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

Case No. ADJ7186535, ADJ8480044
Regular
Feb 05, 2019

America Guandique vs. State of California, Department of Motor Vehicles

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of permanent total disability for the applicant. The defendant argued that the administrative law judge erred in combining two separate injuries and in relying on medical opinions. However, the Board found substantial evidence supported the conclusion that the applicant's injuries were inextricably intertwined and that her disabilities should be added, not combined. The Board affirmed that the finding of permanent total disability under Labor Code Section 4660 was well-supported, rendering other arguments moot.

Permanent Total DisabilityInextricably IntertwinedPetition for ReconsiderationJoint Findings of Fact and AwardAdministrative Law JudgePanel Qualified Medical EvaluatorAgreed Medical EvaluatorCombined vs. Added ImpairmentsVocational ExpertPermanent Disability Rating Schedule
References
Case No. ADJ10490434 (MF), ADJ10419398, ADJ10490429, ADJ10419507, ADJ8677936
Regular
Jun 23, 2025

Javier Hernandez vs. Richmar Farms, Zenith Insurance Co.

The Workers' Compensation Appeals Board denied defendant Zenith Insurance Co.'s petition for reconsideration. The defendant challenged a WCJ's decision to issue a single, joint and several award of 82% permanent partial disability to applicant Javier Hernandez, arguing that the hypertension-related disability should be apportioned to a single injury date. The Board affirmed the WCJ's finding that the permanent disability due to hypertension was inextricably intertwined across the applicant's multiple industrial injuries and therefore could not be parceled out, aligning with established legal precedents regarding apportionment.

Permanent Partial DisabilityApportionmentJoint and Several AwardInextricably IntertwinedMultiple Industrial InjuriesHypertensionBenson DecisionQualified Medical EvaluatorPhysician's ReportCumulative Injury
References
Case No. ADJ 924444 (LAO 0841815) ADJ 7065158
Regular
May 09, 2018

CESAR ESPINOZA vs. FLOWSERVE CORPORATION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a joint award of 100% permanent disability for an applicant who sustained a specific injury to his right shoulder, left knee, and back, and a cumulative trauma injury to his bilateral shoulders, knees, back, and right knee. The Board found the applicant's industrial injuries were "inextricably intertwined," justifying an unapportioned award as per *Benson*. Furthermore, the Board relied on the vocational expert's opinion that the applicant was unable to find and sustain gainful employment due to his injuries, without considering non-industrial factors. The defendant's arguments regarding erroneous permanent total disability findings and the need for separate apportionment were rejected.

ApportionmentInextricably IntertwinedCumulative TraumaSpecific InjuryPermanent Total DisabilityAgreed Medical Examiner (AME)Vocational ExpertJoint AwardBenson v. WCABDiminished Future Earning Capacity
References
Case No. ADJ158556 (MON 0206719) ADJ1611743 (MON 0222554) ADJ137665 (MON 0271624) ADJ1710332 (MON 0247216) ADJ716421 (MON 0222553)
Regular
Jun 27, 2011

Neil M. Lamont vs. BOEING, AIG/CHARTIS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY

This case involves apportionment of permanent disability benefits for multiple industrial injuries sustained by the applicant, Neil M. Lamont. The defendant, Chartis, sought reconsideration of an award finding them liable for reimbursement from CIGA, arguing the medical evidence was insufficient. The Appeals Board denied reconsideration, adopting the arbitrator's report. The Board found that due to the "inextricably intertwined" nature of the applicant's disabilities, as testified by the agreed medical examiner, apportionment of causation was impossible. Therefore, a joint and several award was justified, making the solvent defendant (Chartis) solely liable, thus relieving CIGA.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitratorSubstantial EvidenceInextricably Intertwined DisabilityApportionment of LiabilityCalifornia Insurance Guarantee Association (CIGA)Insolvent Insurance CarrierCovered Claims
References
Case No. ADJ10028363, ADJ10028349
Regular
Mar 29, 2018

Timothy Overall vs. City and County of San Francisco

The Workers' Compensation Appeals Board denied the applicant's petitions for reconsideration. The Board affirmed the WCJ's decision to apportion permanent disability between two separate industrial injuries. This decision was based on the principle that separate determinations and awards are required for each injury, unless apportionment is medically impossible. The Agreed Medical Examiner, Dr. Lavorgna, ultimately confirmed his initial apportionment of 50% causation to each injury, despite earlier statements about them being intertwined.

WORKERS' COMPENSATION APPEALS BOARDPetitions for Reconsiderationworkers' compensation administrative law judgepermanent disabilityindustrial injuriesseparate determinationcausally contributingundivided awardAgreed Medical Examiner (AME)orthopedic AME
References
Case No. ADJ8430146 ADJ7912960 ADJ7914352
Regular
Apr 16, 2019

JULIO BALVANEDA vs. OPTIONS A CHILD CARE AND HUMAN SERVICES, EVEREST NATIONAL INSURANCE COMPANY, SPARTA INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a WCJ's award of 95% permanent disability for industrial injuries sustained by Julio Balvaneda while employed as a gardener. The Board clarified that the specific number and dates of cumulative trauma injuries must be re-determined by the WCJ, as the record suggests a single continuous trauma due to ongoing treatment and work activities. The WCJ's finding of combined permanent disability was upheld, particularly concerning intertwined psychiatric and orthopedic impairments, referencing established case law. The matter was returned to the trial level for further proceedings on the cumulative trauma issue.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaApportionmentBensonAustinColtharpCombined Value ChartAgreed Medical EvaluatorPermanent Disability Rating
References
Case No. ADJ1411734 (MON 0361062) MF ADJ130407 (MON 0361061) ADJ4416246 (MON 0361065) ADJ1320492 (MON 0361064) ADJ3297635 (MON 0361063) ADJ7166968 ADJ8574761 ADJ9019769 ADJ9045920
Regular
Jul 28, 2017

MARTHA IBRAHIM vs. THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the defendant's contention that the Agreed Medical Examiner (AME) did not properly address causation and apportionment of the applicant's permanent disability. The Board found that the AME reports lacked substantial evidence regarding causation and apportionment across the applicant's multiple claimed injuries. Consequently, the Board rescinded the previous award and returned the matter for further proceedings to develop the record in compliance with relevant Labor Code sections and case law. The goal is to ensure proper determination of disability causation and apportionment among the various industrial injuries.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of Fact and AwardAgreed Medical ExaminerApportionmentCausationPermanent DisabilityLabor Code section 4663Benson v. The Permanente Medical GroupInextricably Intertwined
References
Case No. ADJ9787224, ADJ10307321
Regular
Jul 02, 2019

CAROLYN LANGLEY vs. 101 CASINO, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior award of permanent and total disability for Carolyn Langley against 101 Casino. The Board found the PQME's opinion substantial evidence supporting a combined award for two distinct industrial injuries because the physician could not reasonably apportion permanent disability between them. This conclusion aligns with case law allowing combined awards in limited circumstances where apportionment is medically speculative. The Board also found the WCJ correctly applied apportionment for a prior specific injury to the current cumulative trauma award.

Workers' Compensation Appeals BoardCarolyn Langley101 CasinoMitsui Sumitomo Marine ManagementADJ9787224ADJ10307321ReconsiderationJoint Findings and AwardCasino Card DealerIndustrial Injury
References
Case No. ADJ1777840 (LAO 0846280) ADJ605293 (LAO 0946282)
Regular
Nov 07, 2013

VENUS A. MALIIKAPU-PETERS vs. AUTOZONE, INC.; USF&G, administered by GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of a previous award regarding multiple injuries to the applicant. The applicant was found to have sustained specific injuries to her knees and extremities, as well as cumulative trauma, resulting in temporary and permanent disability. However, the defendant argued errors in apportionment, an award for an un-found lumbar spine injury, and statute of limitations issues for the cumulative trauma claim. Consequently, the Board rescinded the original award and returned the case to the trial level for further proceedings and a new decision.

Appeals BoardReconsiderationFindings and AwardCumulative TraumaTemporary DisabilityPermanent DisabilityApportionmentStatute of LimitationsLumbar SpineSleep Disorder
References
Case No. ADJ6894498 ADJ6896838
Regular
Oct 05, 2012

MARK FIELDS vs. CITY OF CATHEDRAL CITY

The Workers' Compensation Appeals Board granted reconsideration to amend the initial findings and awards. The Board found that the Agreed Medical Examiner's opinion supported a single, unapportioned award for the applicant's cumulative trauma and specific injury, totaling 74% permanent disability. This decision overturned the prior apportionment of disability between the two injury dates. Finally, the Board accepted the applicant's attorney's apology for a procedural error and declined to impose sanctions.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityCumulative TraumaSpecific InjuryAgreed Medical ExaminerApportionmentInextricably IntertwinedUndivided AwardLabor Code Section 4663
References
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