconsideration as untimely. The petition was filed on November 26, 2014, more than twenty-five days after the WCJ's decision was served on October 20, 2014. The WCAB emphasized that the filing deadline for a petition for reconsideration is jurisdictional. Therefore, the Board lacked the authority to grant the petition, regardless of its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitWCJ Report and RecommendationDismissalService of DecisionMailing ExtensionCode of Civil Procedure Section 1013
References
Case No. ADJ6891058
Regular
Jul 16, 2015

Robin Hill vs. California Department of Social Services

This order dismisses Robin Hill's Petition for Reconsideration in the workers' compensation case against the California Department of Social Services. The Workers' Compensation Appeals Board adopted and incorporated the reasoning of the Workers' Compensation Administrative Law Judge's report. Therefore, the petition is officially dismissed by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal OrderWorkers' Compensation Administrative Law JudgeWCJ ReportCalifornia Department of Social ServicesYork Risk Services GroupADJ6891058Riverside District OfficeMarguerite Sweeney
References
Case No. ADJ647263 (MON 0206252) ADJ442715 (MON 0179484) ADJ8283867
Regular
Jul 25, 2013

SHARON HORNSBY vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES and DEPARTMENT OF MOTOR VEHICLES, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking workers' compensation benefits for multiple injuries across different dates of injury involving the Department of Social Services and the Department of Motor Vehicles, adjusted by the State Compensation Insurance Fund. The defendants have petitioned for reconsideration of a decision that found the applicant 100% disabled. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues involved. The Board will issue a decision after this further review, which may include additional proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationLegally UninsuredState Compensation Insurance FundDepartment of Social ServicesDepartment of Motor VehiclesApplicantDefendantAdministrative Law Judge
References
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
Case No. ADJ7883834
Regular
May 15, 2019

TERESA CONCHA vs. COUNTY OF LOS ANGELES DEPARTMENT OF SOCIAL SERVICES, MEXICAN AMERICAN OPPORTUNITY FOUNDATION, STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES IHSS, CARLOS LIMON, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This Workers' Compensation Appeals Board case involves Teresa Concha and multiple defendants, including the County of Los Angeles Department of Social Services. The County initially disputed an employee-employer relationship, despite its funding of applicant's childcare services. The parties have now reached a settlement, prompting the Board to rescind a prior order. The case is returned to the trial level for finalization of the compromise and release agreement.

Workers' Compensation Appeals BoardCalWORKsemployee-employer relationshipsettlement agreementcompromise and releaserescinded findingsreturned to trial levelPetition for ReconsiderationJoint Report and RecommendationEAMS
References
Case No. ADJ6650878
Regular
Dec 09, 2015

BRIDGETTE HUNTER vs. DEPARTMENT OF SOCIAL SERVICES IHSS; YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied Bridgette Hunter's Petition for Reconsideration regarding her Stipulated Award for industrial injuries to her spine and psyche. The Board adopted the findings of the Administrative Law Judge, who recommended denial. Although the ALJ noted the petition might be untimely, the Board found insufficient proof of service to make that determination, thus denying reconsideration on other grounds. The applicant's claims of fraud, excess of power, and insufficient evidence were rejected as the award was based on agreed-upon Agreed Medical Evaluator reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulated Awarduntimely filingproof of serviceAME reportsBridgette HunterDepartment of Social Services IHSSYork Risk Services GroupWorkers' Compensation Administrative Law Judge
References
Case No. ADJ7683164
Regular
Jan 24, 2012

JACQUELIN RODRIGUEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration in Jacquelin Rodriguez's case. They affirmed the original decision dated November 9, 2011. However, the Board amended the case caption. The applicant's employer, the Department of Social Services, was correctly identified as legally uninsured with State Compensation Insurance Fund as the adjusting agency.

Workers' Compensation Appeals BoardApplicantLegally UninsuredAdjusting AgencyReconsiderationWCJDecision After ReconsiderationAffirmAmendCaption
References
Case No. ADJ10223508
Regular
Jul 25, 2017

ELLA YEGHIAZARYAN vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES-IHSS, YORK RISK SERVICES GROUP

This case concerns a workers' compensation claim where the defendant sought reconsideration of an original award finding temporary total disability and setting an indemnity rate. The parties subsequently agreed to stipulate to a revised date of injury and a new, lower weekly indemnity rate for temporary total disability. The Appeals Board granted reconsideration and amended the original award to reflect these stipulations, otherwise affirming the WCJ's original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersWorkers' Compensation JudgeTemporary Total DisabilityDate of InjuryAverage Weekly WageIndemnity RateIn-Home Supportive ServicesState of California Department of Social Services
References
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