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

Case No. ADJ2595024 (GOL 0093643) ADJ732094 (GOL 0030941)
Regular
Oct 26, 2009

FORTUNA LOPEZ SANTOS vs. PLANTEL NURSERY, STATE COMPENSATION INSURANCE FUND, U.S. FIDELITY AND GUARANTEE COMPANY

The WCAB granted reconsideration, dismissed removal, and rescinded prior decisions. A new finding of fact in GOL 0030941 establishes no cumulative trauma from May 10, 2002 to March 13, 2004, remanding for further proceedings.

WCABReconsiderationRemovalCumulative TraumaSpecific InjuryIndustrial InjuryPermanent DisabilityMedical TreatmentApportionmentSubstantial Medical Evidence
References
14
Case No. GOL 0099213
Regular
Oct 24, 2007

DEREK VELASQUEZ vs. JOSE VELASQUEZ, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant sought reconsideration of a decision barring his temporary disability claim under Labor Code Section 4656(c)(1). The applicant conceded the claim was barred but argued the statute was unconstitutional, violating equal protection. The Workers' Compensation Appeals Board denied reconsideration, adopting the Administrative Law Judge's report which stated the Board lacks jurisdiction to determine the constitutionality of statutes.

Workers' Compensation Appeals BoardDerek VelasquezJose VelasquezState Compensation Insurance FundGOL 0099213ReconsiderationAdministrative Law JudgeGreener v. Workers' Comp. Appeals Bd.Industrial InjuryCervical Spine
References
1
Case No. GOL 0092961; GOL 0092962 GOL 0092963; GOL 0092964 GOL 0092965; GOL 0092966 GOL 0095993; GOL 0096184
Regular
Jun 24, 2008

ANTHONY DERAS vs. JOHN CRAVENS PLASTERING, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration regarding an insurer's challenge to injury dates and a judge's attempt to retain jurisdiction. The Board affirmed the injury dates, finding the insurer lacked standing on several claims but upheld the specific date range for the primary claim. However, the Board rescinded the judge's reservation of jurisdiction to re-rate permanent disability, emphasizing that binding en banc precedent like the *Benson* decision must be applied.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardsCumulative TraumaWilkinson DoctrineBenson v. The Permanente Medical GroupEn Banc DecisionPrecedentReservation of JurisdictionPermanent Disability
References
5
Case No. GOL 0099075 GOL 0099076 GOL 0099077 GOL 0100393
Regular
Jan 10, 2008

LOIS M. HOUSMAN vs. SANTA BARBARA COTTAGE HOSPITAL, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning Lois Housman's entitlement to medical treatment. The Board ordered that the parties must follow the process outlined in Labor Code section 4062.2 to resolve the dispute regarding a pain psychology evaluation recommended by the applicant's treating physician. The finding that the applicant is entitled to a weight loss program was affirmed.

Workers' Compensation Appeals BoardSanta Barbara Cottage HospitalKeenan & AssociatesLois M. HousmanPetition for ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Weight Loss ProgramPsyche EvaluationDr. Errico
References
0
Case No. GOL 87924, GOL 87925, GOL 97127
Regular
Aug 21, 2007

TERESA CAMPBELL vs. TENET HEALTHCARE, Permissibly SelfInsured, Adjusted By SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding the applicant's permanent disability and apportionment. The Board found that neither the applicant's treating physician, Dr. Paule, nor the defendant's QME, Dr. Strait, provided reports that adequately complied with the requirements of Labor Code § 4663 and relevant case law on apportionment. Consequently, the case was returned to the trial level for further development of the record and a new decision on permanent disability and apportionment.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryPermanent DisabilityApportionmentCausationMedical OpinionDegenerative Disc DiseaseNon-industrial Injury
References
6
Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Mar 28, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board dismisses the applicant's petition for reconsideration as an impermissible successive petition, affirming its previous en banc decision that the applicant's Labor Code section 132a discrimination claim was preempted by the federal Employee Retirement Income Security Act (ERISA).

ERISA preemptionLabor Code Section 132adiscriminationgroup health benefitssuccessive petitionreconsiderationworkers' compensationen bancliberal construction29 U.S.C. §1144(a)
References
29
Case No. GOL 93523, GOL 98943, GOL 92904
Regular
Apr 18, 2008

Suporn Jakeo vs. LOVARC, ZENITH INSURANCE COMPANY

This case involves multiple workers' compensation claims for injuries sustained by Suporn Jakeo. The Appeals Board denied the applicant's petition for reconsideration regarding her claim of psychiatric injury, finding the WCJ's reliance on the defendant's QME was reasonable. However, the Board granted Zenith Insurance Company's petition in part, amending the award to clarify no cervical spine injury and reserving jurisdiction for carrier liability allocation.

Workers' Compensation Appeals BoardSuporn JakeoLOVARCZenith Insurance CompanyGOL 93523GOL 98943GOL 92904industrial injuryright elbowright hand
References
1
Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.

ERISA preemptionLabor Code section 132agroup health benefitsdiscrimination claimadverse actionemployee welfare benefit planworkers' compensationindustrial injuriesemployer contributionstemporary disability
References
39
Case No. ADJ537546 (GOL 0093559) ADJ1231164 (GOL 0093556) ADJ3293778 (GOL 0093558) ADJ675879 (GOL 0093560) ADJ413688 (GOL 0093561) ADJ2035050 (GOL 0093557)
Regular
Feb 10, 2015

EDWARD MCGREADY vs. SANTA BARBARA COUNTY FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied Edward McGready's petition for removal, which sought to overturn a prior decision. That prior decision had granted the employer's reconsideration request and returned the case to the trial level for further proceedings. McGready argued the employer failed to prove apportionment of disability, but the Board found removal unwarranted. Removal is an extraordinary remedy, and reconsideration remains an adequate remedy for any adverse future decisions.

Petition for RemovalReconsiderationJoint Findings and AwardAgreed Medical ExaminerApportionmentAffirmative DefenseExtraordinary RemedySubstantial PrejudiceIrreparable HarmWrit of Review
References
4
Case No. GOL 0087934, GOL 0087935, GOL 0087936
Significant
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that an employee's claim of discrimination under Labor Code section 132a, based on an employer's termination of contributions to an ERISA group health plan due to the employee's extended disability leave, is preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptiongroup health benefitsdiscriminationtemporary disabilityworkers' compensationadverse actionemployer policyfederal lawstate law
References
12
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