Updated Daily

Case Law Database

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

Case No. ADJ7721810

Regular

Feb 08, 2016

MAUREEN HIKIDA vs. COSTCO WHOLESALE

This case involves an applicant seeking reconsideration of a $90\%$ permanent disability award for an industrial injury. The applicant argues for $100\%$ permanent disability without apportionment, while the defendant maintains the original award. The Appeals Board rescinded the original decision and remanded the case for further proceedings on permanent disability, specifically ordering the WCJ to consider the applicant's psychiatric injury's contribution to her current disability, in addition to the previously considered CRPS. A dissenting commissioner argued that the applicant's total permanent disability resulted solely from treatment for the industrial injury, thus precluding apportionment.

Complex Regional Pain SyndromeCRPSapportionmentpermanent disabilitypsyche injuryvocational evidenceAgreed Medical EvaluatorAMEcarpal tunnelcognitive impairment

References

Case No. ADJ9176746, ADJ10288149

Regular

Jan 05, 2018

ANA MARIA ROCHA vs. GREEN VALLEY CHRISTIAN CENTER, CHURCH MUTUAL INSURANCE COMPANY

This case involves Ana Maria Rocha's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the Administrative Law Judge's report. The applicant's primary contentions involved a separate psychological injury, her CRPS classification, apportionment of disability, and future medical treatment for her neck and back. The Judge found no separate psychological injury, that medical opinions on CRPS classification were for physicians, that apportionment was supported by substantial evidence regarding pre-existing conditions, and that further medical treatment was not warranted for her neck and back.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgePsychological InjuryPermanent DisabilityApportionmentCRPSWhole Person ImpairmentAMA Guides

References

Case No. ADJ7984284; ADJ8138424

Regular

Nov 25, 2020

Barbara McGinnis vs. Coalinga-Huron School District

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award. The original award found the applicant sustained industrial injuries resulting in 100% permanent disability due to numerous impairments, including chronic pain, fibromyalgia, and TMJ. The Board affirmed the finding of permanent total disability, agreeing with the judge that the applicant's impairments, when added together, reached 100% and that apportionment was moot. The Board also found substantial medical evidence supported adding impairments rather than using the Combined Values Chart.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationPermanent Total DisabilityApportionmentCombined Values ChartIndustrial InjuryCumulative TraumaFibromyalgiaTMJ

References

Case No. ADJ18058034

Regular

Sep 23, 2025

ROBERT MERRIWEATHER vs. HP HOOD, LLC, ACE AMERICAN INSURANCE COMPANY

Applicant sought reconsideration of a $23\%$ permanent disability award, arguing the $40\%$ apportionment to non-industrial factors lacked substantial medical evidence. The Workers' Compensation Appeals Board denied reconsideration, adopting the trial judge's report. The Board found the Qualified Medical Evaluator's apportionment was based on substantial medical evidence, including applicant's pre-existing osteoarthritis and a prior knee replacement, which explained the causation for the permanent disability. The Board also confirmed timely action on the petition within the statutory 60-day period.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Partial DisabilityApportionmentSubstantial Medical EvidenceLabor Code Section 5909Electronic Adjudication Management SystemPanel Qualified Medical EvaluatorWhole Person ImpairmentAMA Guides

References

Case No. ADJ1797870

Regular

May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the *Hikida* precedent.

Workers' Compensation Appeals BoardGeorge DiazReyes Masonry ContractorsInc.Citation Insurance CompanyGeneral ReinsuranceIntercareSubsequent Injuries Benefits Trust Fund (SIBTF)permanent total disabilityapportionment

References

Case No. ADJ7037475

Regular

Oct 04, 2018

JESUS ROJAS vs. GAY AND LESBIAN COMMUNITY CENTER, INC.; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jesus Rojas's petition for reconsideration, affirming the administrative law judge's award of 81% permanent disability for his admitted industrial spine injury. Rojas argued for 100% permanent disability based on an Agreed Medical Examiner's opinion of inability to return to the labor market and contended apportionment to non-industrial factors was unsubstantiated. The Board found the apportionment to pre-existing congenital stenosis was supported by medical evidence and that the *Hikida* case did not apply as Rojas's disability was not directly caused by the effects of medical treatment necessitated by both industrial and non-industrial factors. Furthermore, the Board held that Labor Code section 4662(b) does not create an independent pathway to permanent total disability.

Petition for ReconsiderationFindings of Fact and AwardPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Labor Code section 4656Labor Code section 4658Labor Code section 4662(b)Hikida v. Workers' Comp. Appeals. Bd.non-industrial factors

References

Case No. ADJ1351389 (SJO 0253295), ADJ7183596, ADJ7168611

Regular

Jun 17, 2019

DEBBIE CHADBURN vs. APPLIED MATERIALS, INC., XL SPECIALTY INSURANCE COMPANY, CORVEL, ARROWOOD INDEMNITY COMPANY

This case involves multiple industrial injuries sustained by the applicant, Debbie Chadburn, to her neck, upper extremities, and psyche. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the applicant's $100\%$ permanent disability award. The insurers, Arrowood and XL Specialty, contested the compensability of the psychiatric injury, arguing it stemmed from a consensual relationship with a treating physician unrelated to employment. The WCAB affirmed the permanent total disability award, finding the psychiatric injury caused by the physician's misconduct was a compensable consequence of the industrial injuries under *Hikida v. Workers' Comp. Appeals Bd.* The award was amended to reflect specific temporary disability rates and the calculation of attorney fees, with jurisdiction reserved for final adjustment.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityTemporary DisabilityPsychiatric InjuryCompensable ConsequenceSexual MisconductTreating PhysicianCumulative TraumaDate of Injury

References

Case No. ADJ10473323 ADJ9241894

Regular

Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

The WCAB granted reconsideration to amend the previous award. The Board found that applicant is entitled to a single, unapportioned award for his right knee permanent disability, as it directly resulted from unsuccessful medical treatment for both his specific and cumulative trauma injuries, per *Hikida*. Additionally, the Board determined that applicant's permanent disability should be rated using the higher Occupational Group 560, reflecting his occasional performance of more arduous duties as a garbage collector. The matter was returned to the trial level for issuance of a new award reflecting these findings.

Workers' Compensation Appeals BoardHector GonzalezRecology Golden Gatepermanent disabilityspecific injurycumulative traumaOccupational Group 350Occupational Group 560Agreed Medical Examinerapportionment

References

Case No. ADJ9870934, ADJ9870932

Regular

Mar 13, 2019

Julio Espana vs. STOCKTON UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board rescinded the previous award and returned the case for further development of the record. The applicant claims his post-surgery disability, resembling Complex Regional Pain Syndrome, arose directly from treatment for his industrial injuries, arguing for an unapportioned award per *Hikida*. Medical evidence suggests a possible complication from the surgery caused increased pain and disability, but the extent to which this surgery directly caused the applicant's permanent disability requires further evaluation. Therefore, the case is remanded for an Agreed Medical Examiner to determine causation, diagnosis, and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent Disability RatingUnapportioned AwardComplex Regional Pain SyndromeAMA GuidesQualified Medical EvaluatorMedical Malpractice LawsuitSpinal Surgery Complication

References

Case No. TI11711888

Regular

ROBERT MCFARLAND vs. CHARLES ABBOTT ASSOCIATES, ST. PAUL TRAVELERS and its property casualty affiliates and subsidiaries

In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant 100% permanently disabled without apportionment. The Appeals Board denied the petition, upholding the finding that the applicant's total disability stemmed directly from unsuccessful spinal surgery following an industrial injury. The Board relied on the *Hikida* case, which permits unapportioned awards when permanent disability arises directly from unsuccessful medical treatment, even if non-industrial factors contributed to the need for that treatment. Prior stipulations regarding apportionment were deemed not binding on new and further disability claims arising from failed surgery syndrome.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentFailed Medical TreatmentHikidaAgreed Medical EvaluatorStipulationsNew and Further Disability

References

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Updated Daily

Case Law Database

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

Case No. ADJ7721810

Regular

Feb 08, 2016

MAUREEN HIKIDA vs. COSTCO WHOLESALE

Complex Regional Pain SyndromeCRPSapportionmentpermanent disabilitypsyche injuryvocational evidenceAgreed Medical EvaluatorAMEcarpal tunnelcognitive impairment

References

Case No. ADJ9176746, ADJ10288149

Regular

Jan 05, 2018

ANA MARIA ROCHA vs. GREEN VALLEY CHRISTIAN CENTER, CHURCH MUTUAL INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgePsychological InjuryPermanent DisabilityApportionmentCRPSWhole Person ImpairmentAMA Guides

References

Case No. ADJ7984284; ADJ8138424

Regular

Nov 25, 2020

Barbara McGinnis vs. Coalinga-Huron School District

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationPermanent Total DisabilityApportionmentCombined Values ChartIndustrial InjuryCumulative TraumaFibromyalgiaTMJ

References

Case No. ADJ18058034

Regular

Sep 23, 2025

ROBERT MERRIWEATHER vs. HP HOOD, LLC, ACE AMERICAN INSURANCE COMPANY

References

Case No. ADJ1797870

Regular

May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

References

Case No. ADJ7037475

Regular

Oct 04, 2018

JESUS ROJAS vs. GAY AND LESBIAN COMMUNITY CENTER, INC.; STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1351389 (SJO 0253295), ADJ7183596, ADJ7168611

Regular

Jun 17, 2019

DEBBIE CHADBURN vs. APPLIED MATERIALS, INC., XL SPECIALTY INSURANCE COMPANY, CORVEL, ARROWOOD INDEMNITY COMPANY

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityTemporary DisabilityPsychiatric InjuryCompensable ConsequenceSexual MisconductTreating PhysicianCumulative TraumaDate of Injury

References

Case No. ADJ10473323 ADJ9241894

Regular

Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

References

Case No. ADJ9870934, ADJ9870932

Regular

Mar 13, 2019

Julio Espana vs. STOCKTON UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

References

Case No. TI11711888

Regular

ROBERT MCFARLAND vs. CHARLES ABBOTT ASSOCIATES, ST. PAUL TRAVELERS and its property casualty affiliates and subsidiaries

References

Showing 1-10 of 27 results

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