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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. ADJ17864269, ADJ18601862
Regular
Apr 28, 2025

Victor Ruttman vs. CY Property Management, Employers Compensation Insurance Group

The defendant sought reconsideration of a WCJ's decision which found that the applicant sustained a low back injury arising out of and in the course of employment (AOE/COE), along with specific earnings and indemnity rates, and that a late cancellation fee was incurred unreasonably by applicant's counsel. The defendant contended the WCJ erred in finding an industrial injury, arguing the PQME found it an exacerbation of a pre-existing condition, thus not compensable. The Appeals Board denied the petition for reconsideration, agreeing with the WCJ that medical evidence and uncontradicted testimony supported a finding of aggravation, not mere exacerbation, thereby satisfying the definition of a specific injury under Labor Code section 3208.1 due to the need for medical treatment and resulting disability.

PQMEexacerbationaggravationpre-existing conditionindustrial injuryAOE/COEtemporary disabilityFindings of FactPetition for ReconsiderationWCJ
References
Case No. ADJ9855361
Regular
Jul 12, 2017

AARON CLARK vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended the original Findings and Award. The WCAB affirmed that the applicant sustained an injury to his lumbar spine on July 16, 2014, arising out of and in the course of employment. The Board found that an exacerbation of a pre-existing condition constitutes an industrial injury, even if it does not result in permanent disability. Therefore, the applicant is entitled to temporary disability indemnity benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityExacerbationPre-existing ConditionLumbar SpineIndustrial InjuryAgreed Medical ExaminerCausation Requirement
References
Case No. ADJ1136158 (LBO 0381365)
Regular
Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous finding, and found that applicant Dario Mendez sustained an industrial injury to his low back and right leg. The WCAB determined that a lifting incident on November 15, 2005, at the Hawaiian Gardens Card Club, contributed to a new injury despite Mendez's pre-existing back condition. They found the applicant's explanation for the delay in reporting the injury credible, and that the evidence supported a new injury rather than merely an exacerbation of a prior condition. The WCAB deferred all other issues, including the extent of the injury and compensation.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation
References
Case No. ADJ10475606
Regular
Sep 13, 2022

AMBER FAIRRIS vs. DEPARTMENT OF SOCIAL SERVICES

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of a finding that the applicant did not sustain a compensable psychiatric injury. The applicant argued the finding was not based on substantial medical evidence, specifically challenging the opinions of a Qualified Medical Examiner (QME). The Board adopted the judge's report, which found that while work stress may have exacerbated the applicant's pre-existing conditions, the predominant cause of her psychiatric diagnoses was non-industrial, as required by Labor Code section 3208.3. Therefore, the applicant failed to demonstrate by a preponderance of the evidence that actual employment events were the predominant cause of her psychiatric injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationLegally UninsuredIndustrial InjuryPsychePredominant CauseNon-Industrial BasisExacerbationPre-existing ConditionsLabor Code Section 3208.3
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
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
Case No. ADJ7420955, ADJ6424323
Regular
Sep 13, 2016

WBC UNIVERSAL vs. ELECTRIC INSURANCE COMPANY, SEDGWICK CMS

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board award. The applicant sought to include permanent disability ratings for his right knee and meralgia paresthetica of the groin, which were denied by the WCJ. The Agreed Medical Evaluator (AME) determined that while the applicant's October 2009 injury exacerbated his right knee, prior injuries were the cause of permanent disability. The AME also opined that the meralgia paresthetica was due to complications of thoracic outlet syndrome, unrelated to the claimed industrial injury. Therefore, the Board denied the applicant's petition for reconsideration.

Workers' Compensation Appeals BoardFindings and AwardReconsiderationAgreed Medical EvaluatorAOE/COEPermanent DisabilityMeralgia ParestheticaThoracic Outlet SyndromeIndustrial ExacerbationPrior Injuries
References
Case No. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
Case No. ADJ9826130
Regular
Jul 14, 2017

JOHN PARRILLA vs. BESSIRE AND CASENHISER, INC.; EVEREST NATIONAL INSURANCE, administered by SEDGWICK CMS

The defendant sought reconsideration of an order approving a compromise and release, contending it failed to encompass a second injury date. The Workers' Compensation Appeals Board dismissed the petition as premature. The Board noted that the defendant's claim of mutual mistake regarding the settlement's scope lacked supporting evidence in the record. Without sworn testimony or admitted evidence, the Board cannot alter the existing order; a hearing is recommended to allow the defendant to present its case.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationOrder ApprovingAdministrative Law JudgeWCJDate of InjuryIndustrial InjuryExacerbationPanel Qualified Medical Evaluator
References
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