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

Case No. ADJ7189565
Regular
Mar 28, 2013

CHARTRIC DARBY vs. DETROIT LIONS, LIBERTY MUTUAL INSURANCE CO., SEATTLE SEAHAWKS

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for removal, finding that the insurer failed to demonstrate the extraordinary circumstances required for such a request. The Board determined that the insurer did not establish irreparable harm, as reconsideration after a final award would be an adequate remedy. The case was returned to the trial level for a new judge to consider evidence related to an ongoing grievance proceeding, provided it meets specific evidentiary standards. The new judge will then decide how, if at all, the grievance proceeding impacts the applicant's workers' compensation claim.

Petition for RemovalMandatory Settlement ConferenceGrievance ProceedingCollective Bargaining AgreementChoice of ForumChoice of LawIrreparable HarmReconsiderationWCJMedical-Legal Reports
References
Case No. ADJ8777230
Regular
Jun 29, 2015

TIMETHY BLAKELEY vs. AIR RESOURCES BOARD, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by the defendants, Air Resources Board and State Compensation Insurance Fund, following a Workers' Compensation Appeals Board (WCAB) decision that awarded benefits to Timothy Blakeley. The defendants argued the administrative law judge erred in determining Blakeley's psychiatric injury was not primarily caused by lawful personnel actions and that the causation threshold was misapplied. The WCAB denied the petition, adopting the WCJ's report which found the defendants failed to demonstrate the personnel actions were in good faith and that the applicant's injury was predominantly work-related. The WCAB gave significant weight to the WCJ's credibility determination of the applicant's testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationLabor Code ยง3208.3(h)substantial causegood faith personnel actionpsychiatric injuryAir Resources BoardSCIFAME Dr. Donald Feldman
References
Case No. VNO 523632
Regular
May 03, 2007

WAYNE ANDERSON vs. AIR CARGO TRANSPORT SERVICES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by two child support agencies. The WCAB rescinded the prior order approving a compromise and release because the agencies were not properly served with the order, violating their due process rights. The case is returned to the trial level to determine the validity of the child support liens and their payment.

Workers' Compensation Appeals BoardCompromise and ReleaseLien ClaimantChild Support ServicesPetition for ReconsiderationRescinded OrderDefective ServiceDue ProcessWCJTrial Level
References
Case No. ADJ334261
Regular
Jul 17, 2013

VICTORIA ENRIQUEZ vs. COUNTY OF SANTA BARBARA

The applicant sought reconsideration of the Appeals Board's prior decision that returned the case to the judge for further proceedings. The Board dismissed the applicant's petition because the prior decision was not a final order, as it did not determine any substantive rights or liabilities. Labor Code section 5900(a) only allows reconsideration of final orders. The applicant may petition for reconsideration after a final decision is issued by the judge.

WCABPetition for ReconsiderationDismissalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWCJFurther ProceedingsAdequate Record
References
Case No. ADJ3235679 (SFO 0509485)
Regular
Aug 02, 2011

JENNIFER MILLER vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT

This case involves an applicant claiming her employer violated Labor Code section 132a by discriminating against her due to work restrictions following an industrial injury. The applicant alleged she was taken off work and threatened with termination despite her ability to perform her job. The Appeals Board overturned the trial judge's finding of discrimination. They reasoned that the employer's actions were a reasonable response to escalating medical restrictions and applicant's symptoms, not discriminatory treatment. The Board found the applicant's evidence of disparate treatment compared to a coworker with a non-industrial condition was too vague and insufficient to prove discrimination.

Labor Code Section 132aDiscriminationReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryDriving RestrictionsCervical FusionBehavioral ClinicianPsychiatric Social WorkerTemporary Disability
References
Case No. ADJ9073366
Regular
Jul 06, 2015

HECTOR AYALA vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. This denial was based on affirming the Administrative Law Judge's (WCJ) credibility determination, which found the applicant not to be credible. The WCJ's report, adopted by the Board, highlighted the applicant's lack of timely medical reporting prior to termination and inconsistencies in his testimony regarding the reported injuries. Ultimately, the applicant failed to meet the burden of proving his injury arose out of and occurred in the course of employment by a preponderance of the evidence.

WCABPetition for ReconsiderationDenialCredibility DeterminationWCJ ReportAOE/COEPreponderance of EvidenceIndustrial CausationPost-Termination ClaimDisciplinary Action
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9219504
Regular
Dec 22, 2016

SANDY CASAS vs. NESTLE HOLDINGS, INC., ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board affirmed the Administrative Judge's finding that applicant Sandy Casas sustained a left shoulder injury arising out of and in the course of employment. The Board found that Nestle Holdings, Inc. had notice of the injury prior to applicant's termination on October 14, 2013, based on applicant's report to HR on October 9, 2013, and the subsequent HR investigation. Therefore, the post-termination defense under Labor Code section 3600(a)(10) was not applicable. The Board also affirmed the WCJ's finding that the Agreed Medical Evaluator's report was based on substantial evidence.

Workers' Compensation Appeals BoardPost-termination defenseLabor Code section 3600(a)(10)Notice of injuryPre-terminationAgreed Medical EvaluatorSubstantial evidenceHuman ResourcesGrievanceSupervisor misconduct
References
Case No. ADJ7186024, ADJ3949694 (MON 0361859)
Regular
Jun 18, 2019

GREGORY ENNEPER vs. ENTERTAINMENT PARTNERS' WARNER BROS.

The Workers' Compensation Appeals Board (Appeals Board) rescinded a prior decision and returned the case to the arbitrator for further proceedings. The Appeals Board found the original record lacked clarity regarding the specific issues submitted and findings of fact made by the arbitrator. To prevail on its contribution petition, the defendant must prove the applicant sustained a cumulative trauma injury and establish the date of injury under Labor Code section 5412, which requires both disability and knowledge of its industrial origin. The arbitrator must now create a proper record, including a summary of evidence and reasons for the determination, to allow for meaningful reconsideration.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCumulative Trauma InjuryPetition for ContributionDate of InjuryLabor Code Section 5412DisabilityKnowledge of Industrial OriginArbitrator's Report
References
Case No. ADJ3714921
Regular
Mar 24, 2011

SANDRA GONZALEZ vs. VONS, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied Sandra Gonzalez's petition for reconsideration. The Board adopted and incorporated the findings of the workers' compensation administrative law judge. The judge found that Gonzalez's transfer to a different store after a strike was a good faith personnel action based on legitimate business needs. The judge also gave great weight to his credibility findings, which influenced the decision to deny reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGood Faith Personnel ActionPsychiatric InjuryTransferCollective Bargaining AgreementUnion GrievanceHearsay ObjectionCredibilityStrike
References
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