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

Case No. ADJ9359876
Regular
Jul 06, 2015

Dennis Kent vs. State of California Department of Corrections and Rehabilitation, SCIF State Employees Riverside

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's finding that applicant Dennis Kent is entitled to temporary disability benefits. The Board gave great weight to the WCJ's credibility determination regarding applicant's efforts to remain in the labor market post-retirement. Applicant's retirement did not constitute withdrawal from the labor market due to ongoing job search and intent to work. The WCJ's decision was supported by applicant's credible testimony and financial needs, and the defendant's arguments regarding retirement benefits and job search documentation were found unpersuasive.

WCABPetition for ReconsiderationWorkers' CompensationWCJ credibility determinationState of California Department of Corrections and RehabilitationSCIFCorrectional AdministratorTemporary Disability BenefitsLabor MarketRetirement
References
Case No. ADJ1039908 (RDG 0121430)
Regular
Nov 07, 2008

AYON vs. CLIFF'S AUTO CENTER, Uninsured, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant is entitled to a Job Displacement Voucher. The applicant sustained an industrial injury causing permanent disability and did not return to work for the defendant within 60 days of temporary disability termination. Therefore, the applicant is eligible for a nontransferable voucher of up to $6,000 for educational retraining or skill enhancement, as defined by Labor Code § 4658.5.

Job Displacement VoucherUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilitySupplemental Job Displacement BenefitLabor Code § 4658.5Nontransferable VoucherEducation-Related RetrainingSkill EnhancementVocational Return to Work Counselor
References
Case No. SJO 0264010
Regular
Feb 11, 2008

CIPRIANO LOMOTAN vs. GE INFRASTUCTURE SECURITY, MATRIX ABSENCE MANAGEMENT SERVICES

In *Lomotan v. GE Infrastructure Security*, the Appeals Board vacated a judge's notice of intention to impose sanctions and a related job analysis order. This decision followed a Commissioner's Conference where the parties reached a compromise and release resolving all issues, including vocational rehabilitation benefits. The Board found no basis for sanctions and determined the job analysis issue was moot due to the settlement.

RemovalAppeals BoardSupplemental OrderSanctionsWCJCommissioner's ConferenceCompromise and ReleaseVocational RehabilitationSupplemental Job Displacement BenefitsJob Analysis
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10548329
Regular
Jan 04, 2019

JOSE CORONA vs. KERN HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration to further examine the factual and legal issues. The applicant sought reconsideration of a prior decision regarding an injury sustained while participating in a federal jobs program. Key issues on appeal include the calculation of temporary and permanent disability, and whether penalties or sanctions were warranted for the employer's actions concerning a job displacement voucher. The WCAB will issue a decision after further review.

Workers' Compensation Appeals BoardJose CoronaKern High School DistrictPetition for ReconsiderationLabor Code §5813Labor Code §5814Supplemental Job Displacement VoucherTemporary DisabilityPermanent DisabilityNational Farmworker Jobs Program
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ4638227 (LAO 0848464), ADJ519038 (LAO 0848465)
Regular
Oct 18, 2010

TINA ROBINSON vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award based on the defendant's argument that the applicant's permanent disability rating was incorrect. The Board found the record underdeveloped regarding the applicant's actual job duties as a traffic officer, which is crucial for determining the proper occupational group and variant under the 2005 Schedule. The case is returned to the trial level for further evidence and a new decision on the permanent disability issue.

ADJ4638227ADJ519038CITY OF LOS ANGELESTINA ROBINSONOccupational Group 4902005 Schedule for Rating Permanent Disabilitiesoccupational variantpermanent disability ratingJoint Findings and AwardReconsideration
References
Case No. STK 0172263, STK 0175293
Regular
Oct 15, 2007

FRANK LIBERINI vs. GALLO GLASS COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify an award finding the employer violated Labor Code §132a by discriminating against the applicant due to industrial injuries. The WCAB affirmed the original decision but amended it to explicitly include lost job benefits and attorney costs, directing the parties to adjust these amounts with trial level jurisdiction reserved. The employer's petition for reconsideration was deficient for failing to detail the specific grounds and evidence supporting their claims of business necessity and lack of prima facie discrimination.

Labor Code § 132adiscriminatory actionunlawful discriminationjob reinstatementincreased compensationback wagesprima facie casebusiness necessitydisparate treatmentjob benefits
References
Case No. ADJ7039301
Regular
Mar 16, 2011

ROBLY HART vs. LA JOLLA PACIFIC/DRR NEFF & ASSOCIATES, OAKS RIVER INSURANCE/BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case concerns Robly Hart's workers' compensation claim for an injury sustained in a motorcycle accident. The applicant was a construction consultant who used his motorcycle for work, traveling between home, job sites, and interviews. The primary dispute centers on whether the accident occurred during the course and scope of his employment, with conflicting evidence regarding his activities and timeline leading up to the incident. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found the applicant's testimony lacked credibility due to inconsistent statements and timeline discrepancies.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.Findings and OrderCourse of EmploymentConstruction ConsultantBuilding InspectorMotorcycle TravelJob Sites
References
Case No. ADJ8890531
Regular
Jan 10, 2014

HECTOR RODRIGUEZ vs. G & F ROOFING SUPPLY, INC., STATE COMPENSATION INSURANCE FUND

This case involves Hector Rodriguez's workers' compensation claim following a lumbar spine injury. The applicant appeals the denial of temporary total disability payments, arguing the employer's modified work offer was improper. The employer provided a sales position at a higher wage initially, but reduced the pay when the applicant failed to perform all assigned duties, which the judge found unrelated to his injury. The Board adopted the judge's report and denied the petition for reconsideration, finding the employer made a proper modified work offer and the applicant abandoned his job.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability RateTemporary Total DisabilityModified DutyJob PerformanceCredibility of WitnessesWage Loss CompensationJob AbandonmentLumbar Spine Injury
References
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