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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. VNO 0509254
Regular
Apr 17, 2008

CAROL LEVENSON vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a claim for bilateral hearing loss and tinnitus allegedly caused by noise exposure during firearms training. The Appeals Board found the opinion of the Agreed Medical Evaluator, Dr. Grossan, to be substantial evidence, concluding that the applicant's conditions were not work-related. Consequently, the Board denied the applicant's claim for hearing loss and tinnitus, awarding only reimbursement for medical-legal liens.

Workers' Compensation Appeals BoardRemovalTemporary DisabilityFindings and AwardLicensing Program AnalystBilateral Hearing LossFirearms TrainingShooting RangeTinnitusQualified Medical Evaluator (QME)
References
Case No. ADJ8782360
Regular
Jun 01, 2018

Eldridge Taylor vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board denied a petition for reconsideration, affirming a prior award to Eldridge Taylor. The award included permanent disability for cumulative trauma injuries, sleep disorder, and hearing loss. The employer argued the sleep disorder rating was subsumed by orthopedic pain, the hearing loss lacked substantial evidence, and the WCJ failed to properly apportion non-industrial factors. The Board adopted the WCJ's report, finding sufficient medical evidence for the sleep disorder and hearing loss. The dissenting opinion argued the sleep disorder award should be rescinded as it stemmed solely from industrial pain already rated.

Workers' Compensation Appeals BoardEldridge TaylorCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8782360Cumulative TraumaCorrectional OfficerParole OfficerSleep Disorder
References
Case No. ADJ16783938; ADJ16778187
Regular
Aug 28, 2025

Polly Mark Dizon vs. Spears Manufacturing Company, Zurich San Francisco

Applicant Polly Mark Dizon filed applications for cumulative and specific injuries. The Workers' Compensation Administrative Law Judge (WCJ) issued a Findings and Order (F&O) requiring additional Qualified Medical Examination (QME) panels, which the defendant opposed. Defendant filed a Petition for Removal, arguing they would suffer substantial prejudice. The Appeals Board granted the Petition for Removal, finding that due process was violated as no evidentiary record was made, and the Minutes of Hearing were unclear. Consequently, the May 24, 2024 F&O was rescinded, and the matter returned to the trial level for further proceedings consistent with the Board's opinion.

Petition for RemovalQualified Medical Examinationsubstantial prejudiceMinutes of HearingOrdered Off CalendarFindings and OrderHearing LossHeadachesNeurologyAudiology
References
Case No. ADJ10168722
Regular
Feb 27, 2017

Kenneth Kail vs. Central Freight Lines, Ace American Insurance Company, ESIS

This case involves a workers' compensation claim for hearing loss by an applicant against Central Freight Lines. The defendant sought to deny the claim based on the statute of limitations and a post-termination defense, arguing the applicant knew of his industrial injury earlier. However, the applicant credibly testified he was unaware his hearing loss was work-related until a 2015 hearing test. Based on this, the Board adopted the WCJ's findings and denied reconsideration, finding the claim timely filed after the applicant's realization of the industrial causation.

WORKERS' COMPENSATION APPEALS BOARDFindings and AwardPetition for Reconsiderationstatute of limitationspost-termination defenseLabor Code section 5405Labor Code section 3600(a)(10)date of injurycumulative injuriesdisability
References
Case No. ADJ1785165 (OAK 0297869) ADJ2923303 (OAK 0312736)
Regular
Nov 01, 2013

MICHAEL BORMAN vs. ACME STEEL CO., ILLINOIS TOOL WORKS, ACE, ZURICH NORTH AMERICA, SENTRY CLAIMS SERVICE

This case involves a worker's claim for permanent total disability due to an industrial injury including hearing loss. The Court of Appeal annulled the WCAB's denial of reconsideration, holding that the WCAB erred by failing to apportion the hearing loss portion of the cumulative trauma. Consequently, the prior award is rescinded, and the case is remanded for further proceedings to ensure an award consistent with the Court of Appeal's opinion regarding apportionment.

RemittiturAnnulledApportionmentLabor Code Section 4663Cumulative TraumaHearing LossBilateral Upper ExtremitiesWorkers' Compensation Appeals BoardCourt of AppealFindings and Award
References
Case No. ADJ7932281
Regular
Sep 05, 2012

RICHARD HINOJOSA vs. CITY OF RIVERSIDE

This case denied the employer's petition for reconsideration of an award for industrial hearing loss. The employer argued the claim was barred by the statute of limitations, but the Board found the applicant did not know or reasonably should have known his hearing loss was work-related before his termination. The applicant's awareness of symptoms alone did not satisfy the legal standard for knowledge of industrial causation. Therefore, the claim was deemed timely under Labor Code section 3600(a)(10).

permanent disabilityhearing lossstatute of limitationslachespost-termination defenseLabor Code section 3600(a)(10)date of injury5412cumulative injuryreasonable diligence
References
Case No. ADJ6548746
Regular
Jun 30, 2015

TYRONE TUCKER vs. YOSEMITE WATER, U.S. FIDELITY & GUARANTEE COMPANY

The applicant sought reconsideration of a workers' compensation award. The Board granted reconsideration to address the applicant's claims regarding hearing loss and an overlooked 15% increase in permanent disability payments. While the Board affirmed the denial of the hearing loss claim due to insufficient evidence, it amended the award to include the 15% increase under Labor Code section 4658(d)(2), finding its omission by the trial judge to be inadvertent.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings of Fact and Awardnew and further injurypermanent disabilitytemporary disabilityLabor Code section 3202hearing losstinnitusneurological injury
References
Case No. ADJ8918710
Regular
Sep 12, 2016

JAMES FRASER vs. GEIL ENTERPRISES, INC., dba VALLEY SECURITY AND ALARM, US FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues, specifically regarding the applicant's claim of $100\%$ permanent total disability due to brain injury. The WCAB rescinded the previous award, which found $85\%$ permanent disability and excluded hypertension and hearing loss. The Board determined that hypertension and hearing loss should be included as industrially injured body parts. However, the WCAB found insufficient evidence to conclusively determine permanent total disability and deferred that issue for further development. The case is returned to the trial level for additional proceedings regarding permanent disability.

Workers' Compensation Appeals BoardOpinion and Decision After Reconsiderationindustrial injurypermanent disabilitypermanent total disabilityLabor Code Section 4662brain injurypermanent mental incapacityhypertensionhearing loss
References
Case No. ADJ 7941996
Regular
Apr 26, 2016

ROBERTO ALVAREZ vs. LINK STAFFING, INC., ARCH INSURANCE COMPANY

This case concerns a disputed lien dismissal where the lien claimant's representative allegedly falsified hearing minutes to obtain the rescission of a dismissal order. The Appeals Board dismissed the employer's petition for reconsideration because the rescission order was not a final decision. However, the Board granted removal due to serious allegations of misconduct, remanding the case to the WCJ for an evidentiary hearing on whether the representative appeared, tampered with records, or made false statements. The WCJ is also tasked with making findings and recommendations on potential sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardReconsiderationLien DismissalPetition for ReconsiderationPetition for RemovalMinutes of HearingFraudMisconductSanctionsLabor Code Section 5813
References
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