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

Case No. SRO 0277261
Regular
Aug 10, 2007

Luis M. Mariscal vs. Blakeley Construction, State Compensation Insurance Fund

This case involves a workers' compensation claim for a back injury where the defendant seeks reconsideration of the permanent disability rating. The core issue is whether to apportion a portion of the disability to the applicant's pre-existing pathological condition, despite the evaluating physician's potentially contradictory opinion. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for a new rating consistent with apportionment principles established in recent case law.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityQualified Medical EvaluatorLabor Code section 4663CausationSubstantial Medical EvidenceGattenEscobedo
References
Case No. VNO 0386181
Regular
Apr 05, 2007

SUSAN PASCALE vs. BLUE CROSS/WELLPOINT DENTAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT INDEMNITY

This case concerns applicant Susan Pascale's claim for workers' compensation benefits due to industrial injuries resulting in fibromyalgia and other conditions. The WCJ awarded 80% permanent disability, apportioning 20% to applicant's pre-existing personality traits based on medical opinions. The Appeals Board affirmed this decision, finding the apportionment was supported by substantial medical evidence of causation, as allowed by recent statutory changes.

Workers' Compensation Appeals BoardSusan PascaleBlue Cross/Wellpoint DentalCalifornia Insurance Guarantee AssociationFremont IndemnityVNO 0386181Opinion and Decision After ReconsiderationApplicantDefendantWCJ
References
Case No. ADJ3310998 (SBR 0339242)
Regular
Aug 09, 2017

DENNIS WHITE vs. GOLDEN WEST FRUIT COMPANY, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOME STATE COMPANIES

This case involves an appeal regarding the apportionment of permanent disability for applicant Dennis White. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new rating. The Board found that the Qualified Medical Evaluator, Dr. Sofia, provided substantial medical evidence supporting apportionment of applicant's permanent disability to pre-existing degenerative conditions, as required by current law. This decision overturns the trial judge's finding that apportionment was not established.

ApportionmentQualified Medical EvaluatorPermanent DisabilityReconsiderationFindings and AwardSubstantial Medical EvidenceEscobedoGattenDegenerative ChangesCausation
References
Case No. SJO 0235006
Regular
Apr 04, 2008

Geronimo Vasquez vs. RAMOS BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a prior award for Geronimo Vasquez's back injury, adjusting the permanent disability. The Board found that 20% of the applicant's permanent disability should be apportioned to a pre-existing condition, reducing the overall award. The weekly indemnity rate was also corrected from $230.00 to $93.33.

Workers Compensation Appeals BoardGeronimo VasquezRamos Building MaintenanceState Compensation Insurance FundSJO 0235006ReconsiderationPermanent DisabilityApportionmentPre-existing ConditionQualified Medical Evaluator
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
Case No. ADJ4649587 (OAK 0314357)
Regular
Nov 10, 2009

LEITRISS ROMINE vs. COUNTY OF ALAMEDA

The WCAB affirmed the WCJ's decision awarding applicant 42% permanent disability for an industrial injury, rejecting the defendant's argument for apportionment based on a QME's opinion. The Board found the QME's report lacked a full explanation of the apportionment.

ApportionmentWCABFindings Award and OrderReconsiderationLumbar SpineOrthopedistQualified Medical EvaluatorNon-industrial FactorsSB 899Escobedo v. Marshalls
References
Case No. ADJ7200914
Regular
Jul 19, 2012

KENNETH WILLIAMS vs. THE BOEING COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend a previous award. The Board found that the applicant's primary treating physician's apportionment of 15% of the hip disability to non-industrial factors was based on substantial medical evidence, and should have been incorporated. This amendment reduced the applicant's permanent disability rating from 72% to 66%. The dissenting opinion argued that the physician's apportionment lacked sufficient detail to constitute substantial evidence.

Workers' Compensation Appeals BoardKenneth WilliamsThe Boeing Companyaircraft mechaniccumulative injurypermanent disabilityapportionmentPhilip A. SobolM.D.orthopedist
References
Case No. ADJ8121071
Regular
Aug 19, 2016

BINH NGUYEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, affirming the award of temporary total disability benefits. However, the Board amended the decision regarding permanent disability apportionment. The Board found Dr. Halbridge's opinion of 20% non-industrial apportionment for pre-existing cervical spondylosis to be substantial evidence. Consequently, the applicant's permanent disability was reduced to 13%, reflecting this apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardTemporary Total DisabilityPermanent DisabilityApportionmentQualified Medical Evaluator (PQME)Dr. Neil J. Halbridgeorthopedic surgerycumulative trauma
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. SAL 0102926
Regular
Oct 16, 2007

LORRAINE O. SOVINSKY vs. CAD DESIGN SOFTWARE, STATE COMPENSATION INSURANCE FUND

This case involves a worker injured on the job who sought reconsideration of a prior award. The Appeals Board granted reconsideration to amend the award, ordering the employer to pay for the worker's self-procured medical treatment at Dominican Hospital. However, the Board affirmed the finding of 21% permanent disability after apportionment, citing substantial medical evidence that supports such apportionment, similar to precedent in a prior case.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilitySelf-Procured Medical TreatmentIndustrial InjurySpine InjuryAgreed Medical ExaminerSubstantial EvidenceMedical Treatment Expenses
References
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