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

Case No. ADJ2553155 (BAK 0151169)

Regular

Oct 17, 2008

KIMBERLY COSTA vs. STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award ordering the State Compensation Insurance Fund (SCIF) to provide an ergonomic workstation for a claimant. SCIF contends that an employer's current duty to accommodate disabilities under the Fair Employment and Housing Act, not SCIF's workers' compensation obligations under Labor Code section 4600, dictates responsibility for workstation modifications. The Board granted reconsideration to further study the factual and legal issues involved.

Workers' Compensation Appeals BoardState Compensation Insurance FundReconsiderationFindings of Fact and AwardErgonomic workstationMedical treatmentCumulative trauma injuryPermanent disabilityApportionmentFair Employment and Housing Act

References

Case No. VNO 0434512

Regular

Jun 02, 2008

WENDI WAGNER, WENDI WAGNER BREDDAN vs. LAW OFFICES OF MICHAEL THOMAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT COMPENSATION INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award, finding the applicant sustained industrial injury causing $69\%$ permanent disability, not $86\%$. This adjustment stemmed from a re-evaluation of the medical expert's opinion regarding work restrictions, particularly concerning environmental factors like light and noise. The Board concluded that the expert's intent was to restrict exposure to excessive bright lights and noise, rather than a completely silent, dark room, which led to the revised rating.

Workers' Compensation Appeals BoardIndustrial InjuryAggravation of Chronic Pain SyndromePermanent DisabilityApportionmentAgreed Medical ExaminerFibromyalgiaWork RestrictionsDisability Evaluation UnitReconsideration

References

Case No. ADJ7430217

Regular

May 17, 2012

LETICIA FLORES vs. RABOBANK; CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of the applicant's claim for injuries sustained from continuous trauma at Rabobank. The Board adopted the WCJ's report, which found the applicant's orthopedic injuries arose out of and in the course of employment, relying heavily on the credible testimony of the applicant and the persuasive report of the Agreed Medical Examiner. Despite the defendant's arguments regarding lack of prior medical complaints and other activities, the WCJ found the applicant's testimony credible and the Agreed Medical Examiner's findings sufficient to support an award of temporary disability benefits. The Board affirmed the WCJ's findings, extending great weight to the credibility determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerInjury AOE/COEContinuous TraumaTemporary DisabilityCredibility FindingLabor Code Section 3202.5Liberal ConstructionPreponderance of Evidence

References

Case No. ADJ10978963

Regular

Aug 06, 2018

THOMAS MILLER vs. CONTRA COSTA COUNTY

This case concerns the denial of an employer's petition for reconsideration regarding temporary disability payments for an injured worker. The applicant sustained a low back and right leg injury, and the employer argued the applicant's condition was permanent and stationary as of November 6, 2017. However, the Workers' Compensation Appeals Board affirmed the finding that temporary disability was owed through May 2, 2018, based on conflicting medical reports and the applicant's testimony. The Board emphasized that the workers' compensation judge could prioritize the treating physician's opinions over the employer's QME.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityPermanent and Stationary DateQualified Medical EvaluatorTreating PhysicianEpidural Steroid InjectionSubstantial EvidenceAMA Guides

References

Case No. ADJ9230628

Regular

Jan 08, 2016

Patricia Jackson vs. Shasta Lake Physical Therepy, Compensation Insurance Company

The Appeals Board granted reconsideration to further study the case and rescinded the prior finding that applicant did not sustain an industrial injury. The WCJ improperly relied on lay testimony from employer witnesses regarding causation, as this issue requires substantial medical evidence. The current medical reports are insufficient as they do not adequately address the applicant's full medical history and post-employment progression of symptoms. Therefore, the case is returned to the trial level for further development of the medical record.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderIndustrial InjurySubstantial Medical EvidenceQualified Medical EvaluatorTreating PhysicianPost-Termination ClaimNotice of InjuryErgonomic Arrangement

References

Case No. ADJ274810 (SAC 0342774)

Regular

Nov 03, 2009

DARLENE KRAMER vs. BEST SOFTWARE, XL SPECIALTY INSURANCE COMPANY, UNITED STATES FIDELITY & GUARANTY

The WCAB amended the Findings and Award to find the applicant sustained an industrial injury through September 23, 2004, and affirmed the rest of the award.

Cumulative injuryDate of injuryPermanent disabilityApportionmentQualified Medical Evaluator (QME)Spine injuryBest SoftwareXL Specialty Insurance CompanyUnited States Fidelity & GuarantyLabor Code section 5412

References

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KIMBERLY COSTA vs. STATE COMPENSATION INSURANCE FUND

WENDI WAGNER, WENDI WAGNER BREDDAN vs. LAW OFFICES OF MICHAEL THOMAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT COMPENSATION INSURANCE

LETICIA FLORES vs. RABOBANK; CHUBB GROUP OF INSURANCE COMPANIES

THOMAS MILLER vs. CONTRA COSTA COUNTY

Patricia Jackson vs. Shasta Lake Physical Therepy, Compensation Insurance Company

DARLENE KRAMER vs. BEST SOFTWARE, XL SPECIALTY INSURANCE COMPANY, UNITED STATES FIDELITY & GUARANTY

The WCAB amended the Findings and Award to find the applicant sustained an industrial injury through September 23, 2004, and affirmed the rest of the award.