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

Case No. ADJ6488616 ADJ6594232 ADJ6619612
Regular
Apr 20, 2003

Esperanza Navarro vs. MERVYNS, TRAVELLERS

The Workers' Compensation Appeals Board denied Esperanza Navarro's petition for reconsideration in cases ADJ6488616, ADJ6594232, and ADJ6619612. The Board adopted the findings and reasoning of the workers' compensation administrative law judge. This decision upholds the original ruling, denying Navarro's request for further review.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ6488616ADJ6594232ADJ6619612Esperanza NavarroMervynsTravellers
References
0
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
3
Case No. MISSING
Regular Panel Decision
Jun 03, 2009

Navarro v. City of New York

The injured plaintiff, Dorian Navarro, fell from a ladder while attempting to retrieve a dropped tool inside a public school's basement, alleging injuries due to violations of Labor Law §§ 200, 240 (1), 241 (6) and common-law negligence. The Supreme Court initially granted summary judgment to the defendants, dismissing most causes of action. However, the appellate court modified this order, reinstating the Labor Law § 200 and common-law negligence claims against the City of New York and the Board of Education, finding triable issues of fact regarding their liability concerning a dangerous ladder and a slippery grease condition. The claims against the New York City School Construction Authority and the Labor Law §§ 240 (1) and 241 (6) claims against all defendants were properly dismissed, as the accident was deemed too far removed from construction-related activity. The case was modified to deny summary judgment on certain claims and affirmed in part.

Personal InjuryLadder AccidentPremises LiabilityCommon-Law NegligenceSummary JudgmentAppellate DivisionDangerous ConditionProximate CauseTriable Issues of FactProperty Owner Liability
References
12
Case No. 2020 NY Slip Op 02504
Regular Panel Decision
Apr 30, 2020

Matter of Navarro v. General Motors

Claimant Jose A. Navarro sustained work-related injuries in 1996 and was subsequently diagnosed with temporary partial and total disabilities. The Workers' Compensation Board made various decisions regarding his disability awards, particularly from April 1997 to September 2011, and issues related to his attachment to the labor market and alleged fraud under Workers' Compensation Law § 114-a. The Board modified some WCLJ decisions and remitted parts of the case for further consideration. Claimant appealed the Board's decision, but the Appellate Division, Third Department, dismissed the appeal, holding that the Board's decision was nonfinal and did not involve a threshold legal issue, thus precluding piecemeal review. A dissenting opinion argued that certain aspects of the temporary disability awards were final and reviewable.

Disability AwardsTemporary Partial DisabilityVoluntary Withdrawal from Labor MarketNonfinal DecisionAppeal DismissedMedical Evidence PreclusionJudicial RecusalWorkers' Compensation BoardAppellate DivisionClaimant's Testimony
References
13
Case No. ADJ1128865 (VNO 0244369), ADJ1909887 (VNO 0181430)
Regular
Jan 09, 2012

JOE NAVARRO vs. LOCKHEED MARTIN

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Joe Navarro's claims against Lockheed Martin. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found Navarro to be an unreliable historian with significant symptom magnification. Consequently, the Board denied injury claims for heart and high blood pressure, and upheld a 27% permanent disability award for a psyche injury, based on the judge's credibility findings.

ADJ1128865ADJ1909887plastic parts fabricatorplastic parts fabricator supervisorcontinuous traumapsyche injurypermanent disabilitynon-industrial apportionmentcredible historiansymptom magnification
References
5
Case No. ADJ8336436
Regular
Mar 25, 2016

CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Carmen Navarro's petition for reconsideration. Navarro sought to establish her right knee injury as a compensable consequence of a prior admitted left knee injury. The WCJ's report, adopted by the WCAB, found the right knee injury to be non-industrial. Medical evidence, particularly from QME Dr. Williamson, indicated the right knee pain arose independently in August 2013, distinct from the earlier left knee injury and treatment period. The Board specifically rejected any consideration of "rashly undertaken" activity as irrelevant to the legal analysis.

WCABPetition for ReconsiderationWorkers' Compensation Appeals BoardVenice Community Housing CorporationAthens AdministratorsADJ8336436Los Angeles District OfficeWCJcompensable consequenceleft knee injury
References
1
Case No. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
7
Case No. ADJ7783882
Regular
Jul 09, 2012

Esperanza Rodriguez vs. TAMSHELL MANUFACTURING

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Esperanza Rodriguez's petition for reconsideration because it was not filed from a final order, decision, or award that determined substantive rights or liabilities. The Board emphasized that interlocutory procedural orders, like those concerning evidence or trial setting, are not appealable via reconsideration. The WCAB also denied the petition for removal, adopting the WCJ's recommendation and finding no showing of substantial prejudice or irreparable harm from denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderEvidentiary DecisionRemovalWCJ Report and RecommendationSubstantial PrejudiceIrreparable Harm
References
10
Case No. ADJ8015424; ADJ8102669
Regular
Jul 01, 2025

ESPERANZA SANCHEZ vs. MCDONALD'S, USF&G

Applicant Esperanza Sanchez sought reconsideration of an April 7, 2025 Findings and Award (F&A) which determined her permanent total disability was subject to apportionment. The Workers' Compensation Appeals Board (WCAB) granted the petition, concluding that the medical apportionment analyses provided by Dr. Jeffrey Hirsch and Dr. Ezekiel Fink were incomplete as they lacked a detailed explanation for how the apportionment percentages were derived. Consequently, the WCAB amended the F&A to find that the applicant sustained 100 percent permanent and total disability, without a legal basis for apportionment. The matter was returned to the trial level for further proceedings regarding attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryheartcirculatory systembrain/strokediabetespermanent total disabilityapportionment
References
7
Case No. ADJ104006 (MON 0327407) ADJ2642263 (MON 0327406)
Regular
Jul 07, 2011

LORENA NAVARRO vs. LENNOX SCHOOL DISTRICT, ASCIP

This case involves Lorena Navarro's petition for removal regarding an order for her attorney to pay $\$700.00$ to a prior attorney, Younessi Law. The Appeals Board granted the petition, rescinding the attorney fee order, finding it was issued without evidence. However, the Board affirmed the trial date of July 18, 2011, noting the case's readiness for trial after prior continuances. The issue of Younessi's attorney fees will proceed to trial along with other matters.

Petition for RemovalAttorney's FeesDeclaration of Readiness to ProceedStatus ConferencePretrial Conference StatementAgreed Medical EvaluatorCross-ExaminationJoint Findings and AwardsReopenNew and Further Disability
References
0
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