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

Case No. STK 182176
Regular
Mar 07, 2008

ShAENA SOUTHARD vs. HALLMARK CARDS/ROYAL SUNALLIANCE, SARA LEE/BROADSPIRE

The Workers' Compensation Appeals Board denied Sara Lee's petition for reconsideration, affirming the WCJ's finding of cumulative injury sustained while working for Sara Lee. The Board relied on the Labor Code § 5402(b) presumption of compensability due to Sara Lee's failure to deny the claim within 90 days of receiving the DWC-1 form. Additionally, the Board found the medical opinion of Dr. Feinberg, which attributed a portion of the injury to Sara Lee's employment, to be credible and substantial evidence.

WCABPetition for ReconsiderationCumulative InjurySara LeeHallmark CardsLabor Code § 5402(b)Presumption of CompensabilityAgreed Medical EvaluatorQualified Medical EvaluatorDr. Steven D. Feinberg
References
Case No. ADJ7650146
Regular
Dec 11, 2013

ZHIWEN YAN vs. BICYCLE CLUB CARD & CASINO, YORK RISK SERVICES

This case involves an applicant, Zhiwen Yan, and defendants Bicycle Club Card & Casino and York Risk Services. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being untimely and unverified, as detailed in the administrative law judge's report. Therefore, the WCAB ordered the petition dismissed.

Petition for ReconsiderationDismissedUntimelyUnverifiedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationBicycle Club Card & CasinoYork Risk ServicesZhiwen Yan
References
Case No. ADJ2345980
Regular
Oct 11, 2011

LUIS SANDOVAL-HERNANDEZ vs. HALLMARK SOUTH, ST. PAUL/TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied applicant Luis Sandoval-Hernandez's petition for reconsideration in case ADJ2345980. The Board adopted and incorporated the report of the workers' compensation administrative law judge in reaching its decision. The specific grounds for the denial are not detailed in this order but are referenced as being in the judge's report. Therefore, the original decision of the WCJ stands.

Sandoval-HernandezHallmark SouthSt. Paul/Travelers InsuranceADJ2345980SBR 0333982Reconsideration DeniedWorkers' Compensation Appeals BoardWCJ Report AdoptedJudicial ReviewAppeal Outcome
References
Case No. ADJ1136158 (LBO 0381365)
Regular
Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous finding, and found that applicant Dario Mendez sustained an industrial injury to his low back and right leg. The WCAB determined that a lifting incident on November 15, 2005, at the Hawaiian Gardens Card Club, contributed to a new injury despite Mendez's pre-existing back condition. They found the applicant's explanation for the delay in reporting the injury credible, and that the evidence supported a new injury rather than merely an exacerbation of a prior condition. The WCAB deferred all other issues, including the extent of the injury and compensation.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation
References
Case No. LAO 801322
Regular
May 23, 2008

O.C. MARSHALL (Deceased) JENNIFER MARSHALL (Widow) vs. ARCO/BRITISH PETROLEUM; ESIS

This case concerns a widow's appeal of a denial of workers' compensation benefits for her husband's death. The Administrative Law Judge (ALJ) denied benefits, finding the death was due to natural causes and not his employment as a pipe fitter for Arco/British Petroleum. The Workers' Compensation Appeals Board affirmed the denial, finding the applicant's medical expert's opinion lacked substantial evidence due to an inaccurate history and incomplete analysis of the decedent's medical records and family history.

Workers Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeQualified Medical EvaluatorQMEatherosclerotic diseasehypertension
References
Case No. ADJ941771
Regular
Oct 31, 2008

YUN MEI SUN vs. HUSTLER CASINO

This case involves lien claimants seeking reconsideration of an award, arguing their services were inadequately paid after the applicant's case settled. The Workers' Compensation Appeals Board dismissed their petition because they failed to properly serve the defendant and other parties. The Board also noted that, even without the procedural defect, the petition would likely have been denied on the merits.

WCABPetition for ReconsiderationLien ClaimantsDismissalProof of ServiceLabor Code Section 5905California Code of Regulations Title 8 Section 10850Supplemental Findings Award and OrderCompromise and ReleaseCumulative Industrial Injury
References
Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
Case No. ADJ10362335
Regular
Mar 06, 2018

WILLIBALDO DURAN ESCANDON vs. VALLEYCREST LANDSCAPING MAINTENANCE, CHUBB GROUP OF INSURANCE, ESIS

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the Administrative Law Judge's decision. The Applicant alleged a left shoulder injury sustained while employed as a landscaper on February 25, 2016. The Board found the WCJ's credibility determinations, based on observing witnesses, to be sound and supported by substantial evidence. The WCJ appropriately admitted an employer letter rebutting testimony about the date of injury and employment. Medical evidence from Dr. McCreesh supported an industrial injury, while Dr. Poon's opinions were deemed speculative and inflammatory.

WILLIBALDO DURAN ESCANDONVALLEYCREST LANDSCAPING MAINTENANCECHUBB GROUP OF INSURANCEESISRECONSIDERATION OF FINDINGS AND AWARDGarza v. Workmen's Comp. Appeals Bd.credibility determinationsADJ10362335Mandtory Settlement Conference (MSC)Pre-Trial Conference Statement
References
Case No. ADJ7904261
Regular
Dec 02, 2013

MIRIAM D. ESPINOSA vs. JOSE L. SERRANO dba EL BAJIO MEXICAN RESTAURANT, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Miriam Espinoza's petition for reconsideration of the denial of temporary partial disability (TPD) benefits. The Board adopted the WCJ's report, which found the applicant failed to prove she was legally entitled to work in the United States at the time of her claim for TPD. This conclusion was based on evidence of a false social security number provided at hire and the applicant's assertion of Fifth Amendment rights regarding her immigration status. Therefore, the applicant was not entitled to benefits based on an ability to return to modified or alternative work.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeIndustrial InjuryTemporary Partial DisabilityImmigration StatusRight to WorkSocial Security NumberGreen CardFifth Amendment
References
Case No. ADJ150938
Regular
Sep 26, 2008

NOELLE EWING vs. ENTERTAINMENT PARTNERS, CNA CLAIM PLUS

The WCAB granted reconsideration, rescinded the WCJ's decision, and found that applicant's claim of psyche injury is not barred by section 3208.3(d) because she was employed for at least six months.

Labor Code section 3208.3(d)psychiatric injurysix-month employment rulePetition for ReconsiderationFindings and OrderapplicantdefendantWCJstipulated awardpermanent disability
References
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