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

Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
Case No. ADJ8621962
Regular
Oct 07, 2013

RANDY EISTER vs. TCI TRANSPORTATION, PROTECTIVE INSURANCE INDIANAPOLIS

This case involves a truck driver, Randy Eister, who filed a workers' compensation claim for back and chest injuries allegedly sustained on October 7, 2012. The claim was denied, and Eister was terminated for cause prior to filing. The Workers' Compensation Appeals Board (WCAB) denied Eister's petition for reconsideration. The WCJ found Eister's testimony not credible, citing inconsistencies and a lack of corroboration for his alleged injury. The Board adopted the WCJ's report, emphasizing the deference given to the judge's credibility findings.

Petition for ReconsiderationWCABEisterTCI TransportationProtective Insurance IndianapolisTruck DriverAOE/COEPost-termination defenseCredibilityTimeliness
References
Case No. ADJ7032862 ADJ8942352
Regular
Jan 31, 2019

Robert Lockhart vs. Lexmar Distribution, Inc., Safety National Casualty Company, MATRIX, Redwood Fire, BHHC, California Insurance Guarantee Association, SEDGWICK CLAIMS MANAGEMENT SERVICES, ULLICO CASUALTY COMPANY

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding a cumulative trauma injury. The Board found that neither of the medical evaluators adequately understood the applicant's specific job duties as a hostler driver. Without a proper understanding of the cumulative physical impact of these duties, their opinions lack substantial evidence to support a finding of cumulative trauma. The matter is returned to the trial level for further development of the medical record regarding the applicant's job duties.

Workers' Compensation Appeals BoardCumulative TraumaSpecific InjuryPermanent DisabilityMedical EvidenceAgreed Medical EvaluatorPanel Qualified Medical ExaminerJob DutiesHostler DriverTruck Driver
References
Case No. ADJ9293237
Regular
Dec 12, 2017

MIGUEL GARCIA vs. AMERICAN WEST WORLDWIDE EXPRESS, INC., BLUE STAR CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant Miguel Garcia an independent contractor. The WCAB found that the applicant established a prima facie case of employment, shifting the burden to the employer to prove independent contractor status. The Board determined that the employer exercised significant control over the applicant's work, despite the written agreement, but found insufficient evidence regarding the right to control and differences between employee and owner-operator drivers. Consequently, the WCAB rescinded the prior order and returned the case for further development of the record and a new decision.

Independent contractorEmployee statusBorello testRight to controlTruck driverOwner-operatorLabor Code section 2750.5WCABReconsiderationFindings and Order
References
Case No. LAO 0834728
Regular
Jul 12, 2007

FELIPE CABALLERO vs. AIRBORNE EXPRESS, INC., AMERICAN HOME ASSURANCE COMPANY

The Board granted reconsideration to address the defendant's due process claim regarding the automatic commutation of attorney's fees. While affirming the $100\%$ permanent disability award and the attorney's fee amount, the Board deferred the issue of commutation. The case is returned to the trial level to determine how the attorney's fees will be paid, either from accrued benefits or through a proper commutation process.

Workers' Compensation Appeals BoardReconsiderationCommutationAttorney's FeesLife PensionPermanent DisabilityDue ProcessAccrued Disability IndemnityFindings Award and OrderIndustrial Injury
References
Case No. SJO 0253554
Regular
May 21, 2007

ANTHONY FELIX vs. CRESCENT TRUCK LINES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the previous award due to an improper calculation of permanent disability based on diminished future earning capacity (DFEC). The WCAB found that the administrative law judge erred by directly converting the vocational expert's DFEC finding into an overall permanent disability percentage without proper application of statutory guidelines. The case is returned for further development of the record regarding how DFEC modifiers in the rating schedule reflect actual earning capacity loss.

Diminished Future Earning CapacityVocational ExpertPermanent Disability RatingAMA GuidesSection 4660ReconsiderationFindings and AwardAgreed Medical EvaluatorWCJ ReportRating Specialist
References
Case No. ADJ8910480
Regular
Oct 02, 2015

SIMONA MONTALVO vs. DRIVER'S MANAGEMENT, LLC, ACE AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board upheld the Administrative Law Judge's decision that the applicant, a truck driver, did not sustain a psychiatric injury arising out of and occurring in the course of employment. This denial was based on the ALJ's finding of applicant's lack of credibility due to inconsistent statements and the absence of substantial evidence to overturn this determination. The Board also admonished applicant's representative for misrepresenting an exhibit's status in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJpsychiatric injuryLabor Code section 3208.3(d)credibility determinationReport and RecommendationMandatory Settlement Conference (MSC)Pre-Trial Conference Statement
References
Case No. ADJ10564064; ADJ13211148
Regular
Apr 25, 2025

Ramiro Solorio vs. California Community News, Ace American Insurance Company

Ramiro Solorio, a truck driver/loader/unloader, filed claims for industrial injuries to his lumbar spine, left shoulder, left elbow (Case ADJ10564064), and to his gastrointestinal system and hypertension (Case ADJ13211148) while employed by California Community News. Defendants petitioned for reconsideration of the Second Amended Joint Findings and Award, challenging the temporary disability award, unaddressed body parts, and the rejection of apportionment opinions from PQMEs Dr. Rogachefsky and Dr. Simon. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The Board affirmed the findings, concluding that the physicians' apportionment opinions lacked sufficient reasoning to constitute substantial medical evidence as required by legal precedent.

ADJ10564064ADJ13211148Petition for ReconsiderationLabor Code Section 5909Appeals BoardWCJ ReportEAMSTransmissionNoticeProof of Service
References
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