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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9496892
Regular
Sep 15, 2025

JUNE JONES vs. CALIFORNIA SPECIAL PATROL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant's attorney sought reconsideration of an Order Rescinding Submission, Order Vacating Finding and Order, and Order to Develop the Record dated June 27, 2025, arguing further record development was unnecessary. The Workers' Compensation Judge (WCJ) recommended dismissal of the reconsideration petition and denial if treated as a petition for removal. The Appeals Board timely acted on the petition but noted issues with notice of transmission to the parties. They dismissed the petition for reconsideration, deeming the underlying order non-final, and denied the petition for removal, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding SubmissionFindings and OrderLabor Code section 5909Transmission of CaseElectronic Adjudication Management SystemNotice of TransmissionFinal Order
References
Case No. ADJ11225851
Regular
Oct 18, 2019

SUZAN ELSHAMI vs. C & A RESTAURANTS INC.; SAFETY NATIONAL CASUALTY CORPORATION, administered by BROADSPIRE

This case involves an applicant challenging a WCJ's decision regarding a Medical Provider Network (MPN) issue. The Appeals Board granted reconsideration solely to amend the order vacating submission, instructing further record development without vacating submission. The Board affirmed the WCJ's finding of injury AOE/COE, a threshold issue, while deeming the MPN development order interlocutory. The Board clarified that for MPN compliance, the network only needs at least three available primary treating physicians of an appropriate specialty within access standards.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating SubmissionFurther Development of RecordThreshold IssueFinal DecisionInterlocutory IssueInjury Arising Out of and in the Course of Employment (AOE/COE)Medical Provider Network (MPN)
References
Case No. ADJ2799313 (SJO 0261389) ADJ3309846 (SJO 0197654)
Regular
Nov 03, 2010

STANLEY IGONI vs. COHERENT INC., MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating submission for further record development was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm to justify this extraordinary remedy. The defendant's arguments regarding applicant standing, subject matter jurisdiction, substantial evidence, and burden of proof were not addressed on their merits due to the procedural nature of the petitions. The WCAB affirmed the WCJ's decision to further develop the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionDevelopment of the RecordExpert WitnessStandingSubject Matter JurisdictionSubstantial EvidenceBurden of Proof
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ1524475 (RIV 0046648) ADJ4641802 (RIV 0046649
Regular
Mar 01, 2019

BONNIE L. BENTLEY vs. SORA MANAGEMENT, INC., CALIFORNIA INSURANCE GUARANTEE ASSOC. for Legion Insurance, In Liquidation

This case involves a Petition for Reconsideration and a Petition for Removal challenging a WCJ's order vacating submission and allowing further development of the record. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be inadequate. Therefore, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderVacating SubmissionFurther Development of RecordSubstantial PrejudiceIrreparable HarmExtraordinary RemedyWCJ Report
References
Case No. ADJ7348065; ADJ7341118
Regular
Feb 18, 2015

JOSE PRUDENCIO vs. SCC SERVICE SOLUTIONS, HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Appeals Board denied the applicant's Petition for Removal, which sought to overturn an order vacating submission and developing the record. The Board agreed with the judge that further development of the medical record was needed for the internal medicine and psychiatry AMEs. However, the Board disagreed that the orthopedic AME failed to address apportionment, finding his report substantially complied with the law by noting the intertwined nature of the injuries and the difficulty in precise apportionment. The applicant's petition was denied.

Petition for RemovalOrder Vacating SubmissionOrder to Develop the RecordAgreed Medical Evaluator (AME)apportionmentcausationsubstantial evidenceReport and RecommendationLabor Code section 4663(c)Benson v. Workers' Comp. Appeals Bd.
References
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