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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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6586398
Regular
Apr 29, 2013

CARMINA MAGALLANES vs. DEPARTMENT OF SOCIAL SERVICESIHSS, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration in the case of Magallanes v. Department of Social Services (IHSS). This grant is based on an initial review indicating a need for further study of the factual and legal issues to ensure a just decision. All future communications regarding this case must now be filed in writing directly with the WCAB Commissioners' office. This order allows for further proceedings and a more thorough examination of the case record.

MagallanesDepartment of Social Services IHSSlegally uninsuredState Compensation Insurance FundADJ6586398Anaheim District OfficeOpinion and Order Granting Reconsiderationstatutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. ADJ233069 (SBR 0337173)
Regular
Oct 11, 2011

RALPH WRIGHT vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by a lien claimant concerning a decision previously issued. The Board found reconsideration necessary to allow further study of the factual and legal issues presented. This action is intended to ensure a complete understanding of the record and to enable the issuance of a just and reasoned decision after reconsideration. All future communications regarding this case must be filed with the Workers' Compensation Appeals Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersDecision After ReconsiderationLien claimantLegally Uninsured
References
Case No. SBR 321988, SBR 321989
Regular
Feb 19, 2008

MARGARET MARTINEZ vs. STATE OF CALIFORNIA, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case involves a petition for reconsideration filed by the defendant, State of California, regarding a prior decision. The Workers' Compensation Appeals Board granted the petition to allow for further study of the factual and legal issues. This action is necessary to ensure a just and reasoned decision after a comprehensive review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitState Compensation Insurance FundLegally UninsuredSBR 321988
References
Case No. ADJ4330842 (VNO 0331594) ADJ1775987 (VNO 0376271) ADJ207082 (VNO 0314241)
Regular
Mar 12, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND

This case involves petitions for reconsideration filed by the defendant and a lien claimant concerning a prior decision. The Workers' Compensation Appeals Board has granted these petitions due to statutory time constraints and a need for further review of the factual and legal issues. The Board requires additional time to thoroughly understand the record and issue a just decision. All future communications regarding this matter should be directed to the Workers' Compensation Appeals Board's Reconsideration unit.

Workers' Compensation Appeals BoardPetitions for ReconsiderationState Compensation Insurance FundDepartment of TransportationLegally UninsuredDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ1555118 (SAC 0336524) ADJ4532833 (SBR 0341290) ADJ457150 (SBR 0341294)
Regular
Jun 07, 2010

CLYTAN GUSMAN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted BY STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration of a prior award finding 82% permanent disability due to industrial injuries to the applicant's psyche and internal systems. The primary reason for rescission was that the expert psychiatric evaluator applied an incorrect legal theory regarding apportionment of psyche disability by failing to consider non-work-related factors that are now apportionable under SB 899. The case is returned to the trial level for further development of the record, specifically concerning apportionment of psyche disability and potential consolidation of injury dates into a single cumulative trauma. The Board also instructed the WCJ to ensure the evidentiary record complies with exhibit listing rules.

Workers' Compensation Appeals BoardCautan GusmanState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundPsyche disabilityHeart disabilityInternal systems disabilityPermanent disabilityApportionment
References
Case No. ADJ1959578
Regular
Oct 20, 2011

PHILIP DANIELS vs. COUNTY OF LOS ANGELES, Legally Uninsured, Administered by TRISTAR RISK MANANGEMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In ADJ1959578, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an August 5, 2011 decision. This decision was made to allow the WCAB further time to thoroughly study the factual and legal issues presented. The Board believes this step is necessary for a complete understanding of the record and to ensure a just and reasoned final decision. All future communications in this matter should be directed to the WCAB's Office of the Commissioners in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionSubsequent Injuries Benefits Trust FundCounty of Los AngelesLegally UninsuredTristar Risk Management
References
Case No. ADJ1415493 (MON 0254625) ADJ2515529 (POM 0136019)
Regular
Jul 22, 2011

MARIA NEVAREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This Workers' Compensation Appeals Board case involves defendant's petitions for reconsideration of two prior decisions. The Board granted these petitions to allow for further study of the factual and legal issues. This action is necessary to fully understand the record and issue a just decision. All further communications in this matter are to be directed to the Office of the Commissioners.

MARIA NEVAREZDEPARTMENT OF INDUSTRIAL RELATIONSlegally uninsuredSTATE COMPENSATION INSURANCE FUNDAdjusting AgencyJoint Findings and AwardAmended Joint Findings and AwardPetition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and Order
References
Case No. ADJ9433946
Regular
Feb 19, 2015

ELLEN REED vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

In *Reed v. State of California, CDCR California Correctional Center*, the applicant, Ellen Reed, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The Board believes reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemRedding District Office
References
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