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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7264969
Regular
Feb 22, 2011

Richard Warner vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

Applicant Richard Warner, a firefighter on Catalina Island, sustained injuries while trimming wisteria at his home, which he was required to maintain as a condition of employment and from which he sometimes worked. The Board denied reconsideration, affirming the WCJ's finding that the injury was not arising out of and occurring in the course of employment (AOE/COE). The applicant's home was not considered employer premises under the bunkhouse rule as he owned and maintained it personally, receiving a stipend instead of provided housing. Although working from home was sometimes necessary, trimming wisteria was deemed a purely personal act unrelated to employment duties.

AOE/COEbunkhouse ruleemployer premisessecondary jobsitecourse of employmentperforming serviceproximate causepersonal taskincidental to employmentstipend
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7813892
Regular
Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger
References
Case No. ADJ7041104
Regular
Jun 18, 2013

James Stanfield vs. Solid Rock Ranch School, Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as untimely. The applicant failed to file the petition within the statutory 25-day deadline after the March 25, 2013 Findings and Order. The Board adopted the administrative law judge's report, which found the applicant's injury did not arise out of and occur in the course of employment. Specifically, the applicant was engaged in a personal business venture, not employer-contemplated duties, at the time of the tractor accident.

WCABPetition for ReconsiderationuntimelyLabor Code section 5903Code of Civil Procedure section 1013Findings and OrderReport and Recommendationadministrative law judgeinjury arising out of and occurring in the course of employmentAOE/COE
References
Case No. ADJ10864843
Regular
Nov 15, 2018

YOLANDA PLASCENCIA vs. HYUNDAI CAPITAL AMERICA, SOMPO AMERICA INSURANCE COMPANY

This case involves an applicant who sustained injuries after falling into a pothole on her employer's premises during a break. The applicant was in the process of switching vehicles with her daughter when the incident occurred. The defendant argued the injury was not AOE/COE, as the personal vehicle exchange served no employer benefit and the personal comfort doctrine did not apply. The Board denied reconsideration, adopting the WCJ's report which found the injury compensable under the personal comfort doctrine. The Board reasoned that it's reasonably contemplated for employees to access the employer's parking lot during breaks, and moving a personal car is a personal convenience incidental to employment.

AOE/COEPersonal Comfort DoctrineIndustrial InjuryCourse of EmploymentWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactWCJEmployer's PremisesPaid Break
References
Case No. ADJ13261327
Regular
Sep 19, 2025

KEVIN SARIAN vs. CITY OF GLENDALE, ADMINSURE

Applicant Kevin Sarian, a senior library supervisor for the City of Glendale, sustained injuries after slipping and falling while returning from an off-premises meal break during which he discussed personnel issues with a co-worker. The Workers' Compensation Administrative Law Judge (WCJ) initially found the injury arose out of and occurred in the course of employment (AOE/COE). The defendant, City of Glendale, petitioned for reconsideration, arguing the applicant was not providing a benefit to his employer at the time of injury. The Appeals Board granted the petition for reconsideration, finding the discussions constituted a benefit to the employer and that the injury was AOE/COE, and thus affirmed the WCJ's Findings of Fact and Orders with an amendment to Finding 2.

AOE/COELabor Code section 3600(a)(2)Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportSalaried EmployeePersonnel IssuesLibrary SupervisorMeal Break
References
Case No. ADJ7654224
Regular
Feb 02, 2012

Mackay Scanland vs. K. Kalka Plumbing, Heating and Air, Inc., Guard Insurance Group

The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial injury. The Board found the applicant's petition was not timely acted upon, but due process warranted consideration as it eventually received notice. The Board determined the applicant's performance of manual labor, even if not his primary duty, was beneficial to the employer and thus arose out of and occurred in the course of employment. Therefore, the original findings were rescinded, and it was determined the applicant sustained an industrial injury.

Petition for ReconsiderationIndustrial InjuryCourse of EmploymentArising Out Of EmploymentAOE/COEWCJAppeals BoardLabor CodeDue ProcessReassignment
References
Case No. ADJ9725488
Regular
Nov 13, 2015

Norris Hollie vs. Management Training Corporation, Zurich American Insurance Company, ESIS

The Workers' Compensation Appeals Board denied reconsideration for applicant Norris Hollie, upholding a finding that his right knee injury on April 27, 2014, did not arise out of or occur in the course of his employment. The Board agreed that Hollie's participation in a continuing medical education program, while necessary to maintain his license, was not a reasonable expectation of his employment as a physician. There was no evidence of employer mandate, knowledge, or encouragement of this specific off-duty educational activity. Therefore, the injury sustained during this program was not deemed industrial.

Continuing educationMedical license renewalOff-duty activityReasonable expectancy of employmentCourse of employmentArising out of employmentIndustrial injuryPetition for reconsiderationFindings and AwardWCJ Report
References
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