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

Case No. ADJ2849802 (MON 0335685) ADJ2615302 (MON 0335686)

Regular

Dec 07, 2012

FEDERICO PARDO vs. FELIX MANUFACTURING COMPANY, INC., VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

This case involves a worker injured in an industrial eye injury who also claims psychological injury and a consequential shoulder injury. The Appeals Board granted reconsideration to address the employer's challenge to the psychological injury finding, agreeing that the medical evidence for it was not substantial. The Board also noted that the award for reimbursement to EDD requires clarification due to the potential reduction in permanent disability. The matter is returned to the trial judge for further proceedings and a new final decision on these issues.

Workers' Compensation Appeals BoardFelix Manufacturing CompanyVirginia Surety CompanyApplied Risk ServicesFederico Pardoforklift operatorindustrial injuryleft eye injurypsyche injurycompensable consequence injury

References

Case No. ADJ4379045 (ANA 0389616)

Regular

Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing

References

Case No. ADJ18803348

Regular

May 30, 2025

FEDERICO PEREZ vs. FIRST BAPTIST CHURCH OF WALNUT CREEK, WALNUT CREEK CHRISTIAN ACADEMY, CHURCH MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration filed by the defendants, First Baptist Church of Walnut Creek, Walnut Creek Christian Academy, and Church Mutual Insurance Company, in the case of applicant Federico Perez. The applicant alleged a right shoulder injury on September 7, 2023. The defendants were admonished for violating WCAB Rule 10945 by misstating material facts and referencing documents not in the trial record. The Board affirmed the WCJ's findings that the applicant provided pre-termination notice of the injury, and established injury arising out of and in the course of employment (AOE/COE) and entitlement to temporary total disability, based on credible testimony and the Panel QME report of Dr. Adam Brooks. The decision also addressed the timeliness of the Board's action on reconsideration petitions under Labor Code section 5909 and the post-termination defense under Labor Code section 3600(a)(10).

WCABPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemEAMSTransmission of CaseNotice of TransmissionReport and RecommendationWCAB Rule 10945Misstatement of Facts

References

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FEDERICO PARDO vs. FELIX MANUFACTURING COMPANY, INC., VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

FEDERICO PEREZ vs. FIRST BAPTIST CHURCH OF WALNUT CREEK, WALNUT CREEK CHRISTIAN ACADEMY, CHURCH MUTUAL INSURANCE COMPANY