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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1479332 (LBO 0371232) ADJ2273080 (LBO 0371234)
Regular
Jul 30, 2009

DINORA GUEVARA vs. BRENTWOOD COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY

In this workers' compensation case, the applicant sought reconsideration of a decision regarding her left wrist injury. While the applicant did not dispute a finding of no industrial injury to her left upper extremity and shoulder, she contested the $5\%$ permanent disability awarded for her wrist injury. The administrative law judge initially agreed there was an error, suggesting a $4\%$ rating was appropriate, but the Appeals Board found that correcting the permanent disability rating involved a judicial function. Therefore, the Board rescinded the original decision and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Upper ExtremityLeft ShoulderLeft WristPermanent DisabilityReconsiderationFindings and AwardAdministrative Law JudgeReport and Recommendation
References
Case No. VNO 0456809
Regular
Oct 02, 2007

JAVAD BASSIRY, vs. AMERICAN RESIDENTIAL SERVICES; ZURICH NORTH AMERICA

This case involves Javad Bassiry's workers' compensation claim for injuries sustained as a plumber tech. The Appeals Board granted reconsideration to amend a finding of fact regarding the specific body parts injured. Ultimately, the Board affirmed the original decision but with the clarified finding of injury to the applicant's left shoulder, neck, left arm, left wrist, and lower abdominal muscle.

Javad BassiryAmerican Residential ServicesZurich North AmericaVNO 0456809ReconsiderationJuly 30 2007Plumber techOccupational Group No. 481March 8 2002Left shoulder
References
Case No. ADJ9176582
Regular
Feb 21, 2020

MARIA MORENO vs. GARROUTTE FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury to her left shoulder, left wrist, left hip, and low back, causing temporary and permanent disability. While the Board denied the defendant's petition regarding the low back injury and temporary disability, it deferred the issue of the permanent disability rating. This deferral includes a potential increase to the whole person impairment for pain, which will be determined at the trial level after further hearing. The Board confirmed an award for additional temporary total disability and further medical treatment.

ADJ9176582Petition for ReconsiderationFindings Award and OrderIndustrial InjuryLeft ShoulderLeft WristLeft HipLow BackTemporary DisabilityPermanent 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. ADJ7220018
Regular
Jul 23, 2012

LORENZO HERNANDEZ vs. TOYOTA OF GLENDALE, UNITED STATES FIRE INSURANCE CO.

The Appeals Board granted the defendant's petition for reconsideration of the initial award. The original award found the applicant sustained industrial injuries to his left knee, low back, wrists, and feet, and awarded temporary disability benefits. The Board rescinded the award and returned the matter to the trial level to clarify the correct insurance carrier and correct a finding regarding the applicant's right, not left, knee injury. Additionally, the defendant must provide further details on temporary disability payments and EDD lien credits.

Petition for ReconsiderationFindings Award and Orderindustrial injurymechanic technicianleft kneelow backright wristleft wristbilateral feetpsyche injury
References
Case No. ADJ3843514
Regular
Sep 15, 2008

Ramona J. Ornelas vs. COUNTY OF SACRAMENTO

Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.

RAMONA J. ORNELASCOUNTY OF SACRAMENTOADJ3843514SAC 0274104OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONLEFT MINOR SHOULDERLEFT MINOR WRISTBILATERAL KNEESPSYCHE
References
Case No. ADJ11756808
Regular
Apr 04, 2023

JASON KOLB vs. TAMPA BAY DEVIL RAYS, TRAVELERS INDEMNITY COMPANY

This case involves a professional athlete claiming cumulative industrial injury to multiple body parts. The Appeals Board granted reconsideration, finding that the initial judge erred by solely awarding benefits for the left shoulder, despite unanimous medical evidence of injury to other areas. The Board adopted the opinions of Dr. Kim, finding industrial injury to the cervical spine, lumbar spine, right shoulder, left elbow, wrists, hands, fingers, hips, and left knee. Consequently, the applicant's permanent disability award was increased from 3% to 41%.

ADJ11756808Petition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryCervical SpineLumbar SpineRight ShoulderLeft ElbowWrists
References
Case No. ADJ1046040 (AHM 0149418)
Regular
Apr 23, 2010

BLANCA REYES vs. CALIFORNIA RICE CENTER, INC., TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Superior Med Surgical's petition for reconsideration because it was filed against a preliminary notice of intent to dismiss, not a final order. The lien claimant failed to properly file their petition and did not seek reconsideration of the subsequent dismissal order. However, the lien claimant may petition the trial judge to set aside the dismissal, and sanctions should be considered due to their failure to appear at the lien trial.

Lien claimantPetition for reconsiderationNotice of Intent to DismissCompromise & ReleaseIndustrial injuryLeft handLeft wristLeft forearmLeft shoulderPsyche
References
Case No. ADJ4167965 (FRE 0231376) ADJ3619518 (FRE 0231377) ADJ1898353 (FRE 0232205)
Regular
Jan 29, 2016

RICHARD ZAGORNIK vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CORCORAN STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding applicant Richard Zagornik's multiple industrial injuries. The Board found the defendant's petition timely filed and affirmed the WCJ's findings of injury and the 1997 disability rating schedule application. However, the Board rescinded the WCJ's combined permanent disability award due to insufficient apportionment of the low back injury's causation between the specific knee injuries. The case was returned to the trial level for further proceedings to develop the record on permanent disability, apportionment, and attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings of FactAwardOrdercorrectional officeradmitted industrial injuryright kneeleft armleft wrist
References
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