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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. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ1283525
Regular
May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings due to insufficient evidence regarding the decedent's employer. The WCAB found conflicting testimony and lack of clear evidence establishing employment with Rick Plano Stables on the alleged date of injury. The matter was remanded to properly substitute the surviving spouse as the applicant and to develop the record on the employer's identity and the date of injury.

Workers' Compensation Appeals BoardDecedent's spouseReconsiderationFindings and OrderSubstantial evidenceDevelop the recordInsufficient evidenceConstitutional mandateDevelop the recordUninsured Employers Benefit Trust Fund
References
Case No. ADJ8788440
Regular
May 12, 2014

ROBERT WATSON vs. NOR-CAL MOVING SERVICES, VANLINER INSURANCE COMPANY

Applicant Robert Watson sought reconsideration of a Workers' Compensation Appeals Board (WCAB) finding that denied temporary disability benefits from August 27, 2013. The applicant argued that his treating physician's records constituted substantial evidence of his inability to perform modified duty, and that the WCJ should have developed the record further. The majority of the WCAB denied reconsideration, adopting the WCJ's report that found no substantial evidence to support the claim. However, one Commissioner dissented, arguing that the record should be further developed to clarify the treating physician's opinion on the applicant's ability to comply with employer-offered travel arrangements, which was the core dispute.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Facttemporary disability indemnitymodified dutysubstantial evidencedevelop the recordtreating physicianadministrative law judgedissenting opinion
References
Case No. ADJ3042475 (SAL 0116557)
Regular
Apr 19, 2010

JEFFREY SIBAYAN vs. CITY OF GONZALES, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical record regarding the applicant's heart condition and hypertension inadequate. While the statutory presumption of industrial heart trouble for police officers was applicable, the Board found conflicting medical opinions and insufficient evidence to determine if a compensable injury had occurred. The case is returned to the trial level for further medical development and a new decision by the WCJ.

Labor Code section 3212.5heart trouble presumptionpolice officerindustrial injurycardiovascular systemhigh blood pressureventricular hypertrophypresumption rebuttalmedical record inadequacysecond opinion
References
Case No. ADJ6894877
Regular
Aug 08, 2011

JOSHUA MUNSON vs. 400 MOBILE ESTATES, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

This case concerns a defendant's petition for removal following an order to develop the record on temporary and permanent disability for an applicant injured in 2009. The defendant argued there was insufficient medical evidence and the applicant failed to meet burdens of proof. The Workers' Compensation Appeals Board denied the petition, finding removal an extraordinary remedy not justified by the circumstances. The Board affirmed the Administrative Law Judge's decision to develop the record, noting insufficient substantial evidence existed for a decision, and also addressed related statutory issues.

Petition for RemovalWorkers' Compensation Appeals BoardTemporary DisabilityPermanent DisabilityPermanent Disability Rating ScheduleBurden of ProofMedical EvidenceDevelop the RecordFindings and AwardPetition for Reconsideration
References
Case No. ADJ3581423 (VNO 0484326)
Regular
Oct 24, 2008

GISELA CURIEL vs. REMAX, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings due to a deficient record. The initial decision lacked a clear summary of issues, stipulated evidence, and admitted exhibits, failing to meet the requirements for a proper trial record as outlined in *Hamilton v. Lockheed*. Therefore, the matter must be remanded to develop the record and allow the WCJ to issue a new decision.

AOE/COEPetition for ReconsiderationFindings and AwardReal Estate AgentIndependent ContractorTemporary Disability Indemnity (TDI)Mandatory Settlement Conference (MSC)StipulationDevelop the RecordInadequate Record
References
Case No. ADJ9292894
Regular
Jul 20, 2018

ELMER G. ARCHILA-GRACIA vs. GREENVIEW LANDSCAPE AND DESIGN LLC, STATE COMPENSATION INSURANCE FUND

Here's a summary of the case for a lawyer: The WCAB granted reconsideration and rescinded a prior order disallowing a lien claim due to a lack of record. The trial judge found no jurisdiction because no evidence of an employment relationship was adduced, but the Appeals Board found the record lacked required findings, evidence summaries, and admitted evidence. Consequently, the matter was returned to the trial level to develop the record on the employment issue and adjudicate the lien claim.

WCABLien ClaimantReconsiderationFindings and OrderJurisdictionEmployment RelationshipLabor Code Section 5313Substantial EvidenceDue ProcessDevelop the Record
References
Case No. ADJ8269580
Regular
Nov 30, 2015

RALPH LARUE vs. SANTA CLARA VTA, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinding the prior award that allowed the Employment Development Department (EDD) a $2,300 lien. The WCAB found the record lacked sufficient evidence to establish EDD's lien, as defendant argued EDD failed to prove benefits were for the same industrial injury. The Board clarified that EDD's lien attaches to permanent disability caused solely by the industrial injury, not to the apportionment of disability. The case is remanded for further proceedings to develop the record on EDD's lien claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardEmployment Development Department (EDD)Lien ClaimPermanent Disability IndemnityApportionmentLabor Code 4904(b)Causation of InjuryCausation of Disability
References
Case No. ADJ13111007
Regular
Oct 13, 2025

CHARLES MISERENDINO vs. CLUB DEMONSTRATION SERVICES, INC.; QBE SPECIALTY INSURANCE

Applicant filed a petition for removal from an order taking the matter off calendar, issued on September 10, 2024, by the WCJ. Applicant contended that the issue of additional panels was ripe for adjudication. The Appeals Board granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development, thus constituting irreparable harm. Consequently, the Board rescinded the September 10, 2024 order and returned the matter to the trial level to create a record, refraining from making a judgment on the warrant for additional panels without a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdjudicationDue Process ViolationIrreparable HarmSubstantial PrejudiceWCJ ReportRescind OrderReturn to Trial LevelCreate Record
References
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