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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. ADJ1943752
Regular
Nov 09, 2009

ROSA VERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The WCJ's finding regarding the need for further medical treatment related to applicant's back is not justified by substantial medical evidence. Reconsideration is granted, the prior decision is rescinded, and the matter is returned to the WCJ for a new permanent disability rating.

Workers' Compensation Appeals BoardRosa VeraLos Angeles Unified School DistrictADJ1943752ReconsiderationFindings and AwardPermanent DisabilityMedical TreatmentLabor Code Section 5313Qualified Medical Evaluator
References
Case No. ADJ10829802
Regular
Apr 26, 2019

Antonio Corona vs. Custom Pipe & Coupling Company, Inc., The Hartford, Insurance Company of the West

The Workers' Compensation Appeals Board granted reconsideration to clarify findings regarding applicant Antonio Corona's industrial injury. The Board substituted new findings, confirming injury to his thoracic spine, lumbar spine, left shoulder, bilateral wrists, bilateral hands, and left knee, and held the claim was not barred by the post-termination defense. The Board awarded temporary total disability from April 25, 2017, through June 8, 2017, and permanent disability at 18%, returning the matter to the trial level to resolve issues of average weekly wage, additional temporary disability periods, and an EDD lien. The Board adopted the WCJ's report, particularly regarding the credibility of the applicant's treating physician and the absence of substantial evidence to support the defense's arguments.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMachine OperatorThoracic Spine InjuryLumbar Spine InjuryLeft Shoulder InjuryBilateral Wrists InjuryBilateral Hands InjuryLeft Knee Injury
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ2750886 (VNO 0423874)
Regular
Apr 01, 2011

ROSALIND PRESS vs. LOS ANGELES UNIFIED SCHOOL DISCTRICT, Permissibly Self-Insured, administered by SEDGWICK CMS

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Award, finding the applicant sustained industrial injury resulting in psychosomatic disorder. The Board noted the WCJ's decision heavily relied on applicant's credibility, but crucial evidence, the April 13, 2010 Minutes of Hearing, was missing from the record. The matter was returned to the trial level for further proceedings and a new decision to ensure a complete record for review. Removal was denied as reconsideration provided an adequate remedy.

Workers' Compensation Appeals BoardRosalind PressLos Angeles Unified School DistrictSEDGWICK CMSADJ2750886VNO 0423874Opinion and Order Denying RemovalGranting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ7220018
Regular
Jul 23, 2012

LORENZO HERNANDEZ vs. TOYOTA OF GLENDALE, UNITED STATES FIRE INSURANCE CO.

The Appeals Board granted the defendant's petition for reconsideration of the initial award. The original award found the applicant sustained industrial injuries to his left knee, low back, wrists, and feet, and awarded temporary disability benefits. The Board rescinded the award and returned the matter to the trial level to clarify the correct insurance carrier and correct a finding regarding the applicant's right, not left, knee injury. Additionally, the defendant must provide further details on temporary disability payments and EDD lien credits.

Petition for ReconsiderationFindings Award and Orderindustrial injurymechanic technicianleft kneelow backright wristleft wristbilateral feetpsyche injury
References
Case No. ADJ711962 (SFO 0420092)ADJ2557776 (SFO 0390012)
Regular
Apr 04, 2017

EVELYN COTTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, SAN QUENTIN STATE PRISON

The applicant sought reconsideration of a Workers' Compensation Appeals Board decision regarding industrial injuries and medical treatment reimbursements. The Board denied reconsideration, adopting the findings of the workers' compensation judge. The applicant's claims regarding impaired concentration due to pain and medication, as well as disputes over document possession and reimbursement calculations, were found insufficient to warrant further review. The applicant was also admonished for violating procedural rules by attaching unnecessary documents to her petition.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryShoulder InjuryHand InjuryKnee InjuryWrist InjuryBack InjuryPsyche InjuryHypertension
References
Case No. ADJ6655702
Regular
Mar 18, 2010

GERICK CATUGDA vs. WINKLEBLACK CONSTRUCTION, CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES

This case concerns whether the "going and coming rule" bars applicant's workers' compensation claim for injuries sustained during his commute. The defendant argued the rule applied, but the Workers' Compensation Appeals Board denied their petition for reconsideration. The Board adopted the WCJ's finding that the applicant's employment required him to have transportation for multiple job sites, creating an exception to the rule. This decision aligns with established precedent, where transportation necessity for the employer's benefit removes the commute from the rule's exclusion.

Going and coming ruleindustrial injuryconstruction laborerhead injurybrain injurypsyche injuryspine injuryribs injurypelvis injuryarms injury
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
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
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