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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7326084, ADJ7326039
Regular
May 10, 2013

THERESA GONZALES vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior order that assigned the applicant an Occupational Group Number (OGN) of 251. The applicant, a Senior Special Investigator handling child abuse cases, argued her duties warranted a higher OGN due to integral law enforcement training and the potential for dangerous situations. The Board agreed that while not a sworn police officer (OGN 490), her quasi-law enforcement duties and required training placed her more appropriately in Group 390 (Security Officer), rescinding the prior finding and returning the case for further proceedings.

Occupational Group NumberSenior Special InvestigatorLaw enforcement trainingIntegral part of occupationSecurity OfficerPolice OfficerSworn officersPermanent Disabilities Rating ScheduleReconsiderationJoint Findings and Order
References
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
Case No. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
Case No. ADJ4132514 (SAC 0199422)
Regular
Jul 18, 2014

ERNEST HOLMES vs. THE HUNTINGTON GROUP, SEDGWICK CMS

This case concerns a Petition for Reconsideration filed by Applicant Ernest Holmes. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely because it was filed beyond the statutory 20-day limit plus an additional 5 days for mailing. Even if timely, the WCAB would have denied the petition on its merits based on the administrative law judge's report. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Petition for ReconsiderationuntimelyWCABWCJLabor Code section 5903Code of Civil Procedure section 1013administrative law judgeFinding of FactConclusion of Lawdismissal
References
Case No. ADJ3871980 (SBR 0332495) ADJ1578450 (SBR 0333829) ADJ7125261
Regular
Nov 05, 2010

ANITA BAKER vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, PSI, Adjusted and Administered By KAISER PERMANENTE MEDICAL GROUP

This case involves Anita Baker's workers' compensation claim against Southern California Permanente Medical Group. The Workers' Compensation Appeals Board denied reconsideration of the judge's decision. The primary dispute centered on the calculation of diminished future earning capacity, with the applicant arguing for a calculation based on actual lost earnings and the defendant relying on statutory guidelines and expert testimony. The Board adopted the judge's report, which found in favor of the applicant regarding the calculation of permanent disability, incorporating aspects of both expert opinions and considering the applicant's specific circumstances.

Workers Compensation Appeals BoardSouthern California Permanente Medical GroupKaiser Permanente Medical GroupPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOgilvie v. City and County of San Franciscodiminished future earning capacityFindings and Awardcontinuous traumabilateral upper extremities
References
Case No. ADJ8583938 ADJ8584068
Regular
Aug 20, 2014

DALIA PEREZ vs. STAPLES, ACE AMERICAN INSURANCE COMPANY, ESIS

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Removal filed by the applicant, Dalia Perez. The dismissal was based on the finding that the petition was not timely filed. The WCAB adopted and incorporated the reasoning of the administrative law judge's report recommending dismissal. This order means the applicant's attempt to remove the case from the administrative process failed due to procedural timeliness.

Petition for RemovalTimely-filedAdministrative Law JudgeWorkers' Compensation Appeals BoardDismissedStaplesAce American Insurance CompanyESISADJ8583938ADJ8584068
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ3236135 (ANA 0384292) ADJ2545424 (ANA 0384288)
Regular
Feb 10, 2016

VERONICA MARTINEZ vs. PIZZA HUT CORPORATION/YUM BRANDS INC., AMERICAN CASUALTY COMPANY

This Workers' Compensation Appeals Board (WCAB) case involves a lien claimant, Royal Medical Group/Ghanshyam Lohiya, M.D., seeking reconsideration of a prior WCAB decision. The prior decision amended an administrative law judge's findings to specify the total amount owed to the lien claimant was $20,975.00, affirming the original order in all other aspects. The lien claimant requested additional sums, penalties, and interest. The WCAB denied the petition for reconsideration, incorporating its prior decision and affirming the \$20,975.00 award.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings and OrderDecision After ReconsiderationMedical GroupAdministrative Law JudgePenaltiesInterestRoyal Medical Group
References
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