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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ10590233
Regular
Apr 29, 2019

MARTIN VASQUEZ vs. CR LAURENCE COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for reconsideration, upholding the administrative law judge's award to applicant Martin Vasquez. Defendant argued the judge improperly admitted medical reports not disclosed at the mandatory settlement conference. However, the Board found that a properly disclosed supplemental report effectively incorporated the unlisted permanent and stationary report, negating surprise or prejudice. Therefore, the Board concluded that admitting the incorporated report was consistent with substantial justice.

Petition for ReconsiderationWCJ Findings of FactAward and OrdersIndustrial InjuryLeft Knee InjuryTemporary DisabilityPermanent DisabilityPrimary Treating PhysicianMedical OpinionMandatory Settlement Conference
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8668832
Regular

BACILIO ANGEL SALAZAR vs. SAN DIEGO PERSONNEL AND EMPLOYMENT AGENCY, INC., AMTRUST NORTH AMERICA for CASTLEPOINT NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding a prior order that deemed a QME report timely. The Board found Dr. Tahami's psychiatric evaluation report was untimely served on the defendant. As the defendant objected prior to receiving the report, they are entitled to a replacement QME panel in psychiatry.

Petition for RemovalQualified Medical EvaluatorQME paneluntimely reportreplacement QMEAdministrative Director RuleLabor Codepsychiatric injurymedical-legal evaluationsubstantial prejudice
References
Case No. ADJ6535347, ADJ6534384
Regular
Nov 02, 2015

CHRISTINE KNAPP vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to overturn findings of $53\%$ permanent disability and disputed the exclusion of vocational expert reports and a claim of $100\%$ disability. The Board found the petition contained numerous factual misrepresentations and violations of WCAB rules and professional conduct by the applicant's attorney. The Board adopted the WCJ's report, which recommended denial due to the petition's legal defects and factual inaccuracies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardOccupational Group NumberIndustrial InjuryRight ShoulderMigraine HeadachesPermanent DisabilityAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ1210279 (RIV 0062927)
Regular
Sep 03, 2010

EXENA DONOVAN vs. MARRIOTT SHDOW RIDGE RESORT

The Workers' Compensation Appeals Board (WCAB) denied Exena Donovan's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no basis to overturn the original decision. The specific reasons for the denial are detailed in the WCALJ's report, which was not provided in this excerpt. Consequently, the applicant's request for the WCAB to review and alter the previous ruling has been rejected.

Workers' Compensation Appeals BoardExena DonovanMarriott Shadow Ridge ResortPermissibly Self-InsuredPetition for ReconsiderationDenying ReconsiderationWorkers' Compensation Administrative Law JudgeReport of WCJIncorporated ReportADJ1210279
References
Case No. SFO 0421755
Regular
May 30, 2008

FRANK COVERSON vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT/CITY AND COUNTY OF SAN FRANCISCO administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Frank Coverson's petition for reconsideration in Case No. SFO 0421755. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. The applicant's request to have the prior decision reviewed was thus rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationSan Francisco Unified School DistrictTristar Risk ManagementFrank CoversonSFO 0421755Order Denying ReconsiderationWCJ Report
References
Case No. ADJ1627678 (POM 0300392)
Regular
Jun 02, 2011

SUZANNE SIEVERTSON vs. COUNTY OF SAN BERNARDINO

This case involves Suzanne Sievertson's workers' compensation claim against the County of San Bernardino. The Workers' Compensation Appeals Board (WCAB) reviewed a Petition for Reconsideration filed by the applicant. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) and denied the reconsideration.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAdopted reportIncorporated reportAdministrative Law JudgePermissibly-InsuredCounty of San BernardinoApplicant
References
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
References
Case No. ADJ1046022
Regular
Apr 13, 2010

FRANCISCO MURILLO vs. BKC CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Francisco Murillo's petition for reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCALJ) in reaching this decision. The order formally denies Murillo's request for the Board to revisit the case. The decision was filed on April 13, 2010.

WCABPetition for ReconsiderationWCJ reportdeny reconsiderationADJ1046022FRE 0243302BKC ConstructionState Compensation Insurance FundFrancisco Murilloadministrative law judge
References
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