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

Case No. ADJ6991789
Regular
Oct 19, 2010

BONNIE MCCLINTIC vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration regarding a finding that the applicant did not sustain an industrial injury. The applicant's own petition for reconsideration, arguing the evidence supported her claim of injury to her psyche, low back, neck, and jaw, was denied. The Board granted the applicant's request to file supplemental petitions in response to the proceedings. The defendant's initial petition was dismissed because they withdrew it.

Workers' Compensation Appeals BoardDepartment of Motor VehiclesState Compensation Insurance FundFindings of FactPetition for ReconsiderationSupplemental PetitionWCJ ReportApplicantDefendantIndustrial Injury
References
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
Case No. ADJ9402316
Regular
Aug 02, 2019

OSCAR SANDOVAL vs. THE STRIP JOINT, INC., STATE COMPENSATION INSURANCE FUND

This case involves applicant Oscar Sandoval seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied his claim for injury to his head, jaw/teeth, psyche, and sleep disorder. The WCAB denied reconsideration, affirming the WCJ's finding that the medical reports submitted by applicant's physicians lacked substantial evidence. Specifically, the WCAB found that Dr. Schames' report was based on an inadequate medical history, Dr. Reichwald's report was internally inconsistent and lacked review of sufficient medical records, and Dr. Saeid's report did not sufficiently explain his diagnosis of insomnia.

AOE/COEPetition for ReconsiderationFindings and AwardWCJmedical-legal reportssubstantial evidenceorthopedicpsychologicalinternal medicinecervical spine
References
Case No. ADJ1755508
Regular
Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the initial award, primarily addressing the defendant's contentions regarding the applicant's average weekly wage and credit for temporary disability payments. The Board agreed with the WCJ's recommendation to amend the award to include credit for temporary disability payments already made. Additionally, the Board corrected a clerical error concerning the permanent disability indemnity, incorporating credit for past payments and an attorney's fee. The award was otherwise affirmed, confirming the applicant's admitted industrial injury and $100\%$ permanent total disability.

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment
References
Case No. ADJ4614410
Regular
Mar 21, 2011

MANUEL RODRIGUEZ vs. CALIFORNIA METAL X, CONTINENTAL CASUALTY COMPANY, CNA CLAIMS PLUS

This case concerns Manuel Rodriguez's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board denied the petition, upholding the finding of 81% permanent disability. The board agreed with the administrative law judge that apportionment of disability to a prior 1991 knee injury was permissible under Labor Code Section 4663. Furthermore, the board affirmed that the applicant did not prove total permanent disability based on inability to compete in the labor market.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsycheSpineJawTeethHerniaPermanent Disability
References
Case No. ADJ1056275 (MON 0257175)
Regular
Sep 20, 2011

NATALIE RHYMES-MALLARD vs. COUNTY OF LOS ANGELES, DCFS DEPARTMENT

The WCAB dismissed the defendant's Petition for Removal as improperly filed, but granted reconsideration of the WCJ's order for a reevaluation by an AME. The Board rescinded the prior order and returned the case to the trial level due to an incomplete record, specifically the absence of crucial documents related to the applicant's husband's home health care lien. This allows for the proper creation and development of the record before addressing the substantive issues of the lien's necessity and reimbursement.

Petition for RemovalPetition for ReconsiderationAgreed Medical EvaluatorHome Health CareLien ClaimPermanent DisabilityIndustrial InjuryPsycheInternal OrgansNeurological System
References
Case No. ADJ1332200 (LAO 0710157) ADJ1749454 (LAO 0753825) ADJ1723599 (LAO 0710158)
Regular
Nov 11, 2011

EARLIE CHAMBERLAIN vs. CEDAR SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding insufficient medical evidence to determine industrial psychiatric injury due to incomplete records requested by both treating physicians. The Board also noted the WCJ may have misapplied the *Benson* doctrine regarding apportionment of the psychiatric injury across three separate industrial incidents. The case is returned to the trial level for further proceedings to develop the medical record and properly address causation and apportionment issues.

Workers' Compensation Appeals BoardCedars Sinai Medical Centernursing communications technicianindustrial injurybilateral kneesbackteethjawdenturesleft upper extremity
References
Case No. ADJ3438054
Regular
Jul 08, 2013

CAROLYN WILLIAMS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves Carolyn Williams' petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) found Williams incurred an industrial injury resulting in 57% permanent disability, calculated using the 2005 Permanent Disability Rating Schedule (PDRS). Williams argued she rebutted the PDRS's diminished future earning capacity (DFEC) adjustment with vocational expert testimony. However, the Appeals Board denied reconsideration, finding her expert's report less persuasive than the defendant's, as it focused on labor market access rather than DFEC and relied on inaccurate assumptions.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleDiminished Future Earning CapacityOgilvie v. City and County of San FranciscoAgreed Medical ExaminerVocational ExpertRebuttalSubstantial EvidenceFindings Award and OrderPetition for Reconsideration
References
Case No. ADJ4376851
Regular
Sep 15, 2009

PETRA ORTEGA vs. CAMBRO MANUFACTURING COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration and amends Findings of Fact 3 and 4 to reflect applicant's entitlement to ongoing temporary disability benefits. The WCJ's September 15, 2009 decision is otherwise affirmed.

WCABPETRA ORTEGACAMBRO MANUFACTURING COMPANYSTATE COMPENSATION INSURANCE FUNDADJ4376851LAO 0808601Petition for ReconsiderationFindings and AwardWCJindustrial injury
References
Case No. ADJ6770647
Regular
Jul 21, 2010

AMY CHRISTINE LENTINE vs. CALIFORNIA STATE UNIVERSITY FULLERTON, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Amy Christine Lentine's claim. The Board affirmed the finding that the claim was not barred by the statute of limitations. However, the issue of whether Lentine sustained an industrial injury was deferred and remanded to the WCJ for further proceedings. This means the compensability of the injury itself still needs to be determined.

Workers' Compensation Appeals BoardAMY CHRISTINE LENTINECALIFORNIA STATE UNIVERSITY FULLERTONSEDGWICK CLAIMS MANAGEMENT SERVICESADJ6770647RECONSIDERATIONSTATUTE OF LIMITATIONSINDUSTRIAL INJURYPSYCHETEETH
References
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