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

Case No. ADJ4337031 (SAC 0363533)
Regular
Aug 19, 2011

CHARLOTTE HUDSON vs. EMG CHILDREN & FAMILY SERVICES, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision, rescinding the judge's award of 11% permanent disability. The case is returned to the trial level to further develop the medical record regarding the applicant's gait derangement impairment and its valuation under *Almaraz/Guzman* principles. The judge must also address the vocational expert's entitlement to fees and consider the recent *Ogilvie* decision's impact on permanent disability determination.

Workers' Compensation Appeals BoardFindings and AwardPermanent DisabilityVocational ExpertAgreed Medical ExaminerAlmaraz/GuzmanOgilvieGait DerangementAntalgic GaitAMA Guides 5th Edition
References
Case No. ADJ1973305 (STK 0199710)
Regular
Jan 30, 2009

Silviano De La Torre vs. PETE POSTMA DAIRY, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the prior award, returning the case for re-evaluation of permanent disability. The board found merit in the applicant's argument that gait derangement and cane use were not adequately considered in the original rating. However, the WCAB upheld the finding that the defendant failed to establish apportionment to a prior injury due to a lack of due diligence. The applicant's request to apply the 1997 rating schedule was deemed waived.

Workers' Compensation Appeals BoardSilviano De La TorrePete Postma DairyState Compensation Insurance FundADJ1973305STK 0199710ReconsiderationFindings Award and OrdersWorkers' Compensation JudgeTemporary Disability
References
Case No. ADJ7238353
Regular
Dec 10, 2012

Arthur Cannon vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the denial of permanent disability for Arthur Cannon, a police officer injured in 2008. An Agreed Medical Examiner (AME) opined that while objective findings were minimal, the applicant's heel pain justified a 7% Whole Person Impairment rating by analogy to gait derangement. The WCAB found the AME's analogy was permissible under *Almaraz/Guzman* to address impairments not specifically covered by the AMA Guides, thus rescinding the original award. The dissenting opinion argued there was no objective evidence of impairment in earning capacity, normal member use, or competitive handicap, and therefore no basis for the rating.

Workers' Compensation Appeals BoardArthur CannonCity of SacramentoReconsiderationPermanent Disability Rating ScheduleAgreed Medical ExaminerAMA GuidesWhole Person ImpairmentPlantar FasciitisGait Derangement
References
Case No. ADJ869605
Regular
Nov 19, 2012

MILES GRAY vs. AT&T, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an applicant who sustained a severe right lower extremity injury, leading to multiple surgeries, significant leg length discrepancy, and fused ankle/foot, requiring constant mobility aids. The Agreed Medical Evaluator (AME) provided opinions on impairment, and vocational experts testified regarding the applicant's ability to return to work. The Workers' Compensation Appeals Board denied reconsideration of the prior award, finding substantial evidence supporting the applicant's unsuitability for rehabilitation. Defendant's supplemental reply did not alter this decision.

Agreed Medical EvaluatorVocational ExpertPetition for ReconsiderationDeniedRight Lower Extremity InjuryMultiple FracturesLeg Length DiscrepancyShoe LiftAnkle FusionGait Derangement
References
Case No. ADJ3218180 (EUR 0040749) ADJ4708435 (EUR 0040750)
Regular
Nov 19, 2010

ROBERT ZIMMERMAN vs. BRITT LUMBER COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves an appeal of permanent disability ratings for an applicant's left upper extremity and right knee injuries. The defendant contests the ratings, arguing the Agreed Medical Examiner (AME) and WCJ improperly deviated from AMA Guides methodology, particularly by combining impairment factors without adequate justification. The Appeals Board granted reconsideration, finding the AME's explanations for deviating from the Guides were insufficient. The matter is remanded for further proceedings to obtain a more adequately justified permanent disability rating.

WCABReconsiderationPermanent Disability RatingApportionmentAMA GuidesAlmaraz/GuzmanAgreed Medical Examiner (AME)Grip LossStation and GaitDiagnosis Based Estimate
References
Case No. ADJ13011053
Regular
Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation
References
Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
Case No. ADJ2964691 (LBO 0374100)
Regular
Jun 27, 2012

CARRIE JUDY vs. CHARLES DREW UNIVERSITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a finding that the applicant did not sustain new and further disability. The WCAB rescinded the decision and returned the case to the trial level for further proceedings. This action was taken because the treating physician's two medical reports, used to assess the applicant's disability, employed inconsistent methodologies from the AMA Guides, making it unclear whether the applicant's condition had worsened. The WCAB also admonished the applicant's attorney for failing to provide requested legal arguments regarding the evidence.

Workers Compensation Appeals BoardPetition for ReconsiderationNew and Further DisabilityPetition to ReopenStipulated AwardPermanent DisabilityTreating PhysicianAMA GuidesWhole Person ImpairmentGait Derangement
References
Case No. ADJ9944217, ADJ10350258
Regular
Nov 19, 2018

Nicole Fenderson vs. City & County of San Francisco

The Workers' Compensation Appeals Board denied the employer's Petition for Reconsideration. The Board affirmed the finding of injury AOE/COE to the applicant's right shoulder, upper extremity, and neck from a 2012 motor vehicle accident. The Board also upheld a 10% permanent disability rating for bilateral foot injury, finding the WCJ's reliance on Dr. Shah's assessment was proper despite apportionment issues. The defendant failed to provide substantial evidence to rebut the medical findings or the applicant's testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcumulative traumaspecific injurymotor vehicle accidentagreed medical examinerstipulated permanent disabilityAlmaraz assessmentPMG
References
Case No. ADJ9023782
Regular
Sep 20, 2019

REFUGIO PACAS vs. BARON HR. LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied new and further disability for the applicant's November 25, 2012 injury. While the Board found no new disability for the left wrist and lumbar spine, it identified potential new and further disability in the applicant's left knee. The matter is returned for further development of the record, specifically to clarify the applicant's left knee impairment with the agreed medical evaluator. The Board requires clarification on the rating methodology used for the left knee and whether it deviates from the AMA Guides.

Petition to ReopenNew and Further DisabilityStipulated AwardAgreed Medical EvaluatorRange of MotionWhole Person ImpairmentDiagnosis Related EstimateGait DerangementMuscle AtrophyArthritis
References
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