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

Case No. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. ADJ7572145
Regular
Aug 09, 2012

ALBERTO CARMONA vs. MEDINA CONCRETE CONSTRUCTION, DELOS INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT LIMITED

The Workers' Compensation Appeals Board denied reconsideration of a decision that found no industrial injury occurred. The applicant, Alberto Carmona, alleged he fractured his arm in a trench but provided inconsistent accounts of the incident. The Workers' Compensation Judge found the applicant not credible based on contradictory testimony, including evidence that the injury may have occurred from a fall off a ladder inside a house. The Board adopted the Judge's report and reasoning, giving great weight to the credibility findings.

Workers' Compensation Appeals BoardReconsiderationWCJCredibilityIndustrial InjuryFractured HumerusConstruction SiteTrenchLadderMedical Reports
References
Case No. ADJ6561833
Regular
Aug 19, 2011

Stephen Resetar vs. CONSTRUCTORA AMORA, STATE COMPENSATION INSURANCE FUND

This case involves a worker, Stephen Resetar, who sustained a physical injury to his spine after falling from a ladder. Resetar also claimed a psychological injury, but had been employed for less than six months. Labor Code § 3208.3(d) generally bars compensation for psychiatric injuries in such cases unless caused by a "sudden and extraordinary employment condition." The Appeals Board found that Resetar's fall, caused by dizziness and falling from a ladder, did not qualify as a sudden and extraordinary event. Therefore, Resetar's claim for psychiatric injury is barred, and reconsideration is granted to reflect this decision.

Labor Code § 3208.3(d)psyche injurysudden and extraordinary employment conditionsix-month employment rulereconsiderrescindcompensable injuryfall from ladderdizzinessdehydration
References
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
Case No. ADJ3021055
Regular
May 12, 2010

MIGUEL RUIZ vs. PAT LOFTIS FARMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Miguel Ruiz's petition for reconsideration. The Board adopted the administrative law judge's report, which found Ruiz's testimony not credible. The judge based this finding on conflicting evidence regarding the water truck/trailer involved in the alleged injury and other inconsistencies in Ruiz's statements. The denial upholds the original order that Ruiz take nothing from his claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgecredibilityGarza v. Workers' Comp. Appeals Bd.Findings and Orderpro perinjurylow back injuryfall
References
Case No. ADJ203059
Regular
Oct 05, 2012

KIRK CARDENAS vs. WARNER BROS. STUDIO FACILITIES, INC.

The Workers' Compensation Appeals Board denied Warner Bros.' Petition for Reconsideration. The employer sought to overturn a finding that the applicant, Kirk Cardenas, injured his neck in a fall. The Board adopted the Administrative Law Judge's (ALJ) report, which found the Agreed Medical Examiner's (AME) opinion on the neck injury to be substantial medical evidence. The ALJ reasoned that the AME's opinion, despite some gaps in medical records, was based on a reasonable medical probability and that Warner Bros. had not provided sufficient reason to reject it.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Examinersubstantial medical evidenceneck injuryFall from ladderJourneyman sign painterLawrence Feiwell M.D.upper trapezius atrophyrhomboid region
References
Case No. ADJ7934881
Regular
Apr 02, 2012

ERNIE PACHECO vs. LAURIE RECHTEGER OSBORN, FARMERS INSURANCE

This case concerns Ernie Pacheco, a handyman who sustained an injury on September 8, 2008, while working. The defendant, Laurie Rechteger Osborn and Farmers Insurance, petitioned for reconsideration of the original findings and award, arguing Pacheco did not meet the 52-hour threshold for coverage in the 90 days prior to his injury. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and recommendations. The WCJ found the defendant mischaracterized the applicant's testimony regarding hours worked, concluding that Pacheco did, in fact, exceed 52 hours when including all tasks. The Board gave great weight to the WCJ's credibility determination.

Petition for ReconsiderationDeniedWCJ ReportGarza v. Workmen's Comp. Appeals Bd.HandymanSlip and FallUpper ExtremitiesHeart/StrokeExclusion from Coverage52-Hour Rule
References
Case No. ADJ10679914
Regular
Mar 05, 2018

Juan Torres vs. Ganalix Plumbing Repair, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and reversed the administrative law judge's decision, finding that applicant Juan Torres sustained a back injury arising out of and occurring during the course of employment with Ganalix Plumbing Repair. The Board disagreed with the judge's finding of no injury based solely on applicant's credibility, noting that three defense witnesses corroborated an event occurred, and medical records documented back pain shortly after the fall. The Board also acknowledged applicant's delay in reporting and the employer's lack of workers' compensation insurance, but ultimately found sufficient evidence for a compensable back injury.

WORKERS' COMPENSATION APPEALS BOARDJuan TorresGANALIX PLUMBING REPAIRUNINSURED EMPLOYERS BENEFIT TRUST FUNDFindings and OrderPetition for Reconsiderationadministrative law judgeWCJinjury arising out of and occurring during the course of employmentLabor Code section 5402(b)
References
Case No. ADJ8438551
Regular
Aug 30, 2013

Leandro Provencio vs. Palmer Tank and Construction, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found the applicant failed to prove his left knee injury arose out of and in the course of employment. This decision was based on the applicant's inconsistent reporting of the date and mechanism of injury, and a lack of substantial medical evidence linking the alleged incident to a subsequent disability or need for treatment. Ultimately, the applicant was denied workers' compensation benefits.

Workers Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryTank ConstructorDate of InjuryLadder FallTemporary DisabilityReconsiderationFindings Orders AwardSubstantial Evidence
References
Case No. ADJ839435
Regular
Jun 21, 2010

HILARIO TORRES vs. WERNER HOLDING COMPANY, INC., EMPLOYERS SELF INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to rescind an approved Compromise and Release (C&R) agreement. The defendant argued the C&R failed to address Medicare interests, a federal requirement. The WCAB agreed that this oversight could jeopardize the applicant's future Medicare benefits. Therefore, the WCAB rescinded the order and returned the case for further proceedings to allow parties to address Medicare obligations.

Compromise and ReleaseMedicare Secondary PayerPetition for ReconsiderationOrder Approving Compromise and ReleaseRescind OrderSerious and Willful MisconductWorkers' Compensation Appeals BoardIndustrial InjuryLadder FabricatorIndustrial Accident
References
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