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

Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
Case No. ADJ7331781
Regular
Dec 10, 2012

GARY TERRELL vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Gary Terrell's workers' compensation claim against the County of San Diego. The Board affirmed the original decision but amended Finding of Fact No. 3. This amendment clarifies that the date of injury, for the purposes of Labor Code section 5412, spans from August 21, 1971, to May 1, 2010. The Board adopted and incorporated the administrative law judge's report into its opinion.

Workers' Compensation Appeals BoardGary TerrellCounty of San DiegoPermissibly Self-InsuredADJ7331781Opinion and Order Granting ReconsiderationDecision After ReconsiderationReport of Workers' Compensation Administrative Law JudgeLabor Code section 5412Date of Injury
References
Case No. AHM 144623
Regular
Apr 25, 2008

GARY WARD vs. GARDNER TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves Gary Ward as the applicant and Gardner Trucking and its insurer as defendants. The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. All future communications regarding this matter must be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationReconsideration UnitGardner TruckingNational Interstate InsuranceGary WardApplicantDefendantOpinion and OrderDecision After Reconsideration
References
Case No. ADJ3829595 (SRO 0136102)
Regular
Oct 18, 2010

GARY BOATRIGHT vs. ARGONAUT CONSTRUCTORS, STATE COMPENSATION INSURANCE FUND

This case involves Gary Boatright, a construction laborer, seeking reconsideration of a 92% permanent disability rating following a 2005 industrial injury. Boatright contends he is permanently and totally disabled due to significant physical limitations including paralysis of his right leg, impaired upper extremities, and chronic severe pain requiring substantial narcotic medication. The Appeals Board granted reconsideration, finding that based on medical and vocational expert opinions, Boatright has sustained a total loss of earning capacity. Consequently, the Board reversed the prior award and remanded the case for a new award of 100% permanent total disability.

Gary BoatrightArgonaut ConstructorsState Compensation Insurance Fundindustrial injuryneckbackbilateral upper extremitiescervical spinal cordgait impairmentsexual dysfunction
References
Case No. ADJ9860231
Regular
Apr 05, 2023

GARY COX vs. APPLIED PROCESS COOLING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal in the case of *Gary Cox v. Applied Process Cooling; State Compensation Insurance Fund*. The dismissal occurred because the petitioner voluntarily withdrew their request for removal. Consequently, the Board issued an order formally dismissing the petition. This decision does not address the merits of the underlying workers' compensation claim.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardAdjudication NumberOpinion and OrderGary CoxApplied Process CoolingState Compensation Insurance FundStockton District Office
References
Case No. ADJ3284256 (MON 0333658)
Regular
Jul 02, 2014

GARY BANKS vs. WOLFE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Gary Banks' Petition for Reconsideration as untimely. The petition was filed more than 25 days after the July 2, 2014 order, exceeding the statutory 20-day filing period plus 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 dismissal of the Petition for Reconsideration.

Petition for ReconsiderationUntimelyWCJ ReportLabor Code Section 5903WCAB Rule 10507Administrative Law JudgeDismissedWolfe TruckingState Compensation Insurance FundGary Banks
References
Case No. ADJ4216049 (EUR 0039619)
Regular
May 05, 2009

GARY M. GILBERT vs. NORTHWOOD AUTO PLAZA, INC., STATE COMPENSATION INSURANCE FUND

This case concerns applicant Gary M. Gilbert's claim for workers' compensation benefits following a right knee injury. The primary dispute centers on the calculation of permanent disability, with applicant arguing the eight percent award was too low. Applicant contended the vocational rehabilitation counselor's testimony regarding loss of future earnings should have been considered, but the administrative law judge excluded this. The Appeals Board granted reconsideration, deferring the permanent disability and attorney's fees issues to allow the trial judge to reconsider in light of precedent on rebutting the 2005 Permanent Disability Rating Schedule.

Workers' Compensation Appeals BoardGary M. GilbertNorthwood Auto PlazaState Compensation Insurance FundOpinion and Decision After Reconsiderationindustrial injuryright kneepermanent disabilityapportionmentloss of future earnings
References
Case No. ADJ6596343
Regular
May 16, 2018

GARY GOBIN vs. INTEL CORPORATION

The Appeals Board rescinded the WCJ's decision and returned the case for further development, finding the WCJ erred by deferring the determination of whether personnel actions were a substantial cause of the psychiatric injury to the medical evaluator. The Board noted that the applicant's psychiatric injury likely stemmed from job stressors predating the employer's subsequent personnel actions. Competent medical evidence is required to distinguish causation of injury from causation of permanent disability, and the applicant's injury may have been caused by inability to adapt to workload demands before personnel actions were taken.

Workers' Compensation Appeals BoardGary GobinIntel Corporationcumulative traumapsyche injurygood faith personnel actionsLabor Code section 3208.3(h)Panel Qualified Medical Evaluator (PQME)Dr. Alberto LopezRolda v. Pitney Bowes
References
Case No. ADJ9415345
Regular
Dec 28, 2018

MARIELA TORRES vs. GARY SAKAKIHARA, ZENITH INSURANCE COMPANY

In *Torres v. Sakakihara*, the Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), who properly relied on the opinion of an agreed medical evaluator (AME). The WCAB found no persuasive reason to disregard the AME's opinion, upholding the original decision.

Petition for ReconsiderationAgreed Medical EvaluatorWCJ reportadopted and incorporatedunpersuasive opinionWorkers' Compensation Appeals BoardMariela TorresGary SakakiharaZenith Insurance CompanyADJ9415345
References
Case No. ADJ3434154
Regular
Mar 28, 2011

GARY ZIMMERMAN vs. LEPRINO FOODS, INC., MATRIX ABSENCE MANAGEMENT COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.

Labor Code section 132aLeprino FoodsMatrix Absence Management CompanyGary ZimmermanBrian Belanger D.C.permanent and stationary reportunion grievanceArbitratorback payreinstatement
References
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