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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3849140 (RDG 0119253)
Regular
Apr 04, 2011

THEMAS TRESLER vs. MOUNTAIN SATELLITE, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over workers' compensation jurisdiction regarding a left shoulder injury. The defendant, SCIF, sought reconsideration of a WCJ's award of treatment for the shoulder, arguing lack of jurisdiction. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. This decision acknowledges that the left shoulder claim may not have been definitively resolved by prior stipulations and requires the WCJ to determine if Labor Code section 5815 applies, potentially leading to a full hearing on the shoulder injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryLeft Shoulder InjuryStipulation with Request for AwardDeclaration of Readiness to ProceedContinuing JurisdictionLabor Code Section 5909
References
Case No. ADJ12248957
Regular
Oct 06, 2025

QUINTON THORN vs. FORBIX CAPITAL CORP.; EMPLOYERS COMPENSATION INSURANCE FUND; THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's finding that applicant Quinton Thorn's psychiatric claim was barred by a post-termination defense. The Board determined the WCJ incorrectly applied Labor Code Section 3600(a)(10) instead of Section 3208.3(e) for psychiatric injuries. Applicant alleged psychiatric injury from sexual harassment and discrimination based on gender identity during his employment with Forbix Capital Corp. The Board rescinded the WCJ's findings and remanded the case to the trial level, directing the WCJ to properly analyze the post-termination defense, the date of injury, and consider the good faith personnel action defense if raised.

Workers' Compensation Appeals BoardReconsiderationFindings of FactLabor Code Section 3600(a)(10)Labor Code Section 3208.2(c)Labor Code Section 3208.3(c)Labor Code Section 3208.3(e)Psychiatric InjuryPost-Termination DefenseGender Identity Discrimination
References
Case No. ADJ5738297
Regular
Apr 13, 2011

Douglas Riedo vs. REGENTS OF UNIVERSITY OF CALIFORNIA, UCSB & SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal and rescinded an order compelling attendance at a medical evaluation. The WCAB found that the employer failed to comply with Administrative Director Rule 32(d) regarding the selection of a consulting physician and rejected the employer's reliance on Labor Code section 4064(d). The Board clarified that parties cannot obtain multiple evaluations on the same issue until they receive a favorable opinion, a practice known as "doctor shopping."

Petition for RemovalRescind OrderLabor Code section 4050Labor Code section 4060Labor Code section 4062Labor Code section 4062.2compensable consequence injuriesorthopedic qualified medical evaluator (QME)Administrative Director Rule 32(d)Labor Code section 4064(d)
References
Case No. ADJ10029050
Regular
Mar 11, 2016

MARIBEL SANCHEZ vs. GRAPEVINE CATERING, SECURITY NATIONAL INSURANCE COMPANY

The Board dismissed the Defendant's Petition for Reconsideration because it was not taken from a final order, as only final orders are subject to reconsideration under Labor Code section 5900(a). The WCJ's order concerning the invalidity of a QME panel and the issuance of a new one was deemed an interlocutory discovery matter, not a final decision. Even if considered a petition for removal, the Board would have denied it on the merits because the Medical Unit misinterpreted QME Regulation 30(d)(1) by limiting QME panel requests to defendants, which conflicts with Labor Code sections 4060 and 4062.2. The Board expressed no opinion on the appropriateness of the pain management specialty, noting the Defendant could dispute it separately.

QME panelMedical Unitpain managementorthopedicsPetition for Reconsiderationfinal orderLabor Code section 5900Maranian v. Workers' Comp. Appeals Bd.removalLabor Code section 5310
References
Case No. ADJ10021120 ADJ8949346
Regular
Apr 14, 2017

ANTHONY BERNARD EDWARDS (Dec'd), CANDACE EDWARDS (Widow), ASHLEY EDWARDS (Daughter), ANTHONY EDWARDS, JR. (Son) vs. CITY OF LOS ANGELES; LOS ANGELES WORLD AIRPORTS, Permissibly Self-Insured

This case involves a workers' compensation death benefit claim for Anthony Bernard Edwards, who died in the course of his employment. The dependents seek death benefits and burial expenses, which were initially awarded by the WCJ. The employer, City of Los Angeles, sought reconsideration, arguing it should receive credit for a third-party settlement the dependents obtained from Kaiser Permanente. The Board agreed to reconsider the issue of credit, specifically whether Civil Code section 3333.1 bars such credit. The Board ultimately deferred the credit issue, affirming the death benefit award and returning the matter for further proceedings to determine the applicability of Civil Code section 3333.1 and potential employer negligence.

Workers' Compensation Appeals BoardADJ10021120ADJ8949346death benefitsLabor Code section 4702burial expensesCivil Code section 3333.1Medical Injury Compensation Reform ActMICRAthird-party settlement
References
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
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