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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. VNO 0421742
Regular
Mar 17, 2008

CONRAD GAC vs. DAY SHIP MANAGEMENT, INC.

The WCAB affirmed the WCJ's decision dismissing the applicant's workers' compensation claim for lack of jurisdiction. The Board found the applicant's exclusive remedy lies in admiralty law against the United States, as the defendant employer acted as an agent of the U.S. government for a vessel owned by the U.S. Navy. Previously decided jurisdictional and timeliness issues were deemed law of the case and affirmed.

Workers' Compensation Appeals BoardConrad GacDay Ship ManagementInc.cumulative traumamerchant marine seamanpetition for reconsiderationlack of jurisdictionSuits in Admiralty ActPublic Vessels Act
References
Case No. ADJ10544189
Regular
Nov 09, 2018

MARTIN GARCIA vs. HARVEST CHURCH, GUIDEONE MUTUAL

This case involves an applicant seeking an increased permanent impairment rating for a psychiatric injury stemming from a physical injury to his left foot. The applicant's injury occurred when a gate fell on his foot, and he claims this constitutes a "violent act" under Labor Code section 4660.1(c)(2)(A), which allows for exceptions to a general rule against increased impairment ratings for psychiatric issues arising from physical injuries. The Appeals Board denied reconsideration, affirming the WCJ's finding that the gate falling was an accidental injury, not a violent act, based on definitions involving strong physical force or extreme threats. The Board found the applicant's experience lacked the intensity seen in prior cases of violent acts, such as being struck by a car or being crushed in a vehicle.

AOE/COEViolent ActLabor Code Section 4660.1Psychiatric InjuryPermanent Impairment RatingPetition for ReconsiderationFindings of FactWorkers' Compensation Judge (WCJ)Industrial InjuryPreponderance of the Evidence
References
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant
Jun 17, 2024

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

The Appeals Board consolidates two cases and issues a notice of intent to impose sanctions and costs against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay proceedings.

Labor Code Section 5813SanctionsCostsAttorney's FeesImproper MotiveFrivolousUnnecessary DelayPetitions for ReconsiderationOrder Approving Compromise and ReleaseWillful Intent
References
Case No. ADJ6718488
Regular
Apr 08, 2020

PATRICK SAUCEDA vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a special education teacher injured by a student's assault. The Workers' Compensation Appeals Board affirmed a finding of serious and willful misconduct against the school district for failing to notify the teacher of the student's documented violent tendencies. The majority found the district knew of the danger, the probable consequences of serious injury, and deliberately failed to act, violating both Labor Code and Education Code provisions. A dissenting opinion argued the student's privacy and educational rights should have been prioritized, questioning the school's ability to act based on mere speculation.

Serious and Willful MisconductSpecial Education TeacherStudent AssaultViolent TendenciesDuty to WarnEducation Code § 49079Labor Code § 4553Intentional ActReckless DisregardCorrective Action
References
Case No. LAO 0806287
Regular
Dec 13, 2007

AURORA BARAJAS vs. THE MAINLAND COMPANY, INC. aka CRAZY SHIRTS, INC., ALLIANZ INSURANCE COMPANY, INDEMNITY INSURANCE COMPANY OF AMERICA Administered By ACE USA/ESIS, CENTRE INSURANCE COMPANY Administered By REM, SAFETY NATIONAL CASUALTY CORPORATION Administered By COMPLINK

The Appeals Board granted Shidu Chiropractic's petition for reconsideration and amended the Workers' Compensation Judge's (WCJ) decision. While Shidu was properly notified of the lien trial, the WCJ erred by issuing a Notice of Intention to Disallow Lien Claim instead of a Notice of Intention to Dismiss, and by dismissing the lien with prejudice. The lien is now dismissed without prejudice, acknowledging potential procedural errors by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceNotice of Intention to DisallowNotice of Intention to DismissCompromise and ReleaseLien TrialGood CauseWithout Prejudice
References
Case No. ADJ4653913
Regular
Jan 14, 2011

BERTHA GARCIA vs. UNITED FOOD GROUP, CRUM & FORSTER, PACIFIC COMP

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration. The petition sought to challenge a WCJ's Notice of Intention to Dismiss the lien, arguing it was improperly issued without a hearing. The WCAB found the Notice of Intention to Dismiss was not a final order subject to reconsideration. Additionally, the petition lacked the required verification under Labor Code section 5902. The WCAB instructed the WCJ to treat the filing as an objection to the notice.

WCABLien ClaimantPetition for ReconsiderationNotice of Intention to DismissInterlocutory OrderFinal OrderLabor Code § 5900Labor Code § 5902VerificationBoard Rule 10562(e)(1)
References
Case No. ADJ7210580
Regular
Feb 17, 2012

DAVID COLLINS vs. CROWLEY TECHNICAL SERVICES, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a finding of concurrent jurisdiction for an injured seaman. The seaman was employed by Crowley Technical Services, an agent of the U.S. Department of Transportation, and injured while working on the U.S.S. Curtis, a vessel owned by a U.S. agency. Because the seaman was a member of the crew of a U.S. government-owned vessel and employed by a U.S. agent, federal law dictates exclusive jurisdiction, precluding California from adjudicating the claim.

Exclusive JurisdictionAdmiralty LawSeaman StatusJones ActLHWCACrew MemberMaritime AdministrationSuits in Admiralty ActPublic Vessels ActConcurrent Jurisdiction
References
Case No. ADJ767870 (LAO 0816816) ADJ1415110 (VNO 0526399)
Regular
Mar 21, 2011

EVELYN PIERRE vs. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES; Legally Uninsured

The Workers' Compensation Appeals Board denied reconsideration of a decision, upholding the denial of a second penalty for unreasonably delayed permanent disability indemnity. The applicant sought two separate Labor Code section 5814 penalties, but the Board found the employer's failure to pay indemnity and the related section 4650(d) penalty constituted a single continuous act of non-payment, not separate and distinct acts as required by *Christian v. WCAB*. Additionally, the petition for reconsideration was denied for failing to include proof of service and notice of the applicant's right to independent counsel.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONLab. Code§ 5814permanent disability indemnityLab. Code§ 4650(d)unreasonably delayedseparate and distinct actsattorney's fee
References
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