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Case Law Database

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

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. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ1328083 (SDO 0277959)
Regular

BLANCA SOSA vs. CONEXANT SYSTEMS, INC., ULTIMATE STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES INC., INTEGRATED MICROWAVE CORPORATION, ZENITH INSURANCE COMPANY

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration in the case of Blanca Sosa v. Conexant Systems, Inc. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition for reconsideration is denied, and the original decision of the WCJ stands.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJ reportDENY RECONSIDERATIONCONEXANT SYSTEMSULTIMATE STAFFING SERVICESCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBROADSPIRE SERVICES INC.INTEGRATED MICROWAVE CORPORATION
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. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ7405264
Regular
Jun 19, 2012

IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board sanctioned claims adjuster Richard Bailey $250 for failing to appear at an arbitration hearing. Despite Bailey's contentions about lack of written notice and fear of the arbitrator, the Board found he had actual notice of the verbal order. While the underlying issue was resolved, Bailey should have sought permission for his non-appearance, and his disregard for the arbitrator's order undermined the system's integrity.

Workers' Compensation Appeals BoardSanctionsClaims AdjusterArbitrationWritten ObjectionGood CauseArbitratorVerbal OrderLabor Code Section 5701Independent Medical Examination
References
Case No. ADJ9391561 ADJ8266496
Regular
Apr 12, 2019

HENDRIKUS ANTONIUS BENNINK vs. CITY OF FRESNO

This case involves a police officer claiming industrial injuries to multiple body parts, including orthopedic and digestive systems, in addition to previously resolved cardiovascular and hearing claims. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant did not sustain industrial injuries to his neck, upper extremities, back, legs, or digestive system. This decision was based on substantial evidence from Qualified Medical Examiners (QMEs) who concluded these conditions were degenerative and non-industrial. The WCAB found no error in the QMEs' reasoning or the applicant's failure to prove industrial causation for these specific injuries.

ADJ9391561ADJ8266496Industrial injuryCardiovascular systemHearing lossOrthopedic injuryDigestive systemQMESubstantial evidenceCausation
References
Case No. ADJ10266237; ADJ10401171
Regular
Aug 15, 2025

WILLIAM AREY vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied defendant Hartford Accident & Indemnity Company's petition for reconsideration. The defendant challenged the April 22, 2025 Joint Findings of Fact and Order, which found that applicant William Arey sustained industrial injuries to his brain, head, nervous system, and circulatory system. Defendant contended the Agreed Medical Evaluator (AME) Dr. Roger Bertoldi's report was not substantial medical evidence and that ex parte contact occurred due to applicant's sister's participation in the evaluation. The Board affirmed the WCJ's decision, finding Dr. Bertoldi's report to be substantial medical evidence and concluding that the sister's assistance was necessary and permissible due to applicant's significant memory impairment, thus not constituting impermissible ex parte contact.

AMEAgreed Medical Evaluatorex parte contactsubstantial medical evidenceindustrial injurycumulative injuryspecific injuryres judicatacollateral estoppelPetition for Reconsideration
References
Case No. ADJ10166138
Regular
Apr 07, 2023

MICHAEL DOWLING vs. MANPOWERGROUP, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration. The defendants contended the Administrative Law Judge erred by stating applicant required medical treatment for his left shoulder and wrist, and by finding an $83\%$ permanent disability with a lifetime pension. The Board adopted the WCJ's report, which corrected the clerical error regarding the shoulder and wrist treatment but upheld the permanent disability finding. The WCJ determined the "addition method," rather than the Combined Values Chart, was the most accurate way to combine the applicant's orthopedic and psychiatric impairments based on substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDenying ReconsiderationAdjudication NumberAdmitted Industrial InjuryCompensable ConsequencesNervous SystemPsycheExcretory System
References
Case No. ADJ1323644 (VNO 0276170)
Regular
Nov 15, 2011

CHARLES STRICKLAND vs. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior order allowing the commutation of $245,000 for the applicant to purchase a new home. The Board found the applicant had not presented substantial evidence that the commutation was in his best interest, citing a vague status of the new home purchase and applicant's complicated financial situation. The case is returned to the trial level for further proceedings to develop a clearer record on the applicant's finances and home purchase details. The Board seeks to ensure the commutation is truly in the applicant's best interest and all financial implications are accounted for.

WORKERS' COMPENSATION APPEALS BOARDCOMMUTATIONPERMANENT DISABILITYFINDINGS OF FACT AND ORDERPETITION FOR RECONSIDERATIONLABOR CODE SECTION 5100WCJINDUSTRIAL INJURYPSYCHOLOGICAL SYSTEMGASTROINTESTINAL SYSTEM
References
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