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

Case No. ADJ9635847
Regular
Oct 07, 2016

GANNON MASZK vs. CITY OF CARLSBAD

This case involves a workers' compensation claim for a hiatal hernia, GERD, and Barrett's Esophagus. The defendant sought to apportion the applicant's permanent disability, arguing that the presumed industrial cause of the hernia did not extend to subsequent GERD complications. However, the Appeals Board denied reconsideration, finding that the medical examiner's apportionment was not based on the *cause of the permanent disability*, but rather on the *cause of the injury*. Therefore, in the absence of legally sufficient apportionment, the applicant was awarded unapportioned permanent disability.

WCABGannon MaszkCity of CarlsbadKeenan AssociatesADJ9635847Petition for ReconsiderationFindings and Awardcumulative traumahiatal herniaGERD
References
Case No. ADJ1686112 (OAK 0339047)
Regular
Nov 20, 2018

CARLOS CALDERON vs. HERSHEY FOOD COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that only 20% of the GERD impairment was due to the industrial injury. The applicant argued the QME's apportionment report lacked substantial evidence, but the Board agreed with the WCJ that the doctor provided sufficient reasoning. The QME's report detailed the applicant's prior history of GERD and explained how NSAID prescriptions related to the work injury contributed to the current impairment. Therefore, the Board found the QME's opinions on apportionment and permanent disability to be substantial evidence.

Workers' Compensation Appeals BoardGERDapportionmentQMEPatricia WigginsM.D.permanent disability42% permanent disabilitygastritisNSAIDs
References
Case No. ADJ9191721, ADJ7337791
Regular
Nov 09, 2017

RICARDO BARAJAS vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

This case concerns a petition for reconsideration by the defendant school district regarding an award to the applicant, Ricardo Barajas. The applicant sustained injuries on October 26, 2012, impacting multiple body parts and resulting in $70\%$ permanent partial disability. The defendant contested the finding that applicant suffered from GERD and that it contributed $25\%$ to his whole person impairment, arguing the medical evidence was insufficient. The Workers' Compensation Appeals Board denied the petition, finding that the QME's reports on GERD, including causation and impairment, constituted substantial evidence. The Board affirmed that the AMA Guides allow for clinical judgment, and Dr. Sherman's opinions were supported by his examination, medical records, and cited research.

Workers' Compensation Appeals BoardRicardo BarajasAntelope Valley Union High School DistrictCORVEL CORPORATIONFindings Award and OrderQualified Medical EvaluatorDr. Shermangastroesophageal reflux diseaseGERDwhole person impairment
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. ADJ9771839
Regular
Jan 27, 2020

MICHAEL KARLIS vs. CITY OF GLENDALE

This case involves a firefighter's workers' compensation claim for injuries including to his spine, skin, and cardiovascular system. The defendant appealed the initial award, arguing for a cardiac MRI, disputing the cause of GERD, and questioning the disability rating for the skin condition. The Appeals Board granted reconsideration to address these issues. Ultimately, the Board affirmed the award, reducing the permanent disability rating slightly to 87% due to a re-evaluation of the skin condition impairment rating.

GERDNSAIDLVHechocardiogramcardiac MRIactinic keratosisprecancerous lesionsdisfigurementAMA Guidespermanent disability rating
References
Case No. ADJ1528752 (FRE 0238108) ADJ2715270 (FRE 0238107) ADJ4356655 (FRE 0238106)
Regular
Mar 10, 2014

JUANITA GUZMAN vs. BEST BUY, GALLAHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant's orthopedic injuries were established, resulting in a $29\%$ permanent disability rating. However, the applicant failed to provide substantial medical evidence that her industrial injuries caused or contributed to her alleged cardiovascular system issues, sleep apnea, GERD, or hypertension. Specifically, the opinion of the applicant's expert, Dr. Cayton, was deemed not substantial evidence due to reliance on an inaccurate and unverified history of the applicant's weight.

Workers' Compensation Appeals BoardJoint Findings of Fact and AwardPetition for ReconsiderationAdministrative Law JudgeBest BuyGallaher Bassett ServicesInc.Permanent DisabilityIndustrial InjuriesOrthopedics
References
Case No. ADJ8109410
Regular
Apr 03, 2015

KRISTINA BROOKS vs. COUNTY OF TULARE

The Workers' Compensation Appeals Board reversed the Administrative Law Judge's decision, finding that the applicant's hiatal hernia and GERD were not industrial injuries. The Board determined that the Labor Code section 3212 presumption for hernias in law enforcement officers was rebutted by medical evidence. Specifically, the Board found that the applicant's hiatal hernia was primarily caused by complications from a prior non-industrial bariatric surgery, not her employment. Therefore, the Board rescinded the award for medical treatment and temporary/permanent disability.

Labor Code section 3212presumptionrebuttalhiatal herniaGERDQualified Medical EvaluatorIra FishmanM.D.deposition testimonybariatric surgery
References
Case No. ADJ9576412
Regular
Aug 08, 2018

MARTIN MOCCALDI vs. G4S SECURE SOLUTIONS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award finding the applicant sustained a cumulative trauma injury to his heart and GERD. The employer alleged the applicant misrepresented his work stress and that the date of injury was unsupported as no time was lost from work. The Board found the employer's petition contained misleading representations, admonished them for advocacy that crossed into misrepresentation, and upheld the WCJ's credibility determinations. The Board also clarified that the date of injury for statute of limitations purposes was not an issue at trial.

MoccaldiG4S Secure SolutionsNational Union Fire Insurance CompanyGallagher Bassett ServicesWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative Trauma InjuryGERDCardiovascular System
References
Case No. ADJ10645876
Regular
Feb 07, 2023

GINA ROSALES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) reconsidered a case where the applicant claimed work injuries to her psyche, head, back, and body systems. The WCAB rescinded the original decision, finding insufficient development of the medical record regarding the applicant's claims of GERD and hypertension. However, the WCAB upheld the finding that the applicant did not sustain psyche or orthopedic injuries arising out of and in the course of employment. The case is remanded for further proceedings to obtain a supplemental medical opinion on the body systems injuries and then for a new decision by the WCJ.

AOE/COEPro PerFindings and OrderOpinion on DecisionReconsiderationWCJHealth Services AssistantPsyche InjuryBody Systems InjuryGERD
References
Case No. ADJ7254961
Regular
Jan 14, 2013

LAURA VASQUEZ vs. DEL MONTE FRESH PRODUCE INC., LIBERTY MUTUAL INSURANCE

This case involves Laura Vasquez's petition for reconsideration after a Workers' Compensation Appeals Board judge denied her claim for industrial injuries. The judge found Vasquez did not meet her burden of proof, discrediting her testimony and relying on specific medical opinions while rejecting others. The Board denied reconsideration, largely adopting the judge's reasoning and affirming the sufficiency of the medical evidence against the applicant. However, one commissioner dissented, arguing for further development of the record on claims of hypertension and GERD due to potentially relevant medical commentary.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryNeck InjuryBack InjuryLower ExtremitiesUpper ExtremitiesPsycheHypertension
References
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