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

Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. SRO 0135735
Regular
Nov 06, 2007

ROBERT ANUSEWICZ vs. JOINT INDUSTRY BOARD OF PLUMBING, dba KONOCTI HARBOR INN AND RESORT, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's entitlement to temporary disability indemnity beyond the standard 104-week limit. The Appeals Board rescinded the prior award, ruling that the applicant's hip and knee replacement surgeries did not constitute "amputations" as defined by Labor Code section 4656(c)(2)(C). Therefore, the applicant is limited to 104 weeks of temporary disability indemnity from the commencement of payments, precluding indemnity beyond January 31, 2007.

Workers' Compensation Appeals BoardRobert AnusewiczJoint Industry Board of PlumbingKonocti Harbor Inn and ResortState Compensation Insurance FundSRO 0135735Opinion and Decision After Reconsiderationtemporary disability indemnityindustrial injuryleft knee
References
Case No. OAK 0334678, OAK 0334680
Regular
Jul 21, 2008

KENNY AUBREY vs. COLOR TECH CORPORATION

This case involves an applicant who sustained industrial injuries to both knees, resulting in concurrent temporary total disability. The Workers' Compensation Appeals Board (WCAB) affirmed a prior award of temporary disability indemnity, applying the 104-week/two-year limitation under Labor Code section 4656(c)(1). This application was justified by the AME's finding that both injuries contributed to the applicant's concurrent temporary disability, aligning with precedent established in *Foster v. Workers' Comp. Appeals Bd.*.

Workers' Compensation Appeals BoardColor Tech Corporationindustrial injuriesboth kneesarthroscopic surgeriesleft kneeright kneejoint replacementtemporarily totally disabledaggregate disability payments
References
Case No. AHM 112796 AHM 112797
Regular
Jul 07, 2008

CHARLES GARBARINO vs. CON AGRA FOODS

This case involves an applicant seeking reconsideration of a workers' compensation award that apportioned $40\%$ of his left knee disability to a pre-existing arthritic condition. The applicant argued the Agreed Medical Examiner's apportionment was not medically probable and that disability from knee replacement surgery should not be apportioned. The Board denied reconsideration, affirming the award, but one Commissioner dissented, arguing apportionment of disability from surgery is improper under Labor Code section 4663.

Workers' Compensation Appeals BoardCon Agra FoodsCharles GarbarinoPetition for ReconsiderationFindings Award and OrderAgreed Medical Examinerspecific traumacumulative traumaleft knee injurypermanent disability
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. VNO 482752, VNO 482753
Regular
Jul 10, 2007

JESUS SANJORO vs. MOTION PICTURE AND TELEVISION FUND, Permissibly Self-Insured, Adjusted By ROYAL INDEMNITY CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 46% permanent disability. The Board found, consistent with prior precedent in *Steinkamp*, that medical treatment itself is not apportionable, even if non-industrial factors contributed to the need for that treatment. Therefore, the applicant's permanent disability resulting from knee replacement surgery was not subject to apportionment based on the underlying non-industrial arthritis.

Workers' Compensation Appeals BoardSanjoroMotion Picture and Television FundRoyal Indemnity Co.VNO 482752VNO 482753Petition for ReconsiderationFindings Award and OrderSecurity OfficerBilateral Knees
References
Case No. ADJ924878 (LAO 0883182)
Regular
Nov 12, 2019

ROSARIO VALDEZ vs. ATLANTIC EXPRESS OF L.A. INC., Administered By LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending a prior award. The Board affirmed the finding of industrial injury to the applicant's bilateral ankles and knees and the award of further medical treatment, including surgery. However, the Board modified the award of temporary disability benefits to comply with the 104-week limitation under Labor Code section 4656(c)(1), starting from the date temporary disability payments commence.

Petition for ReconsiderationFindings and Awardbus driverbilateral anklesbilateral kneestemporary disabilityEmployment Development DepartmentEDD lienfurther medical treatmentleft knee surgery
References
Case No. LAO 0850067
Regular
Sep 24, 2007

JULIE RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PAROLE COMMUNITY SERVICES, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and reversed a prior WCJ finding, ruling that total knee replacement surgery does not constitute an "amputation" for the purpose of extending temporary disability indemnity beyond the 104-week statutory limit. The Board clarified that "amputation" under Labor Code section 4656(c)(2)(C) applies only to the severance or removal of external limbs or appendages, not internal body parts. Therefore, the applicant's claim for additional temporary disability indemnity was denied.

Labor Code section 4656(c)(2)(C)Amputation exceptionTemporary disability indemnity104-week capReconsiderationRemovalInterim Findings and AwardKnee replacement surgeryBilateral kneesIndustrial injury
References
Case No. ADJ2053200 (SFO 0448615)
Regular
Oct 04, 2010

ALLAN LAU vs. MARRIOTT INTERNATIONAL RITZ-CARLTON SAN FRANCISCO

The Appeals Board reversed the WCJ's decision, finding that the applicant's condition became permanent and stationary (P&S) on February 17, 2009, as reported by Dr. Tse. Despite recommendations for further conservative treatment and the applicant's eventual decision to undergo knee replacement surgery, the Board found no medical evidence of temporary disability after February 17, 2009. They concluded the WCJ erred in awarding temporary disability between February 17, 2009, and October 6, 2009, and again from November 30, 2009, granting the defendant's petition to terminate temporary disability as of February 17, 2009.

Permanent and Stationary (P&S)Temporary Total Disability (TTD)ReconsiderationFindings and OrderPetition to Terminate LiabilityMedical EvidenceViscosupplementationKnee Replacement SurgeryIndustrial InjuryTreating Physician
References
Case No. ADJ3566472 (SFO 04633189)
Regular
Apr 05, 2010

MAURICE EDWARDS vs. CALIFORNIA PACIFIC MEDICAL CENTER

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the judge erred by combining work restrictions for the left knee and subjective pain for the right knee. The Board found the rating justified, noting the Agreed Medical Examiner stated the applicant was more disabled due to right knee pain. The Board concluded the rater's testimony supported the combined rating without improper addition of disability percentages.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLeft KneeRight KneePsycheApportioned Permanent Partial DisabilityBilateral Knee DisabilityWork Restrictions
References
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