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

Case No. ADJ13341185 (SJO 0254688)
Regular
Dec 12, 2008

Joyce Guzman vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOC.

Applicant Joyce Guzman is seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding 41% permanent disability, asserting the judge's summary of testimony was inaccurate. The WCAB granted reconsideration, acknowledging the applicant's specific allegations of defects and the need to obtain and review the missing hearing transcript. This action is necessary to allow the Board to fully understand the record and issue a just decision.

Workers' Compensation Appeals BoardJoyce GuzmanMilpitas Unified School DistrictKeenan & Assoc.ADJ13341185SJO 0254688ReconsiderationAmended Findings and AwardPermanent DisabilityDisability Evaluator
References
Case No. ADJ1078163, ADJ3341185
En Banc
Sep 03, 2009

MARIO ALMARAZ, JOYCE GUZMAN vs. ENVIRONMENTAL RECOVERY SERVICES, STATE COMPENSATION INSURANCE FUND, MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This en banc decision clarifies that a permanent disability rating established by the Schedule is rebuttable, but any evidence to rebut the Whole Person Impairment (WPI) component must be based within the four corners of the AMA Guides.

AlmarazGuzmanWorkers' Compensation Appeals Boarden bancprecedentAMA Guides2005 Schedulepermanent disabilityrebuttableprima facie evidence
References
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
Case No. ADJ1939549
Regular
Dec 14, 2009

MATTHEW KELLEHER vs. STATE COMPENSATION INSURANCE FUND

The WCAB denied defendant's petition for reconsideration of the September 15, 2009 Findings and Award. The WCAB found that the AME's report complied with *Almaraz/Guzman II*, and that the AME did not go outside the four corners of the AMA Guides.

WCABPetition for ReconsiderationFindings and Awardindustrial injurypermanent disabilityAgreed Medical Evaluator (AME)American Medical Association Guides (AMA Guides)Whole Person Impairment (WPI)Almaraz/Guzman IAlmaraz/Guzman II
References
Case No. ADJ2023039 (POM 0295793)
Regular
Jan 11, 2018

JAVIER GUZMAN vs. FEDEX NATIONAL, CAMBRIDGE SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by the applicant, Javier Guzman. The WCAB adopted the report of the Workers' Compensation Administrative Law Judge (WCJ) as the basis for its denial. While acknowledging a factual inaccuracy in the WCJ's report regarding the Agreed Medical Examiner, the WCAB found no grounds to grant removal. Therefore, the petition was formally denied.

Order Denying RemovalPetition for RemovalWCJ ReportAMETreating PhysicianJavier GuzmanFedEx NationalCambridge SacramentoWorkers' Compensation Appeals Board
References
Case No. ADJ9385114
Regular
Feb 03, 2023

MICHELLE RICHMOND vs. SANTA ROSA TILE SUPPLY, PROCENTURY INSURANCE, ILLINOIS MIDWEST

The Workers' Compensation Appeals Board denied Santa Rosa Tile Supply's petition for reconsideration. The defendant argued the Administrative Law Judge erred in awarding 77% permanent disability and in not applying apportionment for a prior 1991 award. The Board adopted the WCJ's report, affirming that the physician properly rebutted the AMA Guides rating using Almaraz/Guzman principles by considering the applicant's limitations in activities of daily living. The Board also upheld the WCJ's decision to apply apportionment solely under Labor Code section 4663, as the defendant failed to demonstrate overlap with the prior award under section 4664.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityAMA GuidesMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)Labor Code section 4663Labor Code section 4664Almaraz/GuzmanPQME
References
Case No. ADJ8093801
Regular
Jun 21, 2013

GERARDO GUZMAN vs. BOA SUNSET, LLC, HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSET SERVICES, INC.

This case involves a petition for reconsideration filed by the applicant, Gerardo Guzman, which has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge in their decision. The applicant's answer to the WCJ's report was also rejected. Therefore, the petition for reconsideration is formally denied.

WORKERS' COMPENSATION APPEALS BOARDReconsideration DENIEDWCJ Report adoptedPetition for Reconsideration rejectedCal. Code Regs. tit. 8 § 10848WCAB Rules of Practice and ProcedureBOA SUNSET LLCHARTFORD INSURANCE COMPANY OF THE MIDWESTGALLAGHER BASSET SERVICESINC.
References
Case No. ADJ9943316 ADJ9558081
Regular
Dec 01, 2017

WING QUAN vs. BARRETT BUSINESS SERVICES

This case involves competing petitions for reconsideration from lien claimants Joyce Altman Interpreting and Orthomed. The Workers' Compensation Appeals Board (WCAB) denied Orthomed's petition, upholding the finding that they failed to meet their burden of proof for reimbursement. However, the WCAB granted Joyce Altman's petition, remanding the issue of sanctions and costs against the defendant for delaying payment of interpreting services. The WCAB affirmed the original finding that Joyce Altman failed to establish the market rate for her services.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and OrdersMedical Provider NetworkOrthomedJoyce Altman InterpretingFrivolous ActionsSanctionsCosts
References
Case No. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)
Significant
Apr 06, 2009

Mario Almaraz vs. Environmental Recovery Services (a.k.a. ENVIROSERVE), State Compensation Insurance Fund Joyce Guzman vs. Milpitas Unified School District, Permissibly Self-Insured, Keenan & Associates, Adjusting Agent

The Appeals Board grants reconsideration in two consolidated cases, Almaraz and Guzman, to study the issues raised in a petition and allows for the filing of amicus curiae briefs by any interested person or entity.

WCABReconsiderationAmicus BriefsEn Banc DecisionAMA GuidesPermanent DisabilityThreshold IssueRebuttalFinal OrderInterlocutory Decision
References
Case No. ADJ3311649 (LAO 0871212)
Regular
Apr 20, 2009

MILTON JEOVANY LOPEZ vs. LAZAR TRUCK LINES, NOVAPRO RISK SOLUTIONS FOR CTSA

The Workers' Compensation Appeals Board granted reconsideration of a decision that awarded the applicant 2% permanent disability for a knee injury. The applicant argued the rating was inaccurate based on the AMA Guides and sought recalculation under *Almaraz/Guzman*. The Board found the permanent disability issue was properly raised and that the medical record needed further development. Therefore, the matter was returned to the trial level to re-evaluate permanent disability consistent with the *Almaraz/Guzman* ruling.

Workers' Compensation Appeals BoardMilton Jeovany LopezLazar Truck LinesNovapro Risk SolutionsADJ3311649LAO 0871212ReconsiderationFindings and AwardPermanent DisabilityAMA Guides
References
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