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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. ADJ4702604 (MON 0293583) ADJ2539407 (MON 0293581) ADJ593062 (MON 0310215)
Regular
May 03, 2010

MARLU HARRIS vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE COMPANY, HEALTH NET, AIG

This case involves two alleged cumulative industrial injuries for Marlu Harris, one with Health Net and another with the County of Los Angeles. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB agreed with the WCJ's admission of error, concluding that based on Labor Code sections 5412 and 5500.5, only one cumulative trauma date of injury applies. This decision rescinds the previous award, finding that there was no compensable disability or wage loss during the Health Net employment to establish a separate injury date. The matter is returned to the trial level for further proceedings and a revised decision.

Workers' Compensation Appeals BoardMarly HarrisCounty of Los AngelesHealth NetAIGADJ4702604ADJ2539407ADJ593062ReconsiderationJoint Findings of Fact and Award
References
Case No. ADJ7139856
Regular
May 26, 2015

GEORGE HARRIS vs. NUMACJ MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied George Harris's petition for reconsideration of a decision that awarded him 65% permanent disability. The WCJ's report, which the Board adopted, found that Harris did not sustain injuries to numerous body parts claimed beyond those already admitted. While the WCJ's initial decision contained a clerical error regarding the date of injury, it was corrected to January 8, 2005, aligning with the evidence. The Board agreed with the WCJ's apportionment of permanent disability based on causation, as supported by medical evaluations.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDate of InjuryPermanent DisabilityTotal Permanent DisabilityHVAC Service TraineeNumac MechanicalInc.State Compensation Insurance Fund
References
Case No. ADJ7476655
Regular
Mar 16, 2017

RAFAEL HERNANDEZ vs. HARRY MURPHY, INC.; UNITED STATES FIDELITY AND GUARANTY COMPANY, administered by YORK RISK SERVICES

This Workers' Compensation Appeals Board (WCAB) decision dismisses the applicant's Petition for Removal because reconsideration is the appropriate remedy for a final order imposing sanctions. The WCAB adopted the Workers' Compensation Judge's (WCJ) reasoning to deny the subsequent Petition for Reconsideration. Therefore, the applicant's request for removal was dismissed and their petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationWCJ reportFinal orderSubstantive rightLiabilityFindings and Order Imposing SanctionsSan Jose District OfficeYork Risk Services
References
Case No. EUR 0039401
Regular
Mar 19, 2008

ELENA HARRIS vs. COUNTY OF HUMBOLDT

The Workers' Compensation Appeals Board granted reconsideration for Elena Harris's case, rescinding the previous Findings and Award. The Board found it necessary to further develop the medical record, particularly Dr. Hutchinson's opinions on causation and apportionment, and to clarify the applicant's date of injury. The matter is remanded to the trial level for a new decision after these issues are addressed.

Workers' Compensation Appeals BoardPermissibly Self-InsuredSenior Real Estate AppraiserCumulative Trauma InjuryPsycheLabor Code Section 3208.3(h)Rolda v. Pitney BowesInc.Substantial Medical EvidencePost-Permanent and Stationary Events
References
Case No. ADJ3018378 (VNO 0540682)
Regular
Jul 05, 2011

JAMES HARRIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a prior award for applicant James Harris, a police officer injured in 2005. The Board rescinded the previous award and remanded the case for further proceedings to recalculate the life pension and attorney fees. The Board affirmed the finding of 72% permanent disability, finding the physician's opinion substantial evidence despite the defendant's challenges. The decision also addressed the timing of Cost of Living Adjustments (COLAs) for life pensions, adopting reasoning that applies them from the January 1st following the injury date.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAmended Findings and AwardPolice OfficerIndustrial InjuryHeart InjuryGastrointestinal System InjuryHypertensionPermanent Disability
References
Case No. ADJ17343281
Regular
Apr 14, 2025

HARRIS WELLS vs. METROPOLITAN TRANSIT AUTHORITY

Harris Wells, a revenue collector, sustained injuries to his feet, ankles, and low back while employed by Metropolitan Transit Authority. The WCJ awarded temporary disability and attorney's fees but denied the defendant credit for EDD reimbursements. Defendant petitioned for reconsideration, arguing the WCJ erred in denying the credit. The Appeals Board granted reconsideration, rescinded the First Amended Findings and Award, and returned the matter for further proceedings. This was due to the WCJ's failure to make findings of fact on temporary disability and attorney's fees, and precluding the defendant from pursuing a credit for EDD reimbursements without proper adjudication.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityEDD Reimbursement CreditRichter v. Frontier CommunicationsPermanent DisabilityMedical Reporting InconsistenciesExpedited TrialLabor Code Section 5909
References
Case No. ADJ4633903 (GRO 0031346)
Regular
Apr 27, 2009

LILLIAN HARRIS vs. SAN LUIS SOURDOUGH, ACE

The Workers' Compensation Appeals Board granted reconsideration to reduce Lillian Harris' permanent disability award. The Board found that the Agreed Medical Examiner's apportionment of 50% of the cervical and lumbar spine disability to non-industrial factors was supported by substantial medical evidence. Therefore, the original 32% unapportioned award was amended to 20% permanent disability after apportionment. This adjustment was based on the stipulation of the parties and the revised interpretation of apportionment law.

ReconsiderationApportionmentCumulative traumaPermanent disabilityAgreed Medical ExaminerLabor Code section 4663CausationSubstantial evidenceMedical probabilityDegenerative disc disease
References
Case No. ADJ10055937
Regular
Jul 18, 2016

WILLIE HARRIS vs. KAISER STEEL RESOURCES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Kaiser Steel Resources, Inc.'s Petition for Removal in the case of Willie Harris. The dismissal was based on the petition being untimely filed, exceeding the twenty-five-day deadline for removal petitions served by mail in California. The WCAB noted that proof of mailing is insufficient; the petition must be received by the WCAB within the allowed timeframe. Even if timely, the petition would have been denied on its merits as per the WCJ's report.

Petition for RemovalUntimely FilingWCAB Rule 10843(a)WCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Service by MailDeadline ExtensionNon-final Decision
References
Case No. ADJ8777166
Regular
Jan 15, 2016

OZELIA HARRIS vs. POMONA UNIFIED SCHOOL DISTRICT, CORVEL

The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings. The applicant, Ozelia Harris, sustained a psyche injury arising out of and in the course of employment due to a stressful work environment. This stress stemmed from a confrontational principal and an overall difficult employment setting, not a good faith personnel action. The WCJ found entitlement to temporary total disability benefits for a specific period, with permanent disability and future medical treatment denied.

ADJ8777166POMONA UNIFIED SCHOOL DISTRICTCORVELPetition for ReconsiderationWCJcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.injury AOE/COEpsychestressful work environment
References
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