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

Case No. 524328
Regular Panel Decision
Jan 11, 2018

Matter of Murrah v. Jain Irrigation, Inc.

Claimant Steven Murrah sustained a work-related injury to his right shoulder in 2010 while working for Jain Irrigation, Inc., leading to workers' compensation benefits. In 2014, while working for a different employer, he jarred his right shoulder again. A Workers' Compensation Law Judge initially found ulnar neuritis and cubital tunnel syndrome causally related to the 2010 incident. The Workers' Compensation Board modified this, finding no causal relation for ulnar neuritis but affirming and amending the 2010 claim to include right cubital tunnel syndrome. Jain Irrigation and its carrier appealed, arguing that ulnar neuritis and cubital tunnel syndrome are the same condition and that the issue was not properly preserved. The Appellate Division, Third Department, affirmed the Board's decision, declining to take judicial notice of the conditions' synonymity due to conflicting record evidence and deferring to the Board's resolution of medical evidence.

Workers' CompensationRight Shoulder InjuryRotator CuffUlnar NeuritisCubital Tunnel SyndromeCausationMedical EvidenceAppellate ReviewJudicial NoticeWork-Related Injury
References
8
Case No. MISSING
Regular Panel Decision

Merced Irrigation District v. Barclays Bank PLC

Merced Irrigation District sued Barclays Bank PLC, alleging market manipulation in electricity index prices, violating federal antitrust laws (Sherman Act Sections 1 and 2), California's Unfair Competition Law (UCL), and New York's unjust enrichment law. Barclays moved to dismiss the complaint. The court found Merced had standing and that fraudulent concealment tolled the statute of limitations. The motion was granted for the Section 1 Sherman Act claim due to a lack of alleged concerted action, and for the unjust enrichment claim due to the absence of a direct relationship between the parties. However, the motion was denied for the Section 2 Sherman Act monopolization claim and the UCL claim, allowing those to proceed. Merced was given leave to amend the dismissed claims.

Antitrust LawMarket ManipulationElectricity MarketsSherman Act Section 1Sherman Act Section 2California Unfair Competition LawUnjust EnrichmentMotion to DismissStatute of LimitationsFraudulent Concealment
References
85
Case No. ADJ3582743 (STK 0215397)
Regular
Apr 11, 2014

KERI LARSEN vs. MODESTO IRRIGATION DISTRICT

This case concerns defendant Modesto Irrigation District's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge erred in using an incorrect impairment number for calculating permanent disability. The Board amended the award to reflect an 18% permanent disability rating, based on the agreed medical evaluator's opinion regarding lateral epicondylitis and decreased grip, not nerve entrapment. The Board also corrected the finding for future medical treatment to the right arm and elbow, aligning with the amended disability rating.

Workers' Compensation Appeals BoardModesto Irrigation DistrictKerri Larsenpermanent disability ratingAMA GuidesAlmarez-Guzmanstraight ratingReport And Recommendation On Petition For ReconsiderationAgreed Medical EvaluatorAME
References
5
Case No. ADJ2381643
Regular
Jan 11, 2010

EMILIO GARZA vs. WATERFLOW IRRIGATION, STATE COMPENSATION INSURANCE FUND

This case involves an appeal regarding a 100% permanent disability finding for Emilio Garza, who sustained injuries to multiple body parts. The defendant argued against the 100% rating, citing stipulated reports at 87% and a lack of vocational expert testimony. The Appeals Board denied reconsideration, finding substantial evidence supported the WCJ's decision, particularly Dr. Ponton's neuropsychological opinion that the applicant could not compete in the open labor market due to cognitive, emotional, and physical limitations. The Board also found the defendant's contentions regarding apportionment and the RS Medical lien to be without merit.

Workers' Compensation Appeals BoardEmilio GarzaWaterflow IrrigationState Compensation Insurance FundIndustrial injuryPermanent disabilityAgreed medical examination reportsVocational rehabilitationCognitive Disorder NOSTraumatic brain injury
References
1
Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
6
Case No. ADJ9336762
Regular
Mar 17, 2025

Ramiro Hernandez vs. Riverside Landscape & Irrigation Inc., California Insurance Guarantee Association

The Appeals Board considered petitions for reconsideration from lien claimants RMS Medical Group and Basso Pharmacy regarding a WCJ's Findings and Order from December 11, 2024, which denied their lien claims related to applicant Ramiro Hernandez's industrial injury. The Board denied Basso Pharmacy's petition, upholding the finding that Basso Pharmacy was not properly licensed. Conversely, the Board granted RMS Medical Group's petition, ruling that their medical-legal services, performed by the primary treating physician Dr. Gottschalk, are compensable as a medical-legal expense, even with an AME in the case. Consequently, the matter was returned to the trial level for the WCJ to determine the reasonable value of RMS Medical Group's services.

Workers Compensation Appeals BoardRamiro HernandezRiverside Landscape & Irrigation Inc.California Insurance Guarantee AssociationIntercareCastlepoint InsuranceRMS Medical GroupBasso PharmacyPrimary Treating PhysicianMedical-Legal Reports
References
1
Case No. ADJ9685559
Regular
Oct 31, 2016

JOSEPH FOS vs. OAKDALE IRRIGATION DISTRICT, YORK RISK SERVICES GROUP, INC.

In this workers' compensation case, the defendant sought reconsideration of an award of 28% permanent disability for a left thumb injury. The Appeals Board granted reconsideration, finding the medical evidence regarding permanent disability was not properly rated according to AMA Guides. The Board affirmed the original award but deferred the issues of permanent disability and attorney's fees for further proceedings at the trial level. This decision aims to ensure a more accurate and substantial permanent disability rating through additional medical review and legal development.

Permanent disability ratingApportionmentMedical evidencePetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical EvaluatorAMA GuidesTrapeziectomyGrip strengthAlmaraz-Guzman
References
0
Case No. RDG 116853; RDG 116854; RDG 116855; RDG 116856; RDG 122064
Regular
Sep 13, 2007

GARY STODDARD vs. NEVADA IRRIGATION DISTRICT, TRISTAR RISK MANAGEMENT, STATE COMPENSATION INSURANCE FUND, GOLDEN EAGLE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and affirmed the administrative law judge's decision, which found no employer discrimination under Labor Code § 132a. However, the Board amended the order to shift $\$500$ in sanctions from the defendant employer to its defense counsel, Bradford & Barthel, for their conduct prior to and during trial. The applicant's contention of discrimination was otherwise rejected.

WORKERS' COMPENSATION APPEALS BOARDLabor Code § 132aantidiscriminationreconsiderationsanctionsWCJFindings and OrderOrder No. 5Bradford & Bartheltrial activities
References
0
Case No. MISSING
Regular Panel Decision

VDP PATENT, LLC v. Welch Allyn Holdings, Inc.

This opinion addresses a patent infringement lawsuit brought by VDP Patent, LLC, against Welch Allyn Holdings, Inc. and Harold Ellis Drugs and Surgicals, Inc., concerning U.S. Patent No. 5,944,711 for an earwax removal method. The court undertook the task of construing several disputed terms within the patent's single claim, including "tip," "cylindrical shape in cross[-]section," "selected outside diameter," and "friction fit obviating fluid leakage." Key rulings include interpreting "otoscope" as a device with a light and lens for visual examination and clarifying that the method requires the operator to select a tip size appropriate for the patient's ear canal, forming a fluid-tight seal that prevents all leakage during the continuous irrigation procedure. Ultimately, the court denied the defendants' motion for summary judgment, which sought to invalidate the patent on grounds of indefiniteness, concluding that the claim terms were sufficiently clear to a person of ordinary skill in the art.

Patent InfringementClaim ConstructionPatent ValiditySummary JudgmentEar IrrigationMedical DevicesOtoscopeDoctrine of EquivalentsOrdinary Skill in the ArtPatent Specification
References
32
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