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

Case No. ADJ7744103, ADJ7580182 (MF)

Regular

May 05, 2014

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. While finding no permanent disability from the applicant's industrial foot injury, the Board determined that the applicant did sustain industrial injury in the form of a fungal foot infection and bilateral foot sprain. The Board disagreed with the trial judge's finding of no industrial injury and clarified that Dr. McCoy's opinion, not Dr. Panting's, constituted substantial evidence regarding the nature of the industrial injury. Issues of temporary disability and further medical treatment were deferred to the trial level for further decision.

AOE/COEPetition for ReconsiderationFindings and OrderAgreed Medical ExaminerPanel Qualified Medical ExaminationSubstantial EvidenceMedical ProbabilityOsteonecrosisFreiberg's infractionFungal foot infection

References

Case No. ADJ8079940

Regular

Nov 01, 2012

SANTOS ALVARADO vs. AMERIPEC, INC., COMPWEST INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by applicant's attorney, Albert A. Navarra, in the matter of Santos Alvarado v. Ameripex, Inc. The Board dismissed the petition because it was not properly served on all adverse parties, violating Labor Code section 5905. Even if properly served, the Board would have denied the petition on the merits based on the Workers' Compensation Judge's report. The Board also noted Mr. Navarra's history of rule violations in other cases, warning him of sanctions for future infractions.

Petition for ReconsiderationLabor Code section 5905service violationWCJ Report and Recommendationdeny on the meritsAlbert A. Navarrastate bar numberWCAB Rule 10845misrepresentation of recordWCAB Rule 10842

References

Case No. ADJ3545880 (LBO 0296539)

Regular

Feb 23, 2010

PEGGY PAPPIN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

In Pappin v. United Airlines, the Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming a finding of illegal discrimination under Labor Code section 132a. The employer argued the applicant's termination was for legitimate business reasons, not due to her psyche injury. However, the Board found evidence of disparate treatment where another employee with similar ticketing infractions, who had not filed a workers' compensation claim, was not terminated. The Board concluded that the employer's inconsistent rule enforcement and awareness of the applicant's injury claim supported the finding that she was singled out for disadvantageous treatment due to her industrial injury.

Labor Code section 132apsyche injurytemporary total disabilityRoldaStockmanprima facie casediscriminatory personnel actiondisparate treatmentindustrial injurytermination

References

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IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

SANTOS ALVARADO vs. AMERIPEC, INC., COMPWEST INSURANCE COMPANY

PEGGY PAPPIN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

Labor Code section 132apsyche injurytemporary total disabilityRoldaStockmanprima facie casediscriminatory personnel actiondisparate treatmentindustrial injurytermination