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

Case No. ADJ15488463
Regular
Nov 03, 2025

KRISHNA SRIVASTAVA vs. DIGNITY HEALTH MEDICAL FOUNDATION- MERCY MEDICAL GROUP

Defendant petitioned for reconsideration of the Findings of Fact, Awards and Orders (FA&O) concerning an industrial left wrist injury and the calculation of permanent partial disability indemnity. The Appeals Board granted reconsideration, adopting the Workers' Compensation Judge's (WCJ) recommendation to correct an error in the permanent partial disability calculation. The Board affirmed the finding of industrial injury to the left wrist, supported by the applicant's credible testimony, and amended the FA&O to reflect 24% permanent partial disability, awarding $27,695.00 in indemnity and $4,154.25 in attorney's fees.

Workers' Compensation Appeals BoardDignity Health Medical FoundationMercy Medical GroupAdjudication NumberPetition for ReconsiderationFindings of Fact Awards and OrdersWorkers' Compensation JudgePermanent Partial DisabilityIndustrial InjuryAgreed Medical Evaluator
References
4
Case No. ADJ17378619
Regular
Mar 24, 2025

NAOMI RIVERS vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CORPORATION

The applicant, Naomi Rivers, sought reconsideration of a Findings, Award, and Order (FA&O) from December 23, 2024, which found an injury to her left leg but no permanent disability based on a Qualified Medical Evaluator's (QME) report. The applicant contended that the QME, Dr. Anthony Fenison, failed to adequately account for her current medical condition and relied on outdated information by not reviewing updated medical records from Dr. James Rho. The Appeals Board granted the petition for reconsideration, rescinded the original FA&O, and substituted it with an order deferring permanent disability, apportionment, and attorney's fees pending further development of the record. This includes a reevaluation of the applicant by Dr. Fenison, incorporating all updated medical records.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)Substantial Medical EvidencePermanent DisabilityApportionmentFuture Medical TreatmentComplex Regional Pain Syndrome (CRPS)NeuropathyNerve Conduction Study (NCV/EMG)
References
9
Case No. ADJ4301849
Regular
Dec 09, 2009

Rafael Morando vs. PERFORMANCE NURSERY, INC., FA RICHARD LAGUNA HILLS

The WCAB denied reconsideration of the WCJ's decision denying applicant's claim for workers' compensation benefits due to credibility issues and inconsistencies in the record.

ADJ4301849OXN 0148502WORKERS' COMPENSATION APPEALS BOARDRAFAEL MORANDOPERFORMANCE NURSERY INC.FA RICHARD LAGUNA HILLSORDER DENYING RECONSIDERATIONWCJ Opinion on DecisionREPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONApplication for Adjudication
References
1
Case No. ADJ15619594
Regular
Sep 09, 2025

OLISAEMEKA EZE vs. FEDEX GROUND PACKAGE SYSTEM, INC., SEDGWICK CMS

Applicant Olisaemeka Eze sought reconsideration of a March 10, 2025 Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration. The Board previously amended a WCJ's November 26, 2024 Findings, Award, and Orders regarding the provision of the applicant's non-privileged claims file for in-camera review, while otherwise affirming the FA&O. The Board dismissed the applicant's petition for reconsideration as untimely, noting it was filed on June 6, 2025, past the April 4, 2025 deadline. Additionally, the Board admonished the applicant for using offensive language in their petition.

Petition for ReconsiderationOpinion and OrderWorkers' Compensation JudgeFindings Award and Ordersnon-privileged claims filein-camera reviewBurden of ProofCalifornia Evidence Code 623untimely petitionLabor Code section 5909
References
5
Case No. ADJ15875626
Regular
Jun 30, 2025

Evyette Gaines vs. Riverside University Health System

Defendant sought reconsideration of the April 11, 2025 Findings, Award, and Orders (FA&O), where the WCJ found the reporting of PQME, Dr. Albert Simpkins, to be substantial medical evidence, with the exception of apportionment. Applicant, Evyette Gaines, was found to have sustained injury AOE/COE to the cervical spine, lumbar spine, and psyche, resulting in 38% permanent disability. Defendant contended that Dr. Simpkins' apportionment findings constituted substantial medical evidence and that the WCJ misapplied legal precedents. After considering the petition and the WCJ's report, the Appeals Board denied the Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersQualified Medical EvaluatorPQMEAlbert SimpkinsApportionmentSubstantial Medical EvidenceAOE/COECervical Spine
References
12
Case No. ADJ9318348
Regular
Aug 06, 2019

JENNIFER MCMULLEN vs. SPORTSMARK, XL SPECIALTY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns an applicant claiming injury AOE/COE to multiple body parts, including the pituitary gland and cognitive loss, resulting in headaches. The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings, Award, and Orders (FA&O) due to deficiencies in the medical evidence regarding permanent disability. The WCAB found Dr. Anderson's impairment ratings lacked substantial evidence and ordered further development of the record, including potential re-evaluation by Dr. Anderson and specialized opinions from ophthalmology and neuropsychology. The Board also upheld the prior finding of injury AOE/COE to the psyche, denying defendant's request to withdraw from that stipulation.

Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationInjury AOE/COEFindings Award and OrdersPermanent DisabilityLabor Code Section 4662Sub Rosa SurveillanceQualified Medical Evaluator (QME)StipulationsFurther Development of the Record
References
0
Case No. ADJ16120106
Regular
Sep 29, 2025

DARRELL TOLE vs. ZURICH AMERICAN INSURANCE COMPANY, COTTINGHAM AND BUTLER CLAIMS SERVICES, BIAGI BROTHERS INCORPORATED

Defendant filed a Petition for Reconsideration of the Findings, Award and Orders (FA&O) issued July 2, 2025, which found a closed period of temporary disability for applicant Darrell Tole, a truck driver who sustained injury to bilateral knees on February 18, 2022. The defendant argued that the finding of temporary disability required contemporaneous medical reporting. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report that PQME chiropractor Michaels' medical opinion, supported by medical and testimonial evidence, constituted substantial evidence for the temporary disability period. The WCAB also noted the WCJ's credibility determination was given great weight.

WORKERS' COMPENSATION APPEALS BOARDDARRELL TOLEZURICH AMERICAN INSURANCE COMPANYBIAGI BROTHERS INCORPORATEDPetition for ReconsiderationFindings Award and Orderstemporary disabilitycontemporaneous medical reportingWCJ Report and RecommendationLabor Code section 5909
References
5
Case No. MISSING
Regular Panel Decision
Feb 07, 2012

Strong v. City of New York

This case concerns an appeal regarding spoliation sanctions against the City of New York for the negligent destruction of a radio run audio recording. The recording was relevant to the City's 'emergency operation' affirmative defense in a personal injury action involving plaintiffs Kevin Strong, Miguel Carrasquillo, and De Fa Chen. Despite the City being on notice of potential litigation, the recording was automatically deleted after 180 days. The court found that this constituted spoliation under New York common law. The Appellate Court modified the lower court's order, reinstating a limited preclusion against the City from introducing testimony about the audio recording's contents and ordered the production of unredacted police accident reports and affidavits of compliance.

Spoliation SanctionsEvidence DestructionRadio Run RecordingEmergency Operation DefenseVehicle and Traffic LawNegligenceDiscovery DisputePreclusion OrderAppellate ReviewPersonal Injury
References
23
Case No. ADJ8759846
Regular
Jun 05, 2025

Manuel Agurto vs. Peterberg Construction, Inc.; Praetorian Insurance Work Comp Program

Applicant, Manuel Agurto, seeks reconsideration of the February 4, 2025 Findings and Order (F&O) where the WCJ found injury to his psyche and determined his average weekly wage. The WCJ's Opinion on Decision (OOD) also included findings of injury to other body parts and awarded future medical for some. Applicant challenged various interlocutory issues. The Workers' Compensation Appeals Board granted the Petition for Reconsideration to rescind the F&O and substitute it with a Findings, Award, and Order (FA&O) to reflect all of the WCJ's findings, awards, and orders, including additional body parts injured and an award of future medical, while deferring other issues for further development of the record. The Board admonished applicant's attorneys for frivolous conduct.

AOE/COEpsyche injuryAMEPQMEoccupational group 480Labor Code 4453(c)(4)petition for reconsiderationfinal orderinterlocutory issuesremoval standard
References
8
Case No. MISSING
Regular Panel Decision

Polite v. Casella

Plaintiff Roseann Polite filed a complaint in May 1995, alleging federal and state causes of action against Daniel Casella, Harvey Singer, Lynn Smith, Broome County Department of Social Services (DSS), and Broome County, stemming from the termination of her parental rights. Claims against Singer and Casella were previously dismissed. Defendants Smith, DSS, and Broome County moved to dismiss the remaining complaint in its entirety. The Court dismissed several counts based on federal statutes (FA-ACWA and Social Security Act) for lacking a private cause of action, and other counts for failing to state a claim against the specific defendants. However, the Court determined that the plaintiff adequately stated a claim under 42 U.S.C. § 1983 for a Fourteenth Amendment due process violation against Smith, DSS, and Broome County. Consequently, the defendants' motion to dismiss the complaint in its entirety was denied, and the court retained jurisdiction over the plaintiff's state law claims.

Parental RightsDue ProcessFourteenth AmendmentSection 1983Motion to DismissSubject Matter JurisdictionFailure to State a ClaimDeliberate IndifferenceFoster CareChild Welfare
References
11
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