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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3758714 [VNO 0553350] ADJ3611380 [ANA 0372874]
Regular
Oct 03, 2008

Herbert J. Ware, Jr. vs. Los Angeles Times

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding no substantial medical evidence supported the applicant's claim of cumulative trauma injury to his psyche. The Board determined that the medical evidence presented only addressed injury to the psyche as a sequela of a specific orthopedic injury, not a cumulative trauma arising from his overall employment. The case was returned to the trial level for further proceedings on all issues, including temporary disability and home health care reimbursement.

Cumulative traumapsychiatric injuryspecific injuryorthopedic injurysequelaepermanent and stationarytemporary disabilityhome health careQualified Medical EvaluatorAgreed Medical Examiner
References
Case No. ADJ3746457 (SAC 0318786)
Regular
Jul 14, 2010

SCHELYA THROWER vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES

The Workers' Compensation Appeals Board granted Schelya Thrower's reconsideration petition regarding a prior decision finding no industrial injury to her knee, ankle, shoulder, or back. The Board affirmed the original finding that Thrower did not sustain a cumulative trauma injury through June 26, 2000, agreeing that her current complaints were sequelae of a prior 1997 injury. Consequently, the Board struck the finding on the statute of limitations as moot. The Board also corrected a clerical error in the spelling of Thrower's first name.

Workers' Compensation Appeals Boardcumulative traumastatute of limitationsindustrial injuryright kneeleft ankleleft shoulderbackstipulated awardnew and further disability
References
Case No. ADJ1136513
Regular
Feb 13, 2018

FRANCISCO BAUTISTA vs. SMITHS GROUP SERVICES CORPORATION, LIBERTY MUTUAL INSURANCE GROUP

This case concerns applicant's entitlement to extended temporary disability benefits beyond 104 weeks for a severe burn injury under Labor Code § 4656. The Appeals Board rescinded the trial judge's findings, remanding the case for further proceedings. This decision focuses on whether the applicant's burn injury, considering treatment, resulting disability (including psychiatric sequelae), and residual permanent disability, qualifies as "severe" under the statute. The Appeals Board clarified that the severity analysis must encompass the overall impact of the burn, not just the initial injury.

Labor Code Section 4656temporary disabilitysevere burnshigh-velocity eye injuryflash fireburn injurydepth of injurysequelaehyperpigmentationscarring
References
Case No. ADJ7894308; ADJ7661229; ADJ9465603
Regular
Aug 20, 2025

Assadour Assadourian vs. Ari G. Minassian School, State Compensation Insurance Fund, Church Mutual Insurance Company

The Workers' Compensation Appeals Board reviewed the Findings of Fact, Award and Order concerning Assadour Assadourian's industrial injury claims against Ari G. Minassian School and its insurers. The Board affirmed that contract non-renewal constituted an actual event of employment for psychiatric injury claims. However, it rejected the "pass-through" apportionment from cardiac conditions to psychiatric and sleep-related disabilities, deeming the medical opinions legally unsustainable. Consequently, the Board amended the permanent disability award to 78 percent, reserving jurisdiction to the WCJ for attorney's fees adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrderIndustrial InjuryCardiovascular SystemPsycheSleep DisorderUrologic SystemSexual Dysfunction
References
Case No. ADJ11112643
Regular
Sep 30, 2019

MICHELLE JUSSILA vs. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO, Legally Uninsured

Applicant Michelle Jussila sought reconsideration of a denial for a workers' compensation claim alleging industrial psychiatric injury on October 23, 2017. The Workers' Compensation Appeals Board denied her petition. The Board found no evidence that industrial events were the predominant cause of any alleged psychiatric injury, disability, or need for medical treatment. Furthermore, applicant's described "emotional reaction" did not meet the statutory requirements for a compensable psychiatric disorder.

Labor Code section 3208.3industrial injurypsychecompensable psychiatric injurypredominant causeactual events of employmentpreponderance of the evidencedisabilitymedical treatmentemotional reaction
References
Case No. ADJ4531546
Regular
Jun 01, 2010

JERRY M. CANTU vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration of a workers' compensation award finding new and further disability. The defendant sought clarification on credit for a prior award, division of the award based on injury types, and apportionment to non-industrial factors. The Appeals Board denied the petition, finding the WCJ's decision on new and further disability was supported by medical evidence. The Board clarified that the defendant is not required to pay duplicate benefits but must pay the new award less amounts already paid. Finally, the Board upheld the WCJ's unapportioned award based on the treating physician's opinion.

New and Further DisabilityBenson v. WCABApportionmentCumulative TraumaSpecific InjuryStipulations with Request for AwardAgreed Medical EvaluatorPermanent DisabilityReconsiderationCredit/Offset
References
Case No. SAL 0113718
Regular
Mar 21, 2008

MANUEL DeLANDA vs. SODEXHO, AIGRM

The applicant sought reconsideration of a workers' compensation claim dismissed with prejudice due to repeated failures to appear at hearings and a medical evaluation. The Appeals Board granted reconsideration, amending the dismissal to be without prejudice. This decision acknowledges the applicant's lack of participation but prioritizes the public policy of disposing of cases on their merits.

Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceDismissal without PrejudiceApplication for Adjudication of ClaimLaborerLeft Hand InjuryLeft Wrist InjuryLeft Upper Extremity InjurySequela
References
Case No. ADJ556317 (VNO 0560264) ADJ6957841
Regular
Oct 05, 2010

DALE HENGEN vs. WILLIAM FRANKEL PLUMBING, STATE COMPENSATION INSURANCE FUND

This case involves a worker who sustained an industrial head injury and subsequent seizure, followed by death approximately 1.5 years later. While the initial injury and temporary disability were found to be industrial, the cause of death was contested, with potential contributing factors including binge drinking and the prior head trauma. The Appeals Board found insufficient medical evidence to definitively link the death to the industrial injury and therefore rescinded the prior decision. The matter is remanded for further development of the medical record to determine the causal factors of death, possibly through a neurology AME or QME.

Workers Compensation Appeals BoardRobert HengenDale HengenWilliam Frankel PlumbingState Compensation Insurance FundADJ556317ADJ6957841Opinion and Decision After ReconsiderationAmended Findings Order and AwardWorkers' compensation judge
References
Case No. ADJ1010952 (VNO 521983), ADJ620208 (VNO 521986)
Regular
Feb 09, 2009

MELVIN THOMAS vs. STATE OF CALIFORNIA / BOARD OF PAROLE HEARINGS; STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration. Defendant's petition was granted, reversing the prior finding of industrial psychiatric injury to the applicant. The Board determined that the applicant's psychological condition was predominantly caused by a lawful, non-discriminatory, good faith personnel action (the ending of his temporary assignment), thereby barring compensation under Labor Code section 3208.3(h). Consequently, any related cardiovascular and hypertension claims were also dismissed.

Labor Code 3208.3(h)personnel actionpsychiatric injurygood faith personnel actionlawfulnondiscriminatorypredominant causeappeals boardreconsiderationfindings and award
References
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