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

Case No. ADJ6877332
Regular
Aug 29, 2014

ELEAZAR ESCOBEDO vs. JOHN O'SHEA dba O'SHEA WELDING, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, concerning Eleazar Escobedo versus John O'Shea dba O'Shea Welding and State Compensation Insurance Fund, is being dismissed. The dismissal is a direct result of the petitioner voluntarily withdrawing their Petition for Reconsideration. The Board is ordering the dismissal of the reconsideration petition based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionOrder of DismissalWorkers' Compensation Appeals BoardApplicantDefendantCase NumberOakland District OfficeJuly 18 2014 DecisionAugust 29 2014 Filing
References
Case No. ADJ1459734 (VNO 0385398) ADJ1448881 (VNO 0460995)
Regular
Jun 05, 2009

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

The Appeals Board granted reconsideration of the prior award due to the WCJ's reliance on Dr. Capen's reports for permanent disability and apportionment, which were previously found to lack substantial evidence. The WCJ erred by issuing new ratings based on these same inadequate reports, even after the Appeals Board's directive. The Board rescinded the award and returned the case for further development of the medical record regarding apportionment and permanent disability, specifically requiring evidence that meets the standards set in Escobedo v. Marshalls.

Workers' Compensation Appeals BoardPacific MatState Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationindustrial injuryback injuryleft hip injury
References
Case No. ADJ3310998 (SBR 0339242)
Regular
Aug 09, 2017

DENNIS WHITE vs. GOLDEN WEST FRUIT COMPANY, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOME STATE COMPANIES

This case involves an appeal regarding the apportionment of permanent disability for applicant Dennis White. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new rating. The Board found that the Qualified Medical Evaluator, Dr. Sofia, provided substantial medical evidence supporting apportionment of applicant's permanent disability to pre-existing degenerative conditions, as required by current law. This decision overturns the trial judge's finding that apportionment was not established.

ApportionmentQualified Medical EvaluatorPermanent DisabilityReconsiderationFindings and AwardSubstantial Medical EvidenceEscobedoGattenDegenerative ChangesCausation
References
Case No. ADJ6903811
Regular
Apr 21, 2014

Thomas Puentes vs. American Tire Distributors, Inc., XL Specialty Lines Insurance, Inc., adjusted by Broadspire

The Workers' Compensation Appeals Board denied the petition for reconsideration in Thomas Puentes' case against American Tire Distributors. The denial affirmed the judge's finding that the applicant's testimony regarding his prior medical treatment was not credible. This decision was based on extensive medical records showing ongoing treatment and limitations for back pain just days before the admitted industrial injury. The Board applied significant weight to the judge's credibility determination and found the apportionment of disability to be correct and supported by the evidence.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAmerican Tire DistributorsInc.XL Specialty Lines InsuranceInc.BroadsPIREADJ6903811Fresno District OfficeGarza v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ1833781 (VNO 0506228)
Regular
Jan 19, 2012

LESLIE OSBORNE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS - CSP - LAC; legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board affirmed the WCJ's decision denying an applicant's claim for psychiatric injury. The applicant, a former correctional officer, argued that actual employment events predominantly caused her injury and that she was unable to file a claim prior to termination. The Appeals Board found that the applicant failed to meet her burden of proof. Substantial evidence supported the WCJ's finding that no industrial psychiatric injury occurred.

Workers' Compensation Appeals BoardPsychiatric InjuryCorrectional OfficerActual Events of EmploymentPredominant CauseMental CapacityFindings and OrderPetition for ReconsiderationReport and RecommendationBurden of Proof
References
Case No. ADJ3280434 (MF) ADJ6953178
Regular
Dec 07, 2012

WILLIAM RICHARDSON vs. CHECKMATE TRANSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CASCADE NATIONAL INSURANCE, in liquidation, TONY'S SONS MOVING & STORAGE, STATE COMPENSATION INSURANCE FUND

This case concerns applicant William Richardson's claim for permanent disability due to specific and cumulative industrial injuries. The Workers' Compensation Appeals Board (WCAB) affirmed the finding of total permanent disability stemming from a specific injury in 2004. The WCAB clarified that the presumption of total permanent disability does not preclude apportionment, but found that the applicant's current total permanent disability was solely caused by the specific injury, not the cumulative trauma. Therefore, apportionment to the cumulative injury was denied, and the claim for cumulative trauma was dismissed.

Workers Compensation Appeals BoardCIGASCIFReconsiderationJoint FindingsAwardOrderAdministrative Law JudgeSpecific Industrial InjuryCumulative Trauma
References
Case No. OAK 300340 OAK 300393
Regular
Aug 12, 2008

MARTHA PENSE vs. HOLY CROSS CEMETERY, ROYAL SUNALLIANCE

The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 1/3 of the applicant's permanent disability to non-industrial factors. The Board found the original judge erred in how she interpreted medical opinions and applied apportionment rules. The case is returned to the trial level for further proceedings to clarify permanent disability, apportionment, and attorney's fees, ensuring proper findings and reasoning are provided.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentIndustrial InjuryWCJUnemployableOpen Labor MarketDr. Jamasbi
References
Case No. GOL 0089200
Regular
Mar 21, 2008

YOLANDA MARQUEZ vs. COMP USA, AIG, AMERICAN INT'L CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 75% of the applicant's disability to non-industrial factors based on the Agreed Medical Examiner's (AME) opinion. The Board found that the AME's apportionment might have been based on the cause of the injury rather than the cause of the disability, which is an incorrect legal standard. Therefore, the Board deferred the issues of permanent disability, apportionment, and attorney's fees and returned the case to the trial level for further development of the record on apportionment.

Workers Compensation Appeals BoardYolanda MarquezCOMP USAAIGAmerican International Claims ServicesFindings and Awardindustrial injurypermanent disabilityapportionmentAgreed Medical Examiner (AME)
References
Case No. VNO 0385398 VNO 0460995
Regular
Jun 20, 2008

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

This case involves a workers' compensation claim where the defendant, SCIF, contests the findings regarding cumulative trauma injury dates and apportionment of permanent disability. The Appeals Board granted reconsideration, finding the WCJ erred in relying on Dr. Capen's apportionment opinion, which lacked substantial evidence and proper reasoning. The matter is returned to the trial level for further proceedings to develop the record on permanent disability and apportionment based on causation, consistent with current legal precedent.

Workers' Compensation Appeals BoardPacific MatInc.State Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationwarehouse workerindustrial injury
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
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