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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ8857482
Regular
Jan 28, 2014

RENE QUINTANA vs. NEW ALBERTSONS, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved a petition for reconsideration that was denied by the Workers' Compensation Appeals Board. The Board adopted the findings of the workers' compensation administrative law judge, also denying reconsideration. The applicant's complaints regarding the Agreed Medical Evaluator's (AME) review of medical records, consideration of MRI films, and comments on an "internal injury/hernia" were rejected. The Board found no error in the AME's report or the approval of the compromise and release agreement given the applicant's claimed injuries and representation by counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorOrthopedicsMedical Records ReviewMRI FilmInternal InjuryHerniaCompromise and Release AgreementWCJ Report
References
Case No. ADJ1353365
Regular
Sep 16, 2008

MARIA GUILLEN vs. LE MERIGOT HOTEL; ARROWPOINT CAPITAL CORPORATION; MARRIOTT INTERNATIONAL/HOLLYWOOD RENAISSANCE HOTEL

The WCAB granted reconsideration, affirming the June 25, 2008 Findings and Award but amending it to be a Joint and Several Findings and Award and appointing Le Merigot as administrator.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardJoint and SeveralLe Merigot HotelArrowpoint Capital CorporationMarriott InternationalHousekeeperIndustrial InjuryNeck Injury
References
Case No. ADJ1577836
Regular
May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.
References
Case No. ADJ8119563
Regular
Dec 05, 2016

MARTHA HERRERA vs. MARRIOTT INTERNATIONAL

This case involves a Petition for Removal filed by Marriott International (Defendant) with the Workers' Compensation Appeals Board (WCAB). The WCAB denied the petition, finding that removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The Board concluded that the applicant, Martha Herrera, did not demonstrate such harm, nor did she prove that reconsideration would be an inadequate remedy. Therefore, the WCAB adopted the WCJ's report and denied the removal petition.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJ ReportDeniedCase No. ADJ8119563Marriott International
References
Case No. ADJ8377055
Regular
Dec 13, 2012

MARIA PEREZ vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

This case involves a petition for removal filed by a party in **Maria Perez v. Marriott International; Marriott Claims Services**. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of their request for removal. Therefore, the Board has formally closed the matter regarding the petition for removal.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardApplicantDefendantMarriott InternationalMarriott Claims ServicesADJ8377055San Jose District OfficeDecision November 13 2012
References
Case No. ADJ2980699 (MON 0351671) ADJ1220548 (MON 0351672)
Regular
Jul 16, 2013

AURA DE LEON vs. MARRIOTT INTERNATIONAL, PSI and Self-Administered

This case involves a Petition for Removal filed by an applicant against Marriott International, PSI, and Self-Administered. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed as no further action will be taken.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardAura De LeonMarriott InternationalPSISelf-AdministeredADJ2980699ADJ1220548
References
Case No. ADJ8956611
Regular
Mar 28, 2017

DEBRA ALLEN vs. WIS INTERNATIONAL, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied Debra Allen's Petition for Removal against WIS International and Zurich North America. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration would not be an adequate remedy. The Board found that Allen failed to demonstrate these conditions were met, adopting the WCJ's reasoning for the denial. Therefore, the petition was denied, and the case will proceed through normal channels.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJ ReportADJ8956611WIS InternationalZurich North America
References
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