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

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. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ1991870
Regular
Sep 07, 2010

TOM DRENNAN vs. SUPERIOR INSPECTION SERVICES, FIREMAN'S FUND INSURANCE COMPANY

This case involves an employer's petition for reconsideration of a WCJ's award finding industrial injury to the applicant's left knee, both hips, and gastrointestinal system as consequential to an admitted right knee injury. The defendant argues that a prior 2005 WCJ decision denying consequential injury to the left knee and hips is res judicata. The Appeals Board granted reconsideration, amending the award to remove the left knee and hip injuries, holding that the 2005 decision was final and the five-year time limit to reopen under Labor Code sections 5410 and 5804 had passed. The finding of consequential injury to the gastrointestinal system and 29% permanent disability remain affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable ConsequencesRes JudicataIndustrial InjuryLeft KneeHipsGastrointestinal SystemPermanent Disability
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ1323644 (VNO 0276170)
Regular
Nov 15, 2011

CHARLES STRICKLAND vs. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior order allowing the commutation of $245,000 for the applicant to purchase a new home. The Board found the applicant had not presented substantial evidence that the commutation was in his best interest, citing a vague status of the new home purchase and applicant's complicated financial situation. The case is returned to the trial level for further proceedings to develop a clearer record on the applicant's finances and home purchase details. The Board seeks to ensure the commutation is truly in the applicant's best interest and all financial implications are accounted for.

WORKERS' COMPENSATION APPEALS BOARDCOMMUTATIONPERMANENT DISABILITYFINDINGS OF FACT AND ORDERPETITION FOR RECONSIDERATIONLABOR CODE SECTION 5100WCJINDUSTRIAL INJURYPSYCHOLOGICAL SYSTEMGASTROINTESTINAL SYSTEM
References
Case No. ADJ3726826
Regular
Mar 04, 2010

MARIBEL ESCOBAR vs. YGNACIO VALLEY CARE CENTER, CARE WEST INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding it timely filed. The Board affirmed the WCJ's finding that the applicant sustained industrial injuries to her lumbar spine and psyche, with compensable consequential injuries to her gastrointestinal system and a sleep disorder. Substantial medical evidence, including opinions from Dr. Cayton for the sleep disorder and Dr. Noriega for the gastrointestinal issues, supported the award. The Board also found Dr. Walcott's psychiatric opinion constituted substantial evidence, justifying the WCJ's disability findings.

Workers' Compensation Appeals BoardMaribel EscobarYgnacio Valley Care CenterCare West InsurancePegasus Risk ManagementFindings Award and OrderNursing AssistantIndustrial InjuriesLumbar SpinePsyche Injury
References
Case No. ADJ3767134 (VNO 0419005) ADJ195629 (VNO 0419004)
Regular
Mar 11, 2010

KATHY ROZA vs. DYNAMIC HOME CARE, INC., CLARENDON INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CREDIT GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied all petitions for reconsideration regarding an applicant's industrial injuries. The Board affirmed the original finding that the applicant sustained injuries to her low back and gastrointestinal system, but denied claims for psychological, hip, knee, and hypertension issues. The Board found no clerical error in the finding of gastrointestinal injury and clarified that Clarendon Insurance Company's obligation to pay permanent disability indemnity was distinct from CIGA's liability. Ultimately, the Board concluded that Clarendon's petition lacked merit and its obligation to pay the awarded permanent disability indemnity was clear.

Workers' Compensation Appeals BoardCIGAClarendon Insurance CompanyCredit General Insurance Companyliquidationlicensed vocational nurseindustrial injurieslow back injurygastrointestinal system injurytemporary disability indemnity
References
Case No. ADJ4551658
Regular
Jul 16, 2012

KARIN WHITE vs. CITY OF PASADENA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, but granted the defendant's petition. The Board amended the original decision to exclude industrial injury to the applicant's gastrointestinal system and found that the applicant sustained industrial injury to her heart and hypertension. The Board affirmed the $42\%$ permanent disability award but corrected the total indemnity to $\$ 49,450.00$.

Petitions for ReconsiderationFindings and AwardPolice OfficerIndustrial InjuryHeart InjuryHypertensionGastrointestinal SystemPsycheMultiple SclerosisPermanent Disability
References
Case No. ADJ6682947
Regular
Nov 13, 2015

GARY WOLFE vs. TRI-SIGNAL INTEGRATION, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Board affirmed the WCJ's decision to reopen the case, finding that the applicant sustained "new and further disability" within five years of his 2007 industrial injury. This new disability was identified as injury to the gastrointestinal system, specifically hemorrhoids, necessitating further medical treatment. The Board also clarified the applicant's permanent disability rating as 75% and awarded indemnity. Defense counsel's procedural objection regarding the applicant's attorney was deemed waived.

Petition to ReopenNew and Further DisabilityGood Cause to ReopenStiipulated AwardPermanent DisabilityMedical TreatmentGastrointestinal SystemHemorrhoidsFive-Year PeriodLabor Code Section 5410
References
Case No. ADJ6894538
Regular
Apr 14, 2014

MICHELE CHAPMAN vs. MARIN GENERAL HOSPITAL, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a registered nurse's industrial injury. The WCJ found the applicant sustained injury to her low back, gastrointestinal system, and sleep disorder stemming from a March 28, 2008 incident. The Board affirmed the WCJ's determination of injury to the sleep disorder, finding substantial evidence in the Agreed Medical Examiner's report and the applicant's uncontradicted testimony. The defendant's petition improperly focused on permanent impairment of the sleep disorder, an issue the WCJ had deferred.

Workers' Compensation Appeals BoardMarin General HospitalZurich American InsuranceAthens AdministratorsFindings Award and OrderPetition for ReconsiderationRegistered NurseLow Back InjuryGastrointestinal SystemSleep Disorder
References
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