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

Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
References
Case No. ADJ4225526 (GOL 0092072)
Regular
Apr 20, 2017

JESUS ARROYO vs. JOHN CRAVENS PLASTERING, STATE COMPENSATION INSURANCE FUND

This case involves Jesus Arroyo's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the reasoning of the workers' compensation administrative law judge. Medical evidence from Dr. Markovitz established that Arroyo suffered a total and permanent disability resulting from industrial injuries, including an aortic aneurysm repair and subsequent strokes. The Board found Dr. Markovitz's opinions constituted substantial medical evidence, despite conflicting defense opinions, and affirmed that all necessary medical care and permanent disability were industrially caused.

Workers' Compensation Appeals BoardJesus ArroyoJohn Cravens PlasteringState Compensation Insurance FundPetition for ReconsiderationAgreed Medical ExaminerGerald Markovitzechocardiogramaortic root dilationexpanding aortic aneurysm
References
Case No. ADJ1539297 (VNO 0559125)
Regular
May 13, 2011

JESUS REBOLAR vs. SPECIALTY RESTAURANTS, ZURICH NORTH AMERICA

This case involves an applicant's industrial injury to his right wrist and psyche. The defendant contests an award of temporary disability indemnity, arguing the judge improperly awarded benefits for a period not raised at trial. The Board granted reconsideration, finding that EDD payments, when reimbursed by the defendant, should count towards the 104-week temporary disability limit under Labor Code section 4656(c)(2). The matter is returned to trial for recalculation of benefits and to determine the extent of defendant's reimbursement of EDD payments.

Workers' Compensation Appeals BoardSpecialty RestaurantsZurich North AmericaJesus RebolarADJ1539297VNO 0559125Opinion and Order Granting ReconsiderationDecision After Reconsiderationright wrist and psyche injuryEmployment Development Department (EDD) benefits
References
Case No. ADJ591894 (POM 0283231) ADJ4070161 (VNO 0521347) ADJ4114324 (VNO 0513026)
Regular
Dec 02, 2019

JESUS CARDOSO vs. VARGAS FURNITURE MANUFACTURE, a CA CORPORATION, RACHEL MONTOYA, ALFONSO MONTOYA, ARTHUR PAUL VILLA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order approving a compromise and release for an uninsured employer. The Board found that the Workers' Compensation Judge (WCJ) improperly overruled the substantial shareholders' objection without addressing its merits or providing reasons. Under Labor Code section 3715(e), uninsured employers have a right to object to compromise and release agreements and have their objections considered. The case is returned to the trial level for further proceedings to create an adequate record and for the WCJ to rule on the objection.

Workers' Compensation Appeals BoardJesus CardosoVargas Furniture ManufactureState Compensation Insurance FundUninsured Employers FundUEBTFCompromise and ReleasePetition for ReconsiderationLabor Code Section 3715(e)Notice of Intent
References
Case No. ADJ1160304 (AHM 0123404) ADJ1025764 (AHM 0123405) ADJ3228397 (ANA 0363148)
Regular
Mar 02, 2009

RICHARD JESUS RIVERO vs. LONG BEACH POLICE DEPARTMENT, CITY OF LONG BEACH

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding temporary total disability (TTD) for an applicant police officer. The defendant argued there was no medical evidence for TTD and that the applicant's termination for misconduct disqualified him from Labor Code section 4850 benefits. The Board found the medical evidence regarding TTD was inconsistent and required further development by the trial judge. Additionally, the judge must clarify the applicant's termination circumstances and their impact on section 4850 benefits.

Workers' Compensation Appeals BoardLong Beach Police DepartmentCity of Long BeachRichard Jesus RiveroADJ1160304ADJ1025764ADJ3228397ReconsiderationTemporary Total DisabilityLabor Code Section 4850
References
Case No. ADJ10052997
Regular
Mar 06, 2017

JESUS LLAMAS RUIZ vs. FLINTRIDGE RIDING CLUB, STATE COMPENSATION INSURANCE FUND

This case concerns an employer's petition for reconsideration of a Workers' Compensation Appeals Board finding that the applicant sustained work-related injuries. The employer argued the post-termination defense applied because no pre-termination medical records existed. However, the Board denied reconsideration, finding the applicant met an exception to the defense. This exception, under Labor Code section 3600(a)(10)(D), applies when the date of injury, defined by disability and knowledge of employment causation, occurs after the termination date. The Board affirmed the applicant demonstrated this exception, making the lack of pre-termination medical records irrelevant.

Workers' Compensation Appeals BoardFlintridge Riding ClubState Compensation Insurance FundJesus Llamas RuizPetition for ReconsiderationFindings of FactAdministrative Law JudgeLabor Code Section 3600(a)(10)Post-Termination DefenseException (D)
References
Case No. AHM 0136908
Regular
Mar 07, 2008

JUAN JESUS GARCIA vs. ALEXIS CONSTRUCTION CLEANUP INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of no permanent disability. The Board found that the medical reports were not ratable by the Disability Evaluation Unit. The case is returned to the trial level to allow examination of the DEU rater, aiming to develop the record and ensure a decision on the merits.

Workers' Compensation Appeals BoardAlexis Construction Cleanup Inc.Granite State Insurance CompanyAIG Claims ServicesJuan Jesus Garcialabor contractindustrial injuryback injurypermanent disabilityratable permanent disability
References
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
Case No. ADJ2996723 (LAO 0841594), ADJ4157903 (LAO 0848595), ADJ4177198 (LAO 0848596)
Regular
May 30, 2017

JESUS HERNANDEZ vs. WARNER BROTHERS STUDIOS

The Workers' Compensation Appeals Board (WCAB) denied Warner Brothers Studios' petition for removal in the case of Jesus Hernandez. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result from denial and reconsideration is inadequate. The WCAB found that Warner Brothers failed to demonstrate either of these conditions based on the WCJ's report. Therefore, the petition for removal was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWorkers' Compensation Appeals BoardWCJ ReportFinal DecisionAdverse DecisionApplicant
References
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