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

Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
Case No. SJO 0251644
En Banc
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Appeals Board holds that for the 1997 Schedule for Rating Permanent Disabilities to apply to a pre-2005 injury, a comprehensive medical-legal report or treating physician's report issued before 2005 must explicitly indicate the existence of permanent disability.

Workers' Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesOpinion and Order Granting ReconsiderationDecision After ReconsiderationEn Banc1997 Schedule2005 Schedule
References
Case No. VNO 0495347
Regular
Jul 07, 2008

JOHN LIEBIG vs. LEXINGTON ACQUISITION, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained admitted industrial injuries, and the central dispute is which permanent disability rating schedule applies. The defendant sought reconsideration, arguing the 2005 Schedule should apply instead of the 1997 Schedule used by the trial judge. The Appeals Board granted reconsideration, finding that pre-2005 reports did not sufficiently indicate permanent disability to trigger the exception allowing the 1997 Schedule. Consequently, the case was returned to the trial level for permanent disability determination under the 2005 Schedule.

Workers' Compensation Appeals BoardLexington AcquisitionState Compensation Insurance FundVNO 0495347Opinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injuryneckback
References
Case No. SAC 0345394
Regular
Feb 22, 2008

DIANA RICHMOND vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, legally uninsured

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule. The applicant argued that a pre-2005 MRI and subsequent medical opinions indicated permanent disability, thus triggering the older 1997 Schedule. The Board found that the MRI report alone was insufficient and that the AME's opinion on prior permanent disability was too late to qualify for the exception.

Workers' Compensation Appeals BoardDiana RichmondState of California Department of Justicelegally uninsuredSAC 0345394Opinion and Order Denying ReconsiderationFindings and AwardFebruary 222008industrial injury
References
Case No. ADJ13444464
Regular
Jul 03, 2025

LUIS ARNULFO BERMEO CUEVA vs. EMIL BENJAMIN ARAUJO GALVEZ, JOSE CARPIO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the applicant's attorney. The petition challenged a prior Findings and Order from February 24, 2015, which found no employment relationship between the deceased applicant, Luis Arnulfo Bermeo Cueva, and the alleged employers, King Auto Sales or Rex Auto Sales. The Board affirmed the trial judge's finding, applying the 'ABC' test for employment, concluding that the applicant was an independent contractor based on evidence he rented space, used his own tools, and exercised control over his work, and that mechanical work was outside the usual course of the hiring entities' business.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemTransmission of CaseReport and RecommendationFindings and OrderEmploymentIndependent ContractorABC Test
References
Case No. WCK 066521
Regular
Dec 21, 2007

SALLY MERDIAN vs. AIG PRIMARY WC PROGRAM c/o GALLAGHER BASSETT SERVICES, INC., And Their Insured AIG CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration to allow further development of the record regarding which permanent disability rating schedule applies. The Board rescinded the previous decision and returned the case to the trial level to determine if the applicant missed enough time for medical treatment to trigger a notice requirement under Labor Code section 4061 before January 1, 2005. Proceedings are to be stayed pending a California Supreme Court decision on a related case, *Vera v. Workers' Comp. Appeals Bd.*

Workers' Compensation Appeals BoardSally MerdianAIG Primary WC ProgramGallagher Bassett Servicesindustrial injurybilateral upper extremitiesneckpermanent and stationary2005 Schedule1997 Schedule
References
Case No. VNO 0495162
Regular
Sep 26, 2007

MICHAEL LONGFELLOW vs. LOOKHEED MARTIN, ESIS

The Workers' Compensation Appeals Board affirmed the original decision, ruling that the 2005 Permanent Disability Rating Schedule (PDRS) applies to the applicant's case. The Board found that neither a pre-2005 medical report by Dr. Silver indicating permanent disability nor a specific notice exception under Labor Code section 4660(d) were met. Consequently, the applicant's permanent disability was correctly rated using the 2005 PDRS.

Permanent Disability Rating Schedule2005 PDRS1997 PDRSLabor Code Section 4660(d)Medical-Legal ReportTreating PhysicianPermanent and StationaryTemporary Total DisabilitySection 4061 Notice ExceptionAldi v. Carr
References
Case No. SAC 328777
Regular
Nov 30, 2007

DINA DEGARIBALDO vs. RAMADA INN, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained industrial injuries to her back, legs, and psyche, resulting in permanent disability. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision to apply the 2005 Permanent Disability Rating Schedule and to apportion 20% of the applicant's psychiatric disability to non-industrial causes. This apportionment was based on the medical opinion of a Qualified Medical Examiner, Dr. Kimmel, which the Board found constituted substantial evidence.

Workers' Compensation Appeals BoardDina DeGaribaldoRamada InnState Compensation Insurance FundSAC 328777Opinion and Order Denying Reconsiderationindustrial injuryjanitor/housekeeperbacklegs
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. SFO 0483873; SFO 0483874 SFO 0483875; SFO 0483876 SFO 0364296; SFO 0364297 SFO 0491916
Regular
Jan 16, 2008

GARY G. RYAN vs. PENSKE TRUCK LEASING, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address issues regarding applicable Permanent Disability Rating Schedules and apportionment of liability. The Board rescinded the previous award, finding the Administrative Law Judge improperly applied the *Wilkinson* rule and did not adequately consider recent case law on PDRS application and apportionment causation. The matter is returned for further proceedings and a new decision by the WCJ consistent with current legal precedent.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardWorkers Compensation Judge (WCJ)Permanent Disability Rating Schedule (PDRS)Labor Code section 4663Labor Code section 4664ApportionmentWilkinson v. Workers' Comp. Appeals Bd.Benson v. The Permanente Medical Group
References
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