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

Case No. ADJ246378 (MON 0251329), ADJ3258197 (MON 0228135), ADJ419157 (MON 0184421)
Regular
Jul 03, 2012

GERALD WATSON vs. CONTINENTAL INSURANCE COMPANY\/ESIS, SANTA MARGARITA HIGH SCHOOL, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board has denied Gerald Watson's Petition for Reconsideration in its entirety. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the original decision remains unmodified.

Workers' Compensation Appeals BoardGerald WatsonContinental Insurance CompanyESISSanta Margarita High SchoolFireman's Fund Insurance CompanyADJ246378ADJ3258197ADJ419157Order Denying Reconsideration
References
Case No. ADJ1017829 (MON 0310518)
Regular
Jan 13, 2011

GERALD SNELL vs. STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH

This order denies Gerald Snell's petition for reconsideration in his workers' compensation claim against the State of California Department of Mental Health. The Workers' Compensation Appeals Board adopted and incorporated the reasoning of the administrative law judge's report, finding no grounds to overturn the original decision. Therefore, Snell's request for review of the prior ruling is officially rejected.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgeWCJSTATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTHGERALD SNELLApplicantDefendantORDER DENYING RECONSIDERATION
References
Case No. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
References
Case No. ADJ9178137
Regular
Oct 29, 2015

GERALD GRAHAM vs. CITY OF ORANGE, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the trial judge's findings, and remanded the case for further proceedings. The Board found the trial judge's decision lacked clarity regarding the specific body parts injured, the date of injury under Labor Code section 5412, and the application of the statute of limitations to numerous claimed injuries. This lack of specificity rendered the findings on industrial causation and defenses unclear. The Board instructed the trial judge to obtain further medical reporting and issue a new decision addressing all claimed body parts and conditions.

Workers' Compensation Appeals BoardGerald GrahamCity of OrangeKeenan & AssociatesFindings and OrderPetition for ReconsiderationLabor Code section 5412Statute of LimitationsLachesPost-termination Defenses
References
Case No. ANA 0395316
Regular
Dec 31, 2007

GERALD ZEVNICK vs. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT

The Appeals Board granted reconsideration of the original decision, rescinding the prior order that the hospital's lien was reasonable and entitled to penalties. This action returns the case to the trial level to allow the defendant employer the opportunity to present their expert bill reviewer's testimony on the reasonableness of the charges. The Board found that the defendant was denied due process when their expert witness was prevented from testifying due to an automobile accident, and the WCJ improperly denied a continuance.

Workers' Compensation Appeals BoardGerald ZevnickHuntington Beach Union High School Districtpermissible self-insuredlienHuntington Beach Hospitalreasonableness of chargesdue processcontinuanceexpert witness
References
Case No. ADJ6675568
Regular
May 01, 2015

GERALD KEYES vs. B&L MECHANICAL, LINCOLN GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of industrial injury to the applicant's teeth. This injury was found to be a consequence of medications prescribed for a prior industrial back injury, which caused dry mouth and accelerated tooth decay. While the apportionment of industrial versus non-industrial causation was debated, the Board found substantial medical evidence supporting that the industrial medications contributed to the dental condition. The decision focused on causation of injury, not permanent disability apportionment.

Workers' Compensation Appeals BoardGerald KeyesB&L MechanicalLincoln General Insurance CompanyADJ6675568dental injuryhyposalivationPQMEDr. Gregory StephensDr. Dennis Shamlian
References
Case No. ADJ6525207
Regular
Aug 28, 2009

MICHAEL GRAY vs. WATSON ROOFING, INC., NATIONAL UNION FIRE INSURANCE COMPANY, AIG DOMESTIC CLAIMS, INC.

This case concerns a clerical error in a previous Workers' Compensation Appeals Board decision where the applicant's injury and temporary disability dates were mistakenly listed as 2009 instead of 2008. The Board issues an order correcting these specific dates nunc pro tunc across multiple pages of the prior opinion. This ensures the record accurately reflects the true year of the applicant's injury and the commencement of his temporary disability benefits. The correction is effective as of the original decision date.

Nunc pro tuncClerical errorReconsiderationTemporary disabilityDate of injuryAppeals BoardWorkers' Compensation Appeals BoardWatson RoofingNational Union Fire Insurance CompanyAIG Domestic Claims
References
Case No. ADJ8076231, ADJ7548354, ADJ8286584, ADJ8286596
Regular
Aug 01, 2014

Gerald Miller vs. CITY OF FRESNO

The Workers' Compensation Appeals Board granted Gerald Miller's petition for reconsideration of an earlier award. The Board found the original judge did not adequately address the affirmative defense of good faith personnel actions regarding Miller's psychiatric injury claim. Therefore, the case is returned to the trial level for further proceedings to clarify whether the alleged personnel actions were lawful and in good faith and if they substantially caused Miller's injury. This amendment defers the determination of the psyche injury claim pending this further review.

WCABPetition for ReconsiderationJoint Findings of Fact and Awardcumulative traumapolice officerpsyche injuryLabor Code section 3208.3(h)good faith personnel actionsubstantial causepredominant cause
References
Case No. ADJ1260866 (LAO 0864160) ADJ985895 (LAO 0864161)
Regular
Dec 28, 2011

GERALD MAYES vs. BIG LOTS; SEDGWICK CMS

The Applicant, Gerald Mayes, sought removal of a trial setting order, arguing the defendant's readiness declaration was insufficient and his medical condition had significantly worsened post-AME. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal. This dismissal was primarily based on the applicant's failure to verify the petition, a mandatory requirement. Even if verified, the WCAB would have denied the petition as the applicant failed to demonstrate irreparable harm or significant prejudice.

Petition for RemovalUnverified PetitionDeclaration of ReadinessPermanent and StationaryAME ReportCervical ConditionSurgeryIrreparable HarmSignificant PrejudiceMinute Order
References
Case No. ADJ1968745; ADJ3771069; ADJ1711136
Regular
Aug 04, 2025

PETER WATSON vs. FPL ENERGY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by The Prescription Center Pharmacy. The petition challenged a Findings and Order from August 29, 2022, concerning the disallowance of medication charges for applicant Peter Watson. The Board applied equitable tolling to the statutory 60-day period for acting on the petition due to administrative delays in receiving the case file, ensuring a decision on the merits. The Board ultimately concluded that the petitioner failed to establish grounds for reopening discovery, willful suppression of evidence by the defendant FPL Energy, or the medical necessity for many of the disallowed medications, based on the findings of Agreed Medical Examiner Dr. Mark Hyman.

Workers' Compensation Appeals BoardPetition for ReconsiderationEquitable TollingLabor Code Section 5909Electronic Adjudication Management System (EAMS)Due ProcessSubstantial JusticeFindings and AwardPrescription Center PharmacyAdverse Inference
References
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