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

Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
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 The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't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. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
Case No. VNO 0386181
Regular
Apr 05, 2007

SUSAN PASCALE vs. BLUE CROSS/WELLPOINT DENTAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT INDEMNITY

This case concerns applicant Susan Pascale's claim for workers' compensation benefits due to industrial injuries resulting in fibromyalgia and other conditions. The WCJ awarded 80% permanent disability, apportioning 20% to applicant's pre-existing personality traits based on medical opinions. The Appeals Board affirmed this decision, finding the apportionment was supported by substantial medical evidence of causation, as allowed by recent statutory changes.

Workers' Compensation Appeals BoardSusan PascaleBlue Cross/Wellpoint DentalCalifornia Insurance Guarantee AssociationFremont IndemnityVNO 0386181Opinion and Decision After ReconsiderationApplicantDefendantWCJ
References
Case No. ADJ9431348 ADJ9439654
Regular
May 13, 2015

BLADIMIRO MEJIA JUAREZ vs. CAVALIER LANDSCAPE & DESIGN, FLORISTS' MUTUAL INSURANCE COMPANY D/B/A HORTICA

The Workers' Compensation Appeals Board granted applicant's petition for reconsideration, rescinding its prior order that dismissed the applicant's petition as untimely. The Board found the applicant's initial petition for reconsideration was timely filed. However, upon reviewing the merits, the Board affirmed the original decision denying the applicant's claim, finding the applicant lacked credibility and the medical reports were not substantial evidence due to reliance on the applicant's self-reporting and lack of objective findings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJsubstantial evidencemedical causationcredibilitytimelinessLabor CodeGarza v. Workers' Comp. Appeals Bd.
References
Case No. LBO 359136
Regular
Dec 17, 2007

JOAQUIN GRANADOS vs. JKB CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the 1997 or 2005 disability rating schedule applies to applicant Joaquin Granados's left knee and back injury, and the appropriateness of apportionment. The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for new rating instructions. This decision was based on the finding that no medical report established applicant reached permanent and stationary status prior to January 1, 2005, thus mandating the application of the 2005 Schedule. Furthermore, the Board found Dr. Nottage's apportionment report to be substantial evidence, unlike Dr. Schwartz's, and ordered further proceedings based on Dr. Nottage's findings.

Workers' Compensation Appeals BoardJoaquin GranadosJKB CorporationState Compensation Insurance FundAmended Findings and AwardConstruction WorkerIndustrial InjuryLeft KneeBackPermanent Disability
References
Case No. SJO 0235006
Regular
Apr 04, 2008

Geronimo Vasquez vs. RAMOS BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a prior award for Geronimo Vasquez's back injury, adjusting the permanent disability. The Board found that 20% of the applicant's permanent disability should be apportioned to a pre-existing condition, reducing the overall award. The weekly indemnity rate was also corrected from $230.00 to $93.33.

Workers Compensation Appeals BoardGeronimo VasquezRamos Building MaintenanceState Compensation Insurance FundSJO 0235006ReconsiderationPermanent DisabilityApportionmentPre-existing ConditionQualified Medical Evaluator
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 11, 2013

ROBERT HUFF vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's decision regarding applicant Robert Huff's workers' compensation claim against the California Department of Corrections. The Board amended the findings to deny temporary total disability benefits for the period December 9, 2009, to March 7, 2011, as the applicant had exhausted his 104-week limit. The Board also deferred the issues of permanent disability and attorney's fees, remanding the matter for a new rating based on the orthopedic Agreed Medical Evaluator's March 5, 2012 report, while affirming the rejection of the psychiatric AME's apportionment. Finally, the Board corrected a clerical error regarding the weekly rate for permanent disability benefits.

WORKERS' COMPENSATION APPEALS BOARDROBERT HUFFCALIFORNIA DEPARTMENT OF CORRECTIONSPermissibly UninsuredSTATE COMPENSATION INSURANCE FUNDOpinion and Decision After ReconsiderationFindings of Fact Award and OpinionWCJAgreed Medical EvaluatorsAME
References
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