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

Case No. ADJ12906916

Regular

Feb 25, 2025

Celia Clara Bautista vs. Cal Central Harvesting, Inc.

Defendant sought reconsideration of a WCJ's decision finding industrial injury to the applicant in the form of uterine cancer and to the right foot. Defendant contended the WCJ erred by relying on Dr. Lonky's opinions, arguing his specialty was not relevant and he did not adequately consider exposure and latency periods. The Appeals Board granted reconsideration, finding that the medical record needed further development from additional specialists (oncology, gastroenterology, orthopedics) and supplemental reporting or testimony from Dr. Lonky, thus deferring the issues of industrial injury.

Workers' Compensation Appeals BoardCumulative InjuryUterine CancerRight Foot InjuryPulmonologyToxicologyLatency PeriodPanel Qualified Medical EvaluatorSubstantial Medical EvidencePetition for Reconsideration

References

Case No. ADJ6772716

Regular

Sep 13, 2017

KEYSTIN CONROY vs. TORRANCE MEMORIAL MEDICAL CENTER, BETA HEALTHCARE GROUP

The Workers' Compensation Appeals Board affirmed the findings of the WCJ, denying the applicant's claim for an injury to her internal organs. The Board found the applicant failed to exercise due diligence to obtain evidence of this alleged injury before discovery closed. Additionally, the Board upheld the stipulated permanent disability indemnity rate of $161.44 per week, finding no good cause to modify it based on post-injury earnings. The applicant's request for an additional QME panel was also denied as it was not timely pursued.

Workers' Compensation Appeals BoardReconsiderationInjury AOE/COEQualified Medical EvaluatorAgreed Medical EvaluatorPetition to ReopenNew and Further DisabilityPermanent Disability Indemnity RateStipulationsPost-Injury Earnings

References

Case No. LAO 0862653

Regular

Sep 21, 2007

MICHAEL J. MESTAS vs. HMK ENGINEERING, INC., STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration, finding that the WCJ's orders for further medical development were interlocutory and not final orders subject to reconsideration. The Board also denied the applicant's request for removal, finding no substantial prejudice or irreparable harm to justify this extraordinary remedy. The WCJ's orders for panel QMEs were deemed appropriate to expedite the resolution of disputed medical issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalFindings and OrderOrder To Further Develop RecordQualified Medical EvaluatorInternal MedicineGastroenterologyPsychiatryLabor Code section 5502

References

Case No. ADJ3415530 (SAC 0368136), ADJ1469791 (SAC 0325629)

Regular

Jun 04, 2012

BARBARA BARTLETT GRIFFIN vs. SUTTER GENERAL HOSPITAL, CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC.

Preferred Employers Insurance Company sought reconsideration of an arbitrator's decision finding an industrial cumulative cervical and left shoulder injury. The arbitrator ordered defendants Everest and Preferred to contribute to a third owed by them, with their shares determined by their respective contributions in the last year of cumulative trauma. The Appeals Board dismissed Preferred's petition because it was unverified, as required by Labor Code section 5902, and lacked proof of service on the Workers' Compensation Appeals Board.

Petition for ReconsiderationUnverified PetitionProof of ServiceWorkers' Compensation Appeals BoardArbitration DecisionCumulative TraumaCervical InjuryLeft Shoulder InjuryLabor Code Section 5902Lucena v. Diablo Auto Body

References

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Celia Clara Bautista vs. Cal Central Harvesting, Inc.

KEYSTIN CONROY vs. TORRANCE MEMORIAL MEDICAL CENTER, BETA HEALTHCARE GROUP

MICHAEL J. MESTAS vs. HMK ENGINEERING, INC., STATE FARM INSURANCE COMPANY

BARBARA BARTLETT GRIFFIN vs. SUTTER GENERAL HOSPITAL, CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC.