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

Case No. ADJ6592136
Regular
Nov 02, 2015

MARIA VEGA vs. BURBANK UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

This case concerns Maria Vega's workers' compensation claim against Burbank Unified School District for injuries sustained as a janitor. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding its prior decision due to a typographical error identified by the defendant. The WCAB's corrected order now defers findings on permanent disability related to headaches and psyche, as well as temporary disability and future medical treatment. Further proceedings are required to resolve these deferred issues.

Workers' Compensation Appeals BoardBurbank Unified School DistrictKeenan & AssociatesPetition for ReconsiderationOpinion and OrderFindings and AwardWorkers' Compensation Administrative Law Judgeindustrial causationpsycheheadaches
References
Case No. ADJ4177198
Regular
Jul 09, 2009

JESUS HERNANDEZ vs. WARNER BROS. STUDIOS.

This case involves an applicant, Jesus Hernandez, who claims industrial injuries to his back, lower extremities, psyche, and respiratory system while employed by Warner Bros. Studios. The employer sought reconsideration of a prior order, arguing the claims were barred by the post-termination defense under Labor Code section 3600(a)(10). The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's claimed respiratory system injury is not barred by the post-termination defense. The Board affirmed the prior order, finding that evidence of these injuries existed in pre-termination medical records.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)post-termination defenseindustrial injuriesjanitorback injurylower extremitiespsyche injuryrespiratory system injuryinternal systems
References
Case No. SAC 0339362, SAC 0342437
Regular
Mar 14, 2008

DIXIE L. BOOT vs. CALIFORNIA DEPARTMENT OF FORESTRY ACADEMY, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND

This case involves two workers' compensation claims for industrial injuries to the applicant's back and knees, with prior stipulations regarding a 1996 injury. The Appeals Board rescinded prior awards and returned the cases for further proceedings to address issues of permanent disability apportionment, particularly concerning the conclusive presumption of prior disability and the applicability of the *Wilkinson* case in light of new apportionment rules. Further development of the medical record may be necessary to clarify these apportionment issues.

Workers' Compensation Appeals BoardIndustrial InjuryJanitorBack InjuryKnee InjuryHip InjuryPermanent DisabilityApportionmentFindings and OrderAward
References
Case No. SFO 0495098
Regular
Jan 14, 2008

SALVADOR GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended the original award, reducing the applicant's permanent disability rating from 29% to 17%. This decision was based on the persuasive opinion of one medical evaluator who found minimal neck complaints, deeming a prior report stale and lacking substantial evidence regarding neck impairment. Consequently, the applicant's permanent disability indemnity was reduced to $15,023.64.

Salvador GarciaAble Building MaintenanceZurich North America Insurance CompanySFO 0495098Opinion and Order Granting ReconsiderationFindings and Awardindustrial injuryshouldersneckjanitor
References
Case No. ADJ4207158 (LAO 0879876) ADJ4078088 (LAO 0879877)
Regular
Feb 18, 2011

MARIA ANDRADE vs. DIAMOND CONTRACT SERVICES

In *Andrade v. Diamond Contract Services*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB overturned a prior order that had denied the defendant's request to have the applicant examined by their vocational expert. The Board found that fundamental fairness, through mutual discovery, required the applicant to submit to the evaluation. Therefore, the WCAB rescinded the prior order and directed the applicant to be examined by the defendant's vocational expert.

Petition for RemovalVocational ExpertRebuttal EvidenceDue ProcessLabor Code Section 5704DiscoveryFundamental FairnessAgreed Medical EvaluatorKeith WilkinsonCarmen Roman
References
Case No. ADJ9388041
Regular
May 20, 2014

LILIAN BERNABEL vs. DMS FACILITY SERVICES, TWIN CITIES FIRE INSURANCE/THE HARTFORD, administered by CCMSI

The Workers' Compensation Appeals Board denied Lilian Bernabel's petition for reconsideration of the arbitrator's finding of no injury AOE/COE. The Board adopted the arbitrator's report, which found the applicant's testimony regarding the injury and its reporting to be inconsistent and not credible. Furthermore, the petition was dismissed for lack of verification, a defect that was not cured despite notice. The arbitrator also found insufficient substantial medical evidence to support the claim of industrial injury.

ADJ9388041DMS Facility ServicesTwin Cities Fire InsuranceThe HartfordCCMSIPetition for ReconsiderationArbitrator's ReportGarza v. Workmen's Comp. Appeals Bd.Lab. Code§ 5902
References
Case No. ADJ4009736 (VNO 0497103) ADJ2906209 (VNO 0497100)
Regular
Aug 17, 2010

, Carmen Ontiveros, vs. , NORTHRIDGE FITNESS, LLC dba GOLD'S GYM and JOHN MAHLI as a substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND,

The Workers' Compensation Appeals Board (WCAB) dismissed Carmen Ontiveros's petition for reconsideration because it was filed untimely. Ontiveros sought reconsideration of two adverse decisions finding no work-related injury, but her petition was filed approximately ten days after the statutory deadline. The WCAB emphasized that the filing deadline for reconsideration petitions is jurisdictional. Therefore, despite allegations of due process violations and a late judge's decision, the Board lacked the authority to consider the merits.

Workers' Compensation Appeals BoardNorthridge Fitness LLCGold's GymUninsured Employers Benefit Trust FundPetition for ReconsiderationFindings and OrdersJanitorInjury arising out of and occurring in the course of employmentDue processImpartial decision maker
References
Case No. ADJ1801165 (VNO 0533524)
Regular
Apr 30, 2010

WILFREDO MARROQUIN vs. THE KROGER COMPANY dba RALPHS GROCERY COMPANY/FOOD 4 LESS, PERMISSED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an employee, Wilfredo Marroquin, who sustained industrial injuries to his neck, shoulders, and elbows. The primary dispute concerns the employer's claim for credit for temporary disability payments, which significantly exceeded the permanent disability award. The Administrative Law Judge initially denied the credit, citing equity concerns due to the large sum relative to the award and the employer's proper benefit payments. The Appeals Board granted reconsideration, recognizing the discretion to allow credit but emphasizing that denial is appropriate if it undermines the purpose of permanent disability benefits. The case is returned to the trial level for the WCJ to assess the equities of both parties regarding partial credit.

Wilfredo MarroquinThe Kroger CompanyRalphs Grocery CompanySedgwick Claims Management ServicesADJ1801165VNO 0533524Petition for ReconsiderationFindings and Awardindustrial injuryjanitor
References
Case No. ADJ9255010
Regular
Dec 01, 2014

MIREYA MEDRANO vs. CALIFORNIA OFFICE MAINTENANCE, REPUBLIC, REPUBLIC UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Mireya Medrano's petition for reconsideration to set aside an approved Compromise and Release agreement. Medrano claimed the settlement was procured by fraud and she discovered new evidence. The Board adopted the WCJ's report finding no evidence of fraud, as Medrano failed to meet the required elements. Furthermore, the alleged "newly discovered evidence," a medical report, was not deemed material or previously undiscoverable, as she was aware of the underlying diagnoses and had access to similar information prior to the settlement.

WCABPetition for ReconsiderationCompromise and ReleaseFraudNewly Discovered EvidenceAOE/COELabor Code § 3600(a)(10)Administrative Law JudgeWCJRepublic Underwriters Insurance Company
References
Case No. ADJ514501
Regular
May 29, 2012

ANTEINOR SERRANO vs. REMEDY INTELLIGENT STAFFING, CUSTOM BUILDING PRODUCTS, CHARTIS, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration as a clerical matter to ensure internal consistency in the original decision. The WCAB affirmed the judge's decision, finding that applicant Antenor Serrano sustained an injury to his back and left knee arising out of and occurring in the course of employment. The case was returned to the trial level for further proceedings regarding insurance carriers.

Workers' Compensation Appeals BoardReconsiderationDecision After ReconsiderationJanitorCustom Building ProductsRemedy Intelligent StaffingBack InjuryKnee InjuryInsurance CarriersAdministrative Law Judge
References
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