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

Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
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 However, the Board rescinded the WCJ's combined permanent disability award due to insufficient apportionment of the low back injury's causation between the specific knee injuries.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. 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. ADJ3566472 (SFO 04633189)
Regular
Apr 05, 2010

MAURICE EDWARDS vs. CALIFORNIA PACIFIC MEDICAL CENTER

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the judge erred by combining work restrictions for the left knee and subjective pain for the right knee. The Board found the rating justified, noting the Agreed Medical Examiner stated the applicant was more disabled due to right knee pain. The Board concluded the rater's testimony supported the combined rating without improper addition of disability percentages.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLeft KneeRight KneePsycheApportioned Permanent Partial DisabilityBilateral Knee DisabilityWork Restrictions
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
Case No. ADJ845459 (SRO 0087571) ADJ4607755 (SRO 0087572) ADJ4057511 (SRO 0090061) ADJ2403634 (SRO 0097619)
Regular
Aug 20, 2009

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's findings on industrial injuries to the applicant's left knee, both knees, low back, and left hand, resulting in temporary and permanent disability awards. The Board deferred the issue of attorney's fees due to the applicant's counsel's failure to provide required notice to the applicant, remanding this to the trial level for further proceedings. The applicant's contention that permanent disability should have been found for vertigo, tinnitus, and hearing loss, and that the record should be further developed on these issues, was not addressed in the decision, but the WCJ's report recommending an increase in attorney's fees was incorporated. The employer is admonished to withhold the equivalent of a 15% attorney's fee from the applicant's award pending further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver
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. ADJ14951750 (MF); ADJ15106978
Regular
Jul 07, 2025

JORGE ARMANDO GARAY SANCHEZ vs. BLAKE MCCLURE

Applicant Jorge Armando Garay Sanchez sought reconsideration of a Finding of Fact and Order (F&O) issued by a WCJ, which concluded he failed to prove industrial injuries on two separate dates. The Appeals Board granted the petition, finding that the defendant, Blake McClure, had admitted applicant's employment and failed to rebut the employment presumption. The Board rescinded the original F&O and substituted a new one, affirming that applicant claimed industrial injuries to his left knee, ankle, and foot on July 15, 2021, and to his head and neck on February 3, 2020, further noting the defendant was uninsured. The case has been returned to the WCJ for further proceedings consistent with this decision.

Petition for ReconsiderationFinding of Fact and OrderWorkers' Compensation Appeals BoardWCJIndustrial InjuryLeft KneeLeft AnkleLeft FootHead and NeckUninsured Employer
References
Case No. AHM 112796 AHM 112797
Regular
Jul 07, 2008

CHARLES GARBARINO vs. CON AGRA FOODS

This case involves an applicant seeking reconsideration of a workers' compensation award that apportioned $40\%$ of his left knee disability to a pre-existing arthritic condition. The applicant argued the Agreed Medical Examiner's apportionment was not medically probable and that disability from knee replacement surgery should not be apportioned. The Board denied reconsideration, affirming the award, but one Commissioner dissented, arguing apportionment of disability from surgery is improper under Labor Code section 4663.

Workers' Compensation Appeals BoardCon Agra FoodsCharles GarbarinoPetition for ReconsiderationFindings Award and OrderAgreed Medical Examinerspecific traumacumulative traumaleft knee injurypermanent disability
References
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