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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. RDG 0119917
Regular
Feb 04, 2008

WILLIAM ROBERTS vs. BURGER KING, ZENITH INSURANCE COMPANY

This case affirmed a finding of 100% permanent disability for an industrial injury to an assistant manager's left knee, shoulder, hip, and leg. The Appeals Board ruled that a physician's report indicating the existence of permanent disability before reaching the "permanent and stationary" status qualified for using the older 1997 permanent disability rating schedule. The Board found substantial evidence supported the 100% rating, deferring to the WCJ's credibility assessment.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleReconsiderationIndustrial InjuryAssistant ManagerLeft KneeLeft ShoulderLeft HipLeft LegPermanent Disability
References
Case No. ADJ1950726 (MON 0361748), ADJ6963803, ADJ7198723
Regular
Mar 20, 2012

DANA BURREL vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In three workers' compensation cases, the applicant sustained industrial injuries to her upper extremities on May 21, 2006, March 11, 2008, and July 28, 2008. The Appeals Board granted reconsideration to review the application of Labor Code section 4658(d)(2), which mandates a 15% increase in permanent disability payments when an employer fails to offer suitable work within 60 days of an injury becoming permanent and stationary. The employer stipulated to providing some medical treatment and returning the applicant to work, but failed to offer regular, modified, or alternative work for 12 months post-injury. The Board found the employer's contention of denial unsubstantiated by evidence and, following *Bontempo v. Workers' Comp. Appeals Bd.*, ruled that the 15% increase applies to all three cases.

Labor Code section 4658(d)(2)permanent disability increaseindustrial injuryright upper extremityright handright wristright shoulderright armleft wristleft hand
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
Case No. MON 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
References
Case No. ADJ8197646
Regular
Feb 19, 2013

GUADALUPE FIERRO vs. BURLINGTON HOMES, BILTMORE PROPERTIES; YORK RISK SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an industrial injury claim. The Board affirmed the finding that the applicant sustained an injury arising out of and in the course of employment, and that the claim was not barred by Labor Code section 3600(a)(10). However, the Board amended the original decision to strike all references to specific injured body parts. This amendment allows for further development of the record to determine which body parts were actually injured in the July 7, 2011 incident.

Workers' Compensation Appeals BoardGuadalupe FierroBurlington HomesBiltmore PropertiesYork Risk ServicesADJ8197646Petition for ReconsiderationFindings of Fact and AwardWCJindustrial injury
References
Case No. ADJ6710475
Regular
Feb 22, 2011

GABRIEL HERRERA GONZALEZ vs. SELECT BUILD, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board decision regarding industrial injury payments. The original award included temporary disability, permanent disability, and a penalty for late payment. The defendant argued the WCJ erred in calculating penalties and failed to account for prior payments. The Appeals Board granted reconsideration, finding a computational error in the penalty calculation. The Board affirmed the original award but amended it to correct the penalty and attorney fee calculations based on the adjusted unpaid sums.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderIndustrial InjuryLeft HandPsycheLeft ArmLeft WristLeft Small FingerLaborer Pipe Cutter
References
Case No. ADJ9082632 ADJ9081645
Regular
Nov 09, 2020

ILMA OSORIO vs. EQUINOX INSURANCE COMPANY, INSURANCE COMPANY OF PENNSYLVANIA, NATIONWIDE AGRIBUSINESS INSURANCE/NATIONAL CASUALTY COMPANY

This case involved applicant Ilma Osorio's cumulative injury claim for left knee and left wrist injuries sustained as a laundry worker. The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (ALJ) decision finding Nationwide Agribusiness Insurance solely liable for medical treatment. This was based on Nationwide being the sole carrier during the final year preceding applicant's disability, as defined by Labor Code section 5412, which requires wage loss. The WCAB also upheld the exclusion of Nationwide's proffered medical evidence, deeming it not newly discovered and not contradicting existing findings.

Workers' Compensation Appeals BoardNationwide Agribusiness InsuranceInsurance Company of Pennsylvaniacumulative injurylaundry workerleft kneeleft wristorthopedic injuryagreed medical evaluatorpetition for joinder
References
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