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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. ADJ5487199 ADJ5087748 ADJ8108959 ADJ8253201
Regular
Oct 09, 2017

AVIGAIL URUETA vs. NORTHROP CORPORATION, AIG, FREMONT INDEMNITY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a November 28, 2016 Joint Findings and Award. Subsequently, the Workers' Compensation Judge (WCJ) issued an Amended Joint Findings and Award on January 4, 2017, within the permissible 15-day window for amendments. Since no further petitions for reconsideration were filed regarding the amended decision, the WCAB vacated its initial grant of reconsideration. Consequently, the petitions for reconsideration of the original award are dismissed.

Workers' Compensation Appeals BoardNorthrop CorporationAIGFremont IndemnitySedgwick CMSPetition for ReconsiderationJoint Findings and AwardAmended Joint Findings and AwardWCJWCAB Rule 10859
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. ADJ247666 (AHM 0049425) ADJ2739663 (AHM 0049426)
Regular
Jul 11, 2017

STEVE CHEGWIN vs. SBC/PACIFIC BELL TELEPHONE; Permissibly Self-Insured, Administered By SEDGWICK CLAIMS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. Although the WCJ initially recommended dismissal as untimely, the WCAB found the petition timely because the amended award, correcting a date for permanent disability indemnity, constituted a material change extending the reconsideration period. Despite finding the petition timely, the WCAB adopted the WCJ's reasoning for denying reconsideration on the merits. The WCAB found that the amendment regarding the start date of permanent disability indemnity was a substantial change, and the issue was sufficiently interwoven with the overall award to extend the reconsideration deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeJoint Findings and AwardAmended Joint Findings and AwardPermanent Disability IndemnityClerical ErrorMaterial ChangeJudicial FunctionInterwoven Award
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ10008098
Regular
Feb 06, 2017

YVETTE SALDIVAR vs. STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the judge's findings of fact and award. While the defendant argued against the applicant's burden of proof, the WCJ's credibility finding, and the award of temporary disability instead of Industrial Disability Leave, the Board ultimately amended the findings. The Board found that the applicant sustained a cumulative trauma injury to her psyche through January 28, 2014, arising out of and in the course of employment, affirming the rest of the original award.

PSYCHE INJURYCUMULATIVE TRAUMASPECIFIC INJURYTEMPORARY DISABILITY INDEMNITYINDUSTRIAL DISABILITY LEAVERECONSIDERATIONFINDINGS AND AWARDWORKERS' COMPENSATION ADMINISTRATIVE JUDGEAPPEALS BOARDBURDEN OF PROOF
References
Case No. ADJ10597372
Regular
Apr 13, 2020

KATORIA JONES vs. THRIFT RECYCLING, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the original Findings, Award and Order. The Board found that the applicant's occupational group number should be 360 (porters and packers) rather than 230 (machine operators and tenders). This amendment was based on the applicant's job duties as a warehouse line loader involving lifting, sorting, and moving boxes. The Board deferred issues of permanent disability and attorney's fees, returning the case to the trial level for further proceedings with the corrected occupational group number.

Workers' Compensation Appeals BoardPetition for ReconsiderationOccupational Group NumberSorterWarehouse workerLine loaderPDRSPermanent Disability Rating ScheduleFindings Award and OrderIndustrial Injury
References
Case No. GRO 0027359 GRO 0031626
Regular
May 14, 2008

TERESA FOSTER-KENNEDY vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION, ARROWOOD INDEMNITY COMPANY, DYNAMIC CLAIM SERVICE

The Appeals Board granted reconsideration, affirming only the initial penalty and attorney's fee for the unreasonable delay in authorizing follow-up care with Dr. Billy. However, the Board reversed all other penalties and attorney's fees related to the payment of prior attorney's fees, finding those issues either rescinded, not properly presented, or mooted by settlement agreements. The employer is now liable for the initial penalty and associated attorney's fee regarding Dr. Billy, but not for any subsequent penalties or fees concerning attorney fee disputes.

Labor Code section 5814Labor Code section 5814.5unreasonable delayfollow-up careattorney's feespenalty petitionreconsiderationawardFindings of FactReport and Recommendation
References
Case No. ADJ3986549
Regular
Dec 07, 2010

TINA COONS, TINA COONS MOLINELLI vs. SHEPARD EYE CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's amended award due to a procedural issue regarding the timeliness of Broadspire's petition. The Board found that the WCJ's amendments, which included dismissing a petition to reopen and altering prior awards, were substantial and judicial in nature. Therefore, a new period for seeking reconsideration began from the date of the amended award. The Board rescinded all prior awards and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardPetition to ReopenJoint Findings and AwardClerical ErrorJudicial FunctionSubstantial ChangeTimelinessLien Claimant
References
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