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

Case No. ADJ117564
Regular
Oct 05, 2012

Catrina Williams vs. Diversified Photo\/Supply, CIGA by its Servicing Facility CAMBRIDGE INTEGRATED, on behalf of FREMONT INSURANCE, in liquidation

The Workers' Compensation Appeals Board affirmed the WCJ's finding of industrial injury to the applicant's neck and bilateral upper extremities, resulting in 55.75% permanent disability. Applicant's contentions regarding apportionment of neck disability to non-industrial causes, injury to shoulders, internal systems, and psychiatric injury were largely rejected based on lack of substantial medical evidence and credibility issues. The case was remanded for further proceedings solely to address a lien claim for attorney fees filed by the applicant's prior attorney, George Slotnick.

CIGAFremont Insuranceliquidiationreconsiderationcumulative traumabilateral upper extremitiesneck injuryapportionmentnon-industrial causesAgreed Medical Examiner
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. ADJ2419502 (MON 0329358) ADJ4501373 (MON 0326365)
Regular
Oct 24, 2011

MACK JARAMILLO vs. COCA COLA BOTTLING CO., Permissibly Self-Insured

This case involves a warehouseman seeking workers' compensation for cumulative and specific injuries resulting in severe physical and psychological impairments. The applicant was awarded 100 percent permanent disability, including further medical treatment, for his specific injury. The defendant sought reconsideration, arguing the 100 percent permanent disability rating was improperly calculated by disregarding the AMA Guides' Combined Values Chart. The Appeals Board denied reconsideration, finding the WCJ properly determined the applicant was totally disabled "in accordance with the fact" under Labor Code Section 4662, supported by substantial evidence of total loss of earning capacity.

WCABPetition for ReconsiderationFindings and OrderFindings and Awardstipulationindustrial injurycervical spinelumbar spinepsycheseizure disorder
References
Case No. ADJ6981320
Regular
Jan 29, 2018

DAVID SCHWEIKERT vs. STATE OF CALIFORNIA - CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a prior award but amended it to find the applicant sustained injury to his head, neck, and left upper extremity, resulting in 72% permanent disability. The Board clarified that the applicant's lumbar spine injury, previously resolved, was not part of this claim. Furthermore, the Board determined that the applicant is not entitled to future psychiatric treatment. The decision also addressed the rating of headaches as a consciousness disorder and the use of pain add-ons, finding the original evaluations appropriate.

Workers' Compensation Appeals BoardState Compensation Insurance FundAgreed Medical ExaminersWhole Person ImpairmentAMA GuidesDRE Cervical Category IICognitive DisorderConsciousness DisorderVestibular DisorderPeripheral Vascular Disease
References
Case No. ADJ4401003 (OXN 0132344) ADJ8597266
Regular
Feb 27, 2014

Richard Hunt vs. CEMEX, AMERICAN INTERNATIONAL GROUP, INC., GALLAGHER BASSETT SERVICES, INC.

The applicant sought reconsideration of a prior award which found industrial injury to his back, neck, knee, shoulder, psyche, and sleep disorder, but only awarded permanent disability for his back injury. The Appeals Board found that the prior award was not supported by substantial evidence regarding psychiatric permanent disability. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the record regarding psychiatric permanent disability. The applicant may be entitled to additional indemnity benefits upon further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryTruck DriverPermanent Disability Indemnity BenefitsPsycheSleep DisorderUrological SystemGastrointestinal System
References
Case No. ADJ7927652
Regular
Oct 25, 2016

Bozenna Kasperowicz vs. Metropolitan State Hospital, State Compensation Insurance Fund

This case involves an industrial injury to the applicant, a psychiatric technician, sustained on June 14, 2011, from a patient strike to the head. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over psychiatric impairment and a sleep disorder rating. The WCAB affirmed the original award but reduced the permanent disability rating from 76% to 70% by excluding the sleep dysfunction impairment. The WCAB found Dr. O'Brien's opinion on psychiatric impairment more persuasive than conflicting medical evaluations and determined Dr. Matos's opinion on sleep impairment lacked substantial medical evidence due to staleness.

WCABReconsiderationPsychiatric ImpairmentWhole Person ImpairmentGAF ScoreSleep DisorderSubstantial Medical EvidencePermanent DisabilityQualified Medical EvaluatorInsomnia
References
Case No. ADJ3803320 (GOL 0099004)
Regular
Aug 13, 2012

MAURA GARCIA vs. KATHY PACKER, ALLSTATE INSURANCE COMPANY

The applicant sought reconsideration of a WCJ's finding that her psyche injury was not industrially caused. The applicant argued her psychiatric condition was a compensable consequence of her orthopedic injury. The Board granted reconsideration to correct clerical errors in the date of injury. However, the Board affirmed the WCJ's finding, agreeing that the applicant failed to prove industrial causation for her psyche injury, specifically factitious disorder, as required by Labor Code § 3208.3. The matter was returned to the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPsyche InjuryOrthopedic InjuryCompensable ConsequencePredominant CauseLabor Code section 3208.3Factitious DisorderAgreed Medical Evaluator
References
Case No. ADJ6894538
Regular
Apr 14, 2014

MICHELE CHAPMAN vs. MARIN GENERAL HOSPITAL, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a registered nurse's industrial injury. The WCJ found the applicant sustained injury to her low back, gastrointestinal system, and sleep disorder stemming from a March 28, 2008 incident. The Board affirmed the WCJ's determination of injury to the sleep disorder, finding substantial evidence in the Agreed Medical Examiner's report and the applicant's uncontradicted testimony. The defendant's petition improperly focused on permanent impairment of the sleep disorder, an issue the WCJ had deferred.

Workers' Compensation Appeals BoardMarin General HospitalZurich American InsuranceAthens AdministratorsFindings Award and OrderPetition for ReconsiderationRegistered NurseLow Back InjuryGastrointestinal SystemSleep Disorder
References
Case No. ADJ3962286 (LAO 0847943) ADJ2118358 (MON 0320906)
Regular
Oct 11, 2013

MARIANO DURAN vs. CBS OUTDOOR, Permissibly Self-Insured

This case involves two industrial injuries for the applicant, Mariano Duran, sustained in 2004. The Workers' Compensation Judge (WCJ) issued an award finding industrial injuries to the applicant's back, spine, shoulder, elbow, hypertension, heart disease, headaches, cognitive disorder, and sleep disorder, with a $91\%$ permanent disability rating after apportionment. Both applicant and defendant petitioned for reconsideration. The Appeals Board affirmed the WCJ's decision after reconsideration, finding substantial evidence supported the award and declining to remand for further proceedings regarding the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPermanent DisabilityApportionmentCervical SpineLumbar SpineHypertensionHypertensive Heart DiseaseCognitive Disorder
References
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