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

Case No. ADJ18001417
Regular
Sep 05, 2025

CHRISTOPHER CANDIA vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Christopher Candia v. City and County of San Francisco. The Board adopted the Arbitrator's Report and Recommendation, which found applicant Christopher Candia's meningioma to be a compensable industrial injury. The decision was based on the cancer presumption under Labor Code section 3212.1 for firefighters, as the medical opinion of treating neurosurgeon Dr. Bruce McCormack classified the tumor as Grade II, indicating malignant features, and evidence showed Candia's exposure to carcinogens during his employment. The Board upheld the arbitrator's determination, giving greater weight to Dr. McCormack's opinion over the IME Dr. Raye Bellinger's.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportLabor Code Section 5909Electronic Adjudication Management Systemsubstantial evidenceneurosurgeontreating physicianIMEmeningioma
References
Case No. ADJ450513 (GOL 0098571)
Regular
Mar 11, 2011

MONICA LEDESMA vs. FIRESTONE VINEYARD, STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration of the WCJ's award, finding the physician's permanent disability opinion lacked substantial evidence. Specifically, Dr. Scheinberg failed to adequately explain his shift in impairment rating from Category II to Table 6-9, which addresses herniation, without providing sufficient justification. Consequently, the Board rescinded the award and returned the case to the trial level for further proceedings to ensure the decision is based on substantial medical evidence. The WCJ may also address the defendant's other contentions, including temporary disability offset.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineSleep DisorderTemporary DisabilityPermanent DisabilitySubstantial EvidenceAMA Guides
References
Case No. ADJ7690958
Regular
Jul 17, 2012

MICHEL SALMO vs. PHASE II TRANSPORTATION, GREAT AMERICAN INSURANCE COPANY

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision. The judge found the applicant, Michel Salmo, to be an independent contractor, not an employee of Phase II Transportation, at the time of his alleged injury. This finding was based on the judge's assessment of Salmo's testimony as unreliable and contradictory regarding his truck ownership and lease arrangements. The Board adopted the judge's report and recommendations, emphasizing the great weight given to credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGarza v. Workers' Comp. Appeals Bd.independent contractoremployeeemployment relationshiplease agreementowner-operatorcontrol
References
Case No. ADJ2172104 (SAC 0326562)
Regular
Jan 15, 2015

THOMAS MEEKER vs. OREGON PACIFIC BUILDING PRODUCTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION INSURANCE COMPANY

This case involves a dispute over the validity of a utilization review (UR) denial for an applicant's requested prescription medication. Initially, the administrative law judge found the UR denial invalid because the reviewing physician did not examine all relevant medical reports. However, following the en banc decision in *Dubon II*, the Appeals Board reversed this finding. The Board ruled that under *Dubon II*, only untimely UR decisions are invalid; other defects, like incomplete medical review, must be addressed through the Independent Medical Review (IMR) process. Therefore, the UR denial was deemed valid as it was timely.

Utilization ReviewRequest for AuthorizationProvigilDubon IIIndustrial InjuryPermanent DisabilityFuture Medical TreatmentPetition for ReconsiderationAdministrative Law JudgeWorkers' Compensation Appeals Board
References
Case No. ADJ9460638
Regular

DAVID HAMALIAN vs. HANSEL FORD, SECURITY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding a WCJ's order that rescinded a prior finding of no material defect in the defendant's Utilization Review (UR). This decision was based on a subsequent en banc ruling, *Dubon II*, which held that UR decisions are invalid only if untimely. Consequently, the Board rescinded the WCJ's Amended Findings & Order and remanded the case for further proceedings and a new decision consistent with *Dubon II*. The prior finding that the UR was not materially defective was rescinded, and the matter will be reheard to determine the UR's timeliness and applicant's need for surgery.

Utilization ReviewMaterial DefectDubon IDubon IIPetition for ReconsiderationFindings & OrderRescindedAdministrative Law JudgeAppeals BoardEn Banc Decision
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. GRO 30592
Regular
Jul 24, 2007

RICKY RODRIGUEZ vs. TURNKEY SCHOOLS OF AMERICA, CAMBRIDGE INTEGRATED SERVICES

This case concerns the determination of which permanent disability rating schedule (1997 or 2005) applies to an applicant injured in 2003. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and remanded the case for a new decision applying the 2005 Schedule. The WCAB found the defendant's notice of last temporary disability payment was premature as payments continued past January 1, 2005, thus requiring the 2005 Schedule per controlling precedent.

Labor Code section 4660(d)1997 Schedule2005 SchedulePendergrass IIBaglione IIcomprehensive medical-legal reporttreating physiciantemporary disability indemnitypermanent disabilityAOE/COE
References
Case No. ADJ4409748 (MON 0316373)
Regular
Jul 27, 2009

KIMBERLY HOLLIS vs. KDS BUSINESS SYSTEMS, INC., HARTFORD ACCIDENT \u0026 INDEMNITY CO.

The WCJ's decision to use the 1997 PDRS instead of the 2005 PDRS is rescinded because it did not explain how the 1997 PDRS was used. The case is returned for a decision addressing the Labor Code section 4660(d) requirement.

WCABReconsiderationPost-Reconsideration Findings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Cumulative TraumaIndustrial InjuryRes Judicata
References
Case No. RDG 115205
Regular
Sep 18, 2007

GOLDIE GENAW vs. NORTH STATE MINI-MARTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision regarding which permanent disability rating schedule applied. The WCAB found that the 2005 Schedule applied because the last temporary disability payment was made after January 1, 2005, triggering notice requirements under Labor Code section 4061. The case was returned to the trial level for further proceedings to ensure compliance with binding en banc decisions and proper evidentiary record development.

Workers' Compensation Appeals BoardGoldie GenawNorth State Mini-MartsState Compensation Insurance Fundpermanent disability rating schedule1997 Schedule2005 Schedulecomprehensive medical-legal reportsLabor Code section 4660Labor Code section 4061
References
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