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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 The Appeals Board rescinded the original decision and remanded the case for further proceedings on permanent disability, specifically ordering the WCJ to consider the applicant's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
7
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
3
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The Workers' Compensation Appeals Board rescinded the previous award and returned the case for further development of the record.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
2
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
6
Case No. ADJ12933120
Regular
Mar 09, 2023

CHRISTINA HIRSCH vs. PHYSICIANS FOR HEALTHY HOSPITALS, ARCH INSURANCE COMPANY HEALTHCARE, INC.

Here is a summary of the case for a lawyer in max 4 sentences: The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and dismissed its petition for removal. The defendant argued due process violations due to discovery closure and contested the finding of permanent total disability without apportionment. However, the Board adopted the WCJ's reasoning, finding that the applicant's disabling conditions stemmed from industrial medical treatment, thus precluding apportionment under *Hikida*. The WCJ's findings of permanent and total disability were supported by substantial medical evidence, rendering the defendant's arguments regarding discovery and apportionment unpersuasive.

Permanent Total DisabilityApportionmentVocational ExpertDue ProcessDiscovery ClosureMedical TreatmentAllergic DermatitisComplex Regional Pain SyndromeFibromyalgiaNeuropathy
References
9
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
1
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
1
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
2
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