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Case Law Database

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

Case No. VNO 0506664 VNO 0506924
Regular
Nov 06, 2007

MICHAEL SOUTH vs. CITY OF GROVER BEACH, CITY OF ATASCADERO

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition regarding two industrial injuries: irritable bowel syndrome and bilateral upper extremity injuries. While the Board noted the petition was timely filed, it adopted the WCJ's report which found no permanent disability for the irritable bowel syndrome based on the treating doctor's opinion. The Board also upheld the use of the 2005 Permanent Disability Rating Schedule for the upper extremity injury, as the applicant's medical reports predating January 1, 2005, did not establish permanent and stationary status or permanent disability.

Workers' Compensation Appeals BoardReconsideration DeniedIrritable Bowel SyndromeBilateral Medial EpicondylitisBilateral Cubital Tunnel SyndromePolice OfficerPermissibly Self-InsuredJoint PetitionTimely FiledPermanent Disability Rating Schedule
References
Case No. ADJ669666 (MON 0318802)
Regular
Feb 22, 2011

JANE DOWDS vs. LONG BEACH UNIFIED SCHOOL DISTRICT, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the administrative law judge erred in applying the 1997 Permanent Disability Rating Schedule and failing to award additional disability for irritable bowel syndrome. The Appeals Board granted reconsideration, adopting the WCJ's recommendation to defer the issue of permanent disability related to irritable bowel syndrome and attorney's fees, reserving jurisdiction at the trial level. The rest of the original award was affirmed.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementFindings and AwardPermanent Disability Rating ScheduleIrritable Bowel SyndromeHypertensionReconsiderationDeferred IssueJurisdiction Reserved
References
Case No. ADJ4585939 (VNO 0527178) ADJ2581067 (VNO 0527236)
Regular
Jan 02, 2014

KATHLEEN NUTT vs. TEHACHAPI VALLEY HEALTH CARE DISTRICT, ALPHA FUND

This Workers' Compensation Appeals Board (WCAB) decision granted reconsideration and affirmed a prior ruling, with a key amendment. The amendment expanded the applicant's entitlement to further medical treatment to cure and relieve the effects of her industrial psychiatric injury, hypertension, fibromyalgia, sleep disorder, and irritable bowel syndrome. The WCAB adopted and incorporated the administrative law judge's report into its decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJindustrial psychiatric injuryindustrial hypertensionfibromyalgiasleep disorderirritable bowel syndromefurther medical treatmentcure and relieve
References
Case No. ADJ7320474
Regular
Jun 08, 2015

XOCHILT GAMEZ vs. JP MORGAN CHASE & CO.; LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a petition to reopen for new and further disability related to a psyche and irritable bowel syndrome injury. The defendant argued the applicant did not sustain new and further disability, but the WCAB granted reconsideration. The Board amended the original findings to clarify that all outstanding issues, including permanent disability, are deferred with jurisdiction reserved. The WCAB affirmed the substance of the WCJ's decision, granting the petition to reopen for new and further disability.

new and further disabilityPetition to ReopenLabor Code section 5410Labor Code section 5803psyche injuryirritable bowel syndromepermanent disabilitytemporary partial disabilitywage lossjurisdiction reserved
References
Case No. ADJ3588877 (SAC 0332526)
Regular
Jul 19, 2011

Laurie Shreffler vs. Electronic Data System, Hewlett Packard, Travelers Insurance Company

In this Workers' Compensation Appeals Board decision, the Appeals Board reversed the finding that the applicant sustained an industrial injury related to diabetes. The Board adopted the WCJ's report, which favored Dr. Nishimura's medical opinion over Dr. Nacouzi's regarding the diabetes. While the award for temporary and permanent disability remains, the applicant is no longer entitled to industrial medical treatment for her diabetes. The decision otherwise affirmed the original award for injuries to the neck, low back, psyche, and irritable bowel syndrome.

Workers' Compensation Appeals BoardElectronic Data SystemHewlett PackardTravelers Insurance Companyindustrial injurylow backneckpsycheirritable bowel syndromediabetes
References
Case No. ADJ7783776
Regular
Nov 02, 2016

MARY ATANDA vs. TACO BELL/YUM! BRANDS, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Mary Atanda's industrial injuries. The WCJ had awarded temporary disability, permanent disability, and further medical treatment for admitted lumbar spine, neck, and knee injuries. However, the WCJ did not adequately explain the reasoning for denying claims for psychiatric injury, arm injury, circulatory system issues, headaches, or irritable bowel syndrome. Therefore, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings and a decision that sufficiently explains the grounds for determination.

WCABPetition for ReconsiderationFindings and AwardWCJAOE/COEorthopedic injurylumbar spineneckright shoulderright knee
References
Case No. ADJ2554534
Regular
Jan 03, 2023

WENDY COLLIE vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of a prior award. The initial award found the applicant sustained an injury AOE/COE to multiple body parts, resulting in permanent total disability without apportionment. The employer argued the finding of chronic pain syndrome was improper, and that the WCJ ignored credibility issues and apportionment opinions. The Appeals Board found substantial medical evidence supported the chronic pain syndrome diagnosis and that the employer failed to provide sufficient evidence for apportionment of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgeInjury AOE/COELumbar SpineCervical SpineLeft ShoulderRight HipRight Knee
References
Case No. ADJ1170386 (OXN 0133453) ADJ2465830 (VNO 0334877)
Regular
Jul 24, 2012

LARRY SALIT vs. ALPHA INDUSTRIES, CHARTIS COSTA MESA, CITY OF INGLEWOOD

The Court of Appeal remanded *Salit v. Workers' Comp. Appeals Bd.*, finding the WCJ's denial of industrial IBS was unsupported by substantial evidence. The Court also found no basis for the 15.5% apportionment of prior injuries to fibromyalgia. Consequently, the WCAB affirmed the findings in one case and, in the other, amended the award to recognize the industrial injury to IBS and deferred issues of permanent disability, apportionment, and attorney's fees. The matter is returned to the trial level for further proceedings consistent with the appellate court's opinion.

RemittiturCourt of AppealAnnulledRemandedPolice OfficerIT TechnicianFibromyalgiaIrritable Bowel Syndrome (IBS)ApportionmentPermanent Disability
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ1170386 (OXN 0133453) ADJ2465830 (VNO 0334817)
Regular
May 17, 2010

Larry Salit vs. ALPHA INDUSTRIES, CHARTIS COSTA MESA, CITY OF INGLEWOOD

This case involves Larry Salit's petitions for reconsideration of two workers' compensation awards. The applicant sought compensation for cumulative trauma injuries to his upper extremities and for injuries to his back, TMJ, hearing, neck, upper extremities, and fibromyalgia. The applicant contended the judge erred in apportioning prior injuries, awarding liens, and discounting medical opinions regarding fibromyalgia and its connection to IBS. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's findings that apportionment was proper and supported by substantial medical evidence.

Workers' Compensation Appeals BoardCumulative trauma injuryBilateral upper extremitiesPermanent disabilityApportionmentLabor Code 4663Labor Code 4664FibromyalgiaTMJIrritable Bowel Syndrome (IBS)
References
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