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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ7326084, ADJ7326039
Regular
May 10, 2013

THERESA GONZALES vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior order that assigned the applicant an Occupational Group Number (OGN) of 251. The applicant, a Senior Special Investigator handling child abuse cases, argued her duties warranted a higher OGN due to integral law enforcement training and the potential for dangerous situations. The Board agreed that while not a sworn police officer (OGN 490), her quasi-law enforcement duties and required training placed her more appropriately in Group 390 (Security Officer), rescinding the prior finding and returning the case for further proceedings.

Occupational Group NumberSenior Special InvestigatorLaw enforcement trainingIntegral part of occupationSecurity OfficerPolice OfficerSworn officersPermanent Disabilities Rating ScheduleReconsiderationJoint Findings and Order
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ7192006
Regular
Apr 01, 2014

GENE GOODREAU vs. LAW OFFICES OF MARC ELLIOTT GROSSMAN, THE HARTFORD

This case concerns a Petition for Reconsideration filed by the defendant, Law Offices of Marc Elliott Grossman and The Hartford, regarding a prior Findings and Award. The Workers' Compensation Appeals Board (WCAB) granted the petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a comprehensive understanding of the record and facilitate a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office in San Francisco, not with any district office or via e-filing.

Petition for ReconsiderationFindings and AwardStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemWCABLos Angeles District Office
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
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