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

Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ15751788
Regular
Jul 18, 2025

OLGA BENITEZ vs. MISSION FOODS, ARCH INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board issued an order on July 18, 2025, to rectify a clerical error in a prior decision dated May 29, 2025, concerning case number ADJ15751788. The error involved the omission of the case number from the caption of the earlier Opinion and Order Granting Petition For Reconsideration and Decision After Reconsideration. The Board clarified that this correction was made without the need for granting reconsideration, citing that such errors can be corrected at any time. Additionally, an earlier Petition for Removal, related to the same parties, was dismissed on May 29, 2025, subsequent to its withdrawal by the petitioner.

Workers' Compensation Appeals BoardClerical ErrorOpinion and OrderCase NumberPetition for ReconsiderationPetition for RemovalAdjudication NumberGallagher Bassett ServicesArch Indemnity InsuranceMission Foods
References
Case No. ADJ2165124 (LBO 0337853) ADJ1517186 (LBO 0337823)
Regular
Oct 13, 2009

RAFAEL RUIZ vs. FARMERS BROTHERS, SEDGWICK CMS

The petition for reconsideration is denied for reasons stated in the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationAdministrative Law JudgeWCJ ReportADJ NumberLBO NumberFarmers BrothersSedgwick CMSRafael Ruiz
References
Case No. ADJ1778428 (VNO 0454872)
Regular
Oct 09, 2013

RAUL DURAN vs. L.I. MARBLE, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by Dan H. Kim, M.D. (lien claimant) regarding an order dismissing their lien for failure to pay the required activation fee. The Workers' Compensation Judge recommended denial, finding the lien claimant had proper notice of the conference and previously had the correct applicant name and case number. The Appeals Board adopted the WCJ's report and denied reconsideration, cautioning the petitioner against disclosing the injured worker's Social Security number.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportinjured worker privacySocial Security numberOrder Dismissing Lienlien activation feePinnacle Lien Servicesdatabase discrepancyEAMS file
References
Case No. ADJ20165742
Regular
Jul 18, 2025

DEBRA SILVEIRA vs. FEDEX GROUND PACKAGE SYSTEM, INCORPORATED

Applicant Debra Silveira sought reconsideration of an April 29, 2025 Findings of Fact and Order, which deemed a Qualified Medical Evaluator (QME) panel valid despite being requested by defendant FedEx Ground Package System, Incorporated, with an incorrect claim number. The Appeals Board granted the petition, rescinded the prior decision, and substituted new findings. The Board ruled that strict compliance with Administrative Director Rule 30 regarding complete and correct claim numbers for QME panel requests is required to ensure due process and prevent conflicting or overlapping panels. Consequently, the defendant's panel (7773036) was deemed invalid, and the applicant's panel (7775940) was declared valid.

QME panel validityincorrect claim numberAD Rule 30due processadministrative law judgePetition for Reconsiderationremoval standardDWC Medical Unitprocedural defectinadvertent error
References
Case No. ADJ7387935
Regular

MICHAEL SAMARAS vs. DELUXE LABORATORIES, ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed Defendant Deluxe Laboratories' Petition for Removal. The Petition argued the Workers' Compensation Judge (WCJ) erred in setting a trial date, but this argument became moot as the trial was subsequently held on a different date. The WCAB also admonished defense counsel for failing to include their State Bar number and for inaccurately describing the trial's scope. Sanctions were denied, but defense counsel was cautioned to ensure accuracy in future filings.

Petition for RemovalMootDismissalAdmonishmentDefense CounselState Bar NumberLimited IssuesSanctionsWCJ ReportEAMS
References
Case No. ADJ1904323 (GRO 0034275) ADJ3208896 (GRO 0034276) ADJ649343 (GRO 0034277)
Regular
Nov 01, 2010

SARAH SHIPP vs. GOTTSCHALKS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration, rescinding the prior award due to the Workers' Compensation Judge's (WCJ) improper reliance on an Agreed Medical Evaluator's (AME) hernia analogy to rate upper extremity impairment. This analogy violated *Almaraz II* by not adhering to the AMA Guides and potentially incorporating pre-2005 rating schedules. The rater also used an incorrect impairment number and occupational adjustment. The case is remanded for further proceedings and a new decision by the WCJ, ensuring the rating is not based on the flawed hernia analogy.

Workers' Compensation Appeals BoardSarah ShippGottschalksSpecialty Risk ServicesJoint Findings and Awardindustrial injuryright shoulderleft shoulderright elbowthumb
References
Case No. ADJ6712189 ADJ8855907
Regular
Jun 11, 2013

DIANA GILES vs. ORANGE CANYON VILLAGE DRY CLEANERS

The Workers' Compensation Appeals Board granted reconsideration due to irreconcilable findings by the WCJ, specifically finding one cumulative trauma injury in one finding and two in another within the same period. The WCJ also appeared to issue findings for two injuries under a single case number. The Board rescinded the WCJ's decision, returning the case for further proceedings to ensure internal consistency and due process for both parties on the disputed injury issues.

ADJ6712189ADJ8855907cumulative trauma injuryirreconcilable findingspetition for reconsiderationrescinded decisionreturned for further proceedingsinternal consistencydue processAppeals Board
References
Case No. ADJ2748573
Regular
May 11, 2009

THOMAS HERNON vs. COUNTY OF SANTA CLARA

The Appeals Board granted reconsideration, reversing the prior finding on the applicant's occupational group number from 560 to 380 (painter), based on evidence of the applicant's actual job duties. The Board also modified the decision regarding apportionment, accepting the Agreed Medical Evaluator's opinion that 10% of the disability should be apportioned to pre-existing degenerative disease. However, the Board affirmed the application of the 1997 Permanent Disability Rating Schedule, as temporary disability payments were terminated before January 1, 2005, triggering notice requirements. Ultimately, the applicant's permanent disability was reduced to 63% after apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantPublic Service WorkerOccupational Group NumberIndustrial InjuryLow BackNeck
References
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
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