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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2548586 (VNO0557073)
Regular
Apr 03, 2025

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALTY & SURETY CO.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings concerning the date of injury and liability under Labor Code section 5500.5, specifically due to an incomplete arbitration record. Despite a Notice of Intention to rescind and an extended deadline for submitting missing documents, the required transcripts and pleadings were not filed. Emphasizing the importance of due process and a complete evidentiary record for meaningful review, the Appeals Board rescinded the arbitrator's decision and returned the matter for further proceedings, allowing any aggrieved party to seek reconsideration of a new decision.

Labor Code 5500.5ContributionReimbursementStatute of LimitationsArbitrator's DecisionReconsiderationRescindedIncomplete RecordDue ProcessSubstantial Justice
References
Case No. ADJ20015360; ADJ20015361
Regular
Feb 27, 2025

PAUL ALVARADO vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a Findings and Award issued by an arbitrator on June 4, 2024, concerning applicant Paul Alvarado and defendant City of Los Angeles. The Board previously issued a Notice of Intention to rescind due to an incomplete record. Despite subsequent filings, multiple evidentiary documents remain missing, preventing a proper review of the petition. Citing due process requirements and the need for a complete record for meaningful review, the Appeals Board rescinded the original Findings and Award and returned the matter to the arbitrator for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardArbitrator's DecisionRescindedIncomplete RecordDue ProcessSubstantial EvidenceEvidentiary RecordElectronic Adjudication Management System
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ8788440
Regular
May 12, 2014

ROBERT WATSON vs. NOR-CAL MOVING SERVICES, VANLINER INSURANCE COMPANY

Applicant Robert Watson sought reconsideration of a Workers' Compensation Appeals Board (WCAB) finding that denied temporary disability benefits from August 27, 2013. The applicant argued that his treating physician's records constituted substantial evidence of his inability to perform modified duty, and that the WCJ should have developed the record further. The majority of the WCAB denied reconsideration, adopting the WCJ's report that found no substantial evidence to support the claim. However, one Commissioner dissented, arguing that the record should be further developed to clarify the treating physician's opinion on the applicant's ability to comply with employer-offered travel arrangements, which was the core dispute.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Facttemporary disability indemnitymodified dutysubstantial evidencedevelop the recordtreating physicianadministrative law judgedissenting opinion
References
Case No. ADJ6916816
Regular
Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order
References
Case No. ADJ11136283
Regular
Apr 15, 2019

JOSE ALFREDO SOLORZA vs. STERLING MACHINERY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, THE HARTFORD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order striking the QME panel. The Board found the WCJ's order lacked an evidentiary basis, as no evidence was admitted into the record to support the premature finding. The case is returned to the trial level for further proceedings to establish a proper evidentiary record. The merits of the QME panel dispute were not decided at this stage.

Petition for RemovalQualified Medical EvaluatorQME panelpremature panel requestPetition to StrikeWCJ Orderevidentiary recordadmitted evidencesubstantial evidenceLabor Code section 4060
References
Case No. ADJ11563618, ADJ11563620, ADJ11563654
Regular
May 02, 2019

MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON

The WCAB granted applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME panel. The original order was issued without an admitted evidentiary record, violating the requirement for decisions to be based on substantial evidence. The case is returned to the trial level to establish a proper record and adjudicate the disputed QME issue. This decision ensures due process by requiring an evidentiary basis before significant procedural orders are made.

Petition for RemovalReplacement QME PanelUntimely Supplemental ReportDiscovery DelayIrreparable HarmSubstantial EvidenceEvidentiary RecordRescind OrderReturn to Trial LevelFoster Farms
References
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