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

Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code § 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
1
Case No. ADJ8587912
Regular
Oct 06, 2020

EDNA EVAZYAN vs. COUNTY OF LOS ANGELES/OLIVEVIEW MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration of a prior award. The Board found the WCJ erred by issuing inconsistent findings and an inconsistent award regarding temporary disability rates. While the defendant did not prove mutual mistake of fact, the Board noted conflicting indemnity rates in the original decision. Therefore, the Board deferred the issue of temporary disability and rescinded the award of temporary disability, otherwise affirming the original findings.

WORKERS' COMPENSATION APPEALS BOARDEDNA EVAZYANCOUNTY OF LOS ANGELES/OLIVEVIEW MEDICAL CENTERADJ8587912OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONFINDINGS AND AWARDINDUSTRIAL INJURYMULTIPLE BODY PARTSPHARMACISTTEMPORARY DISABILITY WEEKLY INDEMNITY RATE
References
1
Case No. ADJ10806223
Regular
Sep 17, 2019

ISRAEL RAMOS vs. THE CRÈME SHOP, INC., EMPLOYERS PREFERRED INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found the applicant's testimony regarding an industrial injury in 2015 to be not credible due to significant inconsistencies. These inconsistencies were contradicted by medical reports from subsequent treatment and the applicant's own statements to physicians. Additionally, the Board affirmed that the Statute of Limitations barred the claim, as there was insufficient evidence of timely reporting or provision of medical treatment by the employer.

AOE/COEPetition for ReconsiderationWCJ credibilityunrebutted testimonyStatute of Limitationsmedical reportingcontemporaneous evidenceapplicant testimonycredibility determinationemployer awareness
References
8
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
0
Case No. ADJ913307 (MON 0332389)
Regular
Feb 15, 2011

ADRIAN SANCHEZ vs. SUN VALLEY HAULING/WASTE MANAGEMENT, ACE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding $47\%$ permanent disability. The defendant contested the psychiatric injury finding, arguing the treating physician's report lacked substantial medical evidence due to inconsistencies. The Board found these inconsistencies, particularly regarding evaluation dates and medication status, cast doubt on the physician's conclusions. Therefore, the Board rescinded the original award and returned the case to the trial level to further develop the medical record concerning the psychiatric injury.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityPsychiatric InjurySubstantial Medical EvidenceDr. MusherInconsistent ReportingFurther Development of Medical RecordIndustrial Injury
References
8
Case No. ADJ11225008
Regular
Mar 06, 2019

JOE DAVIS vs. COUNTY OF RIVERSIDE IHSS, YORK INSURANCE SERVICES

This case involves Joe Davis, a homecare provider, who claimed injury to his left leg and ankle on September 23, 2017. The applicant's petition for reconsideration was denied by the Workers' Compensation Appeals Board. The Board adopted the findings of the administrative law judge (WCJ), who found the applicant's testimony regarding the work-related incident to be not credible due to significant inconsistencies with contemporaneous medical records. These inconsistencies, along with the applicant's prior guilty plea for defrauding his employer, undermined his credibility in establishing an industrial injury.

Petition for ReconsiderationCredibility DeterminationsIndustrial InjuryCourse of EmploymentHomecare ProviderWorkers' Compensation Administrative Law JudgeMedical RecordsConflicting HistoriesFraudulent ReportingWitness Testimony
References
1
Case No. MISSING
Regular Panel Decision
Jan 22, 1987

People v. Figueroa

The defendant appealed a judgment from the County Court, Orange County, convicting him of rape in the first degree and sodomy in the first degree. The defendant argued that the evidence was legally insufficient due to inconsistencies in the nine-year-old victim's testimony and that the verdict was against the weight of the evidence. The appellate court found the victim's sworn testimony provided a rational basis for the jury's conclusion, and the evidence was legally sufficient. The court addressed the victim's delayed reporting, minor inconsistencies in her testimony, and conflicting medical expert opinions, ultimately affirming the judgment.

Rape First DegreeSodomy First DegreeSufficiency of EvidenceWeight of EvidenceChild Victim TestimonyCredibility of WitnessCorroboration of TestimonyDelayed ReportingExpert Medical TestimonySexual Abuse Evidence
References
28
Case No. ADJ7352906
Regular
Jul 10, 2012

ANA PEREZ vs. PALOMINO JANITORIAL SERVICES, ENDURANCE INSURANCE COMPANY, FIRST COMP INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" finding, upholding the WCJ's decision that applicant Ana Perez failed to prove an industrial injury. The WCJ found applicant's testimony not credible due to inconsistent reporting of the injury date, mechanism, and prior medical history. The medical evidence, including a PQME report, concluded no reasonable evidence of an industrial injury existed, citing inconsistent history and denial of trauma in contemporaneous medical records. Therefore, applicant did not meet her burden of proof to establish an industrial injury.

ReconsiderationWCABWCJcredibility determinationamended claimmechanism of injuryinconsistent historyGarden Grove Hospitaldenies traumafibromyalgia
References
1
Case No. ADJ10303873
Regular
Jan 13, 2020

Alfred Hunt vs. CEMEX; NATIONAL UNION FIRE INSURANCE COMPANY C/O GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and OrderIndustrial InjuryCement Truck DriverCredibilityTimely ReportingBurden of ProofAOE/COEPreexisting Condition
References
1
Case No. ADJ10159316
Regular
Sep 25, 2017

Rowdy Rushing vs. Foster Farms

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Rowdy Rushing did not sustain a left shoulder injury arising out of and occurring in the course of employment with Foster Farms. The Administrative Law Judge found the applicant's testimony regarding a pallet striking his arm not credible, noting inconsistencies with coworker statements and medical reports. Specifically, the applicant's account of the incident and the mechanism of injury was deemed unlikely and not supported by Dr. Ozaeta's medical opinion, which concluded the MRI findings were inconsistent with the described incident. Therefore, the Board affirmed the judge's take-nothing order.

Workers' Compensation Appeals BoardFoster FarmsRowdy RushingFindings and OrderTake nothing orderIndustrial injuryLeft shoulderOctober 92015Taper/packer
References
0
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