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Case Law Database

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

Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)
Regular
Dec 29, 2015

CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant Dexter Axle's Petition for Removal of an Order Taking Off Calendar (OTOC). The OTOC allowed the applicant to conduct further discovery regarding a change in his permanent disability. Defendant argued this conflicted with a prior Appeals Board decision limiting discovery to apportionment. The Board found no substantial prejudice or irreparable harm to the defendant if removal was denied, and that reconsideration would be an adequate remedy. Therefore, removal was not granted.

Petition for RemovalOrder Taking Off CalendarWCJPermanent DisabilityApportionmentDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary Remedy
References
Case No. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ2357169 (VNO 0476110) ADJ3613914 (VNO 0476111) ADJ1007900 (VNO 0476112) ADJ3475183 (VNO 0476113) ADJ1139437 (VNO 0476115)
Regular
Jan 05, 2009

LUIZA ZIEGLER vs. FIRST BANK AND TRUST, CHUBB GROUP OF INSURANCE CO.

The Appeals Board dismissed the lien claimant's petition for reconsideration as untimely, filed 26 days after the October 9, 2008, Order of Dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantOrder of DismissalTimelinessJurisdictionalLabor CodeCode of Civil ProcedureCalifornia Code of RegulationsWCJ
References
Case No. ADJ3871980 (SBR 0332495) ADJ1578450 (SBR 0333829) ADJ7125261
Regular
Nov 05, 2010

ANITA BAKER vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, PSI, Adjusted and Administered By KAISER PERMANENTE MEDICAL GROUP

This case involves Anita Baker's workers' compensation claim against Southern California Permanente Medical Group. The Workers' Compensation Appeals Board denied reconsideration of the judge's decision. The primary dispute centered on the calculation of diminished future earning capacity, with the applicant arguing for a calculation based on actual lost earnings and the defendant relying on statutory guidelines and expert testimony. The Board adopted the judge's report, which found in favor of the applicant regarding the calculation of permanent disability, incorporating aspects of both expert opinions and considering the applicant's specific circumstances.

Workers Compensation Appeals BoardSouthern California Permanente Medical GroupKaiser Permanente Medical GroupPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOgilvie v. City and County of San Franciscodiminished future earning capacityFindings and Awardcontinuous traumabilateral upper extremities
References
Case No. ADJ909128 (OXN 0124367)
Regular
Dec 07, 2009

Robert Schleifstein vs. EQUITY GROUP INVESTMENTS dba CHART HOUSE ENTERPRISES, INC., CNA GROUP

Reconsideration granted; Decision of October 5, 2009 affirmed except for amended Finding of Fact No. 1.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONAMENDED FINDING OF FACTINDUSTRIAL INJURYLEFT LOWER EXTREMITYBACK INJURYRESTAURANT MANAGEREQUITY GROUP INVESTMENTS
References
Case No. ADJ7272943
Regular
Jul 03, 2014

SARA ROSALES vs. COURTESY PARKING, INC., PMA INSURANCE GROUP, ACE COMPLETE GROUP

The Workers' Compensation Appeals Board granted reconsideration to review the dismissal of Transtar Translations' lien claim due to non-appearance at a lien conference. Transtar argued they were present but failed to sign in, an error the WCJ recommended be corrected. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Lien ClaimantReconsiderationPetition for ReconsiderationLien ConferenceOrder Dismissing Lien ClaimNon-AppearanceWorkers' Compensation Appeals BoardWCJRescindedTrial Level
References
Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)
Regular
Jun 25, 2015

ELIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board reconsidered a joint findings and award, finding the initial determination of permanent disability and apportionment for psyche and hypertension injuries lacked substantial evidence. Specifically, the Board found that medical opinions on apportionment from different specialties could not be substituted or combined without independent justification from each specialist. Consequently, the case is remanded to the trial level for further development of the record to obtain independent apportionment opinions from the physicians regarding the psyche and hypertension injuries. The remainder of the WCJ's decision, including temporary disability findings, is affirmed.

ApportionmentCumulative traumaSpecific injuryPermanent disabilityTemporary total disabilityLife pensionReconsiderationWorkers' Compensation Appeals BoardMedical-legal disputeCausation
References
Case No. ADJ10418206
Regular
Jan 17, 2020

NAU ORELLANA vs. BARONHR, ICW GROUP/EXPLORER INSURANCE COMPANY, THE HARTFORD INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board affirmed the original decision but amended the order to direct ICW Group/Explorer Insurance Company, as insurer for the special employer, to administer the applicant's claim. This administration is to continue until coverage and liability issues are resolved or arbitration proceeds, with all rights of ICW Group to seek indemnity reserved.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ's reportDecision After ReconsiderationICW GroupExplorer Insurance CompanyTransom Bravo HoldingsBravo Sportsspecial employeradminister claim
References
Case No. ADJ10477247
Regular
Oct 31, 2017

ESTELA WALLE vs. THE PERMANENTE MEDICAL GROUP

Here's a summary of the two cases for a lawyer, in max four sentences each: **Case 1: Estela Walle vs. The Permanente Medical Group (ADJ10477247)** The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's finding that the applicant did not sustain a back injury arising out of and in the course of employment. The Board gave significant weight to the WCJ's credibility determination, finding no substantial evidence to warrant overturning it. Therefore, the applicant was awarded nothing on her claim. **Case 2: Estela Walle vs. The Permanente Medical Group (ADJ8620015, ADJ9183471)** The Appeals Board rescinded the WCJ's award for psychiatric injury and returned the case to the trial level for further proceedings. The Board found the analysis of whether the injury was predominantly caused by employment events, and specifically by lawful, good faith personnel actions, to be inadequate under *Rolda*. Further development of the record is required to clarify the events of May 21, 2012, and to determine the precise causal contribution of employment-related factors versus good faith personnel actions.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderApplicantInjury Arising Out of and In the Course of EmploymentAOE/COEBack InjuryWCJCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.
References
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