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

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 The Board rescinded the original F&O and substituted a new one, affirming that applicant claimed industrial injuries to his left knee, ankle, and foot on July 15, 2021, and to his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. 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. ADJ7253920
Regular
Aug 12, 2011

CHRISTINE RUDALF vs. COUNTY OF SAN BERNARDINO

This case involves the County of San Bernardino seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The original judge found the applicant sustained industrial injuries to her ankle, knee, and foot, and that she required further medical treatment, including a repeat MRI. The defendant argued the agreed medical examiner's (AME) reports were not properly considered substantial evidence and that further record development was unwarranted. The WCAB granted reconsideration and removal, rescinded the original decision, and returned the matter to the trial level. The WCAB concluded the AME's reports constituted substantial evidence, rejecting the prior finding that further medical development was necessary.

Workers' Compensation Appeals BoardReconsiderationRemovalFindings and AwardOffice Assistant IIIIndustrial InjuryLeft AnkleLeft KneeLeft FootTemporary Total Disability
References
Case No. SAC 360745
Regular
Apr 29, 2008

MISAEL CALDERON vs. GROCERY OUTLET, INC., ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Misael Calderon's petition for reconsideration of a decision finding no industrial injury to his left ankle, knee, or back. The Board found the applicant failed to prove the injury occurred as alleged, noting inconsistencies in his account and lack of contemporaneous medical documentation. One Board member dissented, arguing the evidence, including medical reports and the applicant's testimony, supported an industrial injury, and that the WCJ should have allowed further evidence development.

Workers' Compensation Appeals BoardMisael CalderonGrocery OutletInc.Zurich Insurance CompanyGallagher Bassett ServicesInc.petition for reconsiderationindustrial injuryleft ankle
References
Case No. ADJ10572648
Regular
Jul 31, 2017

MONICA RAMIREZ vs. DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORTIVE SERVICES

This case involves a clerical error in a WCJ's Findings and Order which erroneously stated the applicant did not sustain injury to her psyche. The applicant petitioned for reconsideration, arguing this finding was contrary to evidence. The Appeals Board granted reconsideration solely to correct this clerical error, clarifying the applicant did not sustain injury to her left ankle, foot, and skin. The Board affirmed the WCJ's original decision regarding the applicant taking nothing, largely due to giving great weight to the WCJ's credibility determination.

WCABPetition for ReconsiderationFindings and OrderWorkers' Compensation Judgeindustrial injurypsycheclerical errorcredibility determinationGarza v. Workmen's Comp. Appeals Bd.Toccalino v. Workers' Comp. Appeals Bd.
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. ADJ9176582
Regular
Feb 21, 2020

MARIA MORENO vs. GARROUTTE FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury to her left shoulder, left wrist, left hip, and low back, causing temporary and permanent disability. While the Board denied the defendant's petition regarding the low back injury and temporary disability, it deferred the issue of the permanent disability rating. This deferral includes a potential increase to the whole person impairment for pain, which will be determined at the trial level after further hearing. The Board confirmed an award for additional temporary total disability and further medical treatment.

ADJ9176582Petition for ReconsiderationFindings Award and OrderIndustrial InjuryLeft ShoulderLeft WristLeft HipLow BackTemporary DisabilityPermanent Disability
References
Case No. ADJ9678497
Regular
Jul 30, 2018

SHERI MORAN vs. CONEJO VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding applicant Sheri Moran's back, hip, and ankle injuries. The Board found that the original decision failed to adequately address certain issues and ordered the case returned to the trial level for further proceedings. Specifically, the Board identified the need to develop the record concerning additional temporary disability benefits and to fully consider whether the left shoulder injury was industrially caused. Additionally, the Board recommended increasing the permanent disability rating to account for a pain add-on.

AOE/COEPermanent DisabilityTemporary Total DisabilityPetition for ReconsiderationFindings and AwardWCJ ReportPQME ReportApportionmentLeft Ankle InjuryLeft Shoulder Injury
References
Case No. ADJ1046040 (AHM 0149418)
Regular
Apr 23, 2010

BLANCA REYES vs. CALIFORNIA RICE CENTER, INC., TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Superior Med Surgical's petition for reconsideration because it was filed against a preliminary notice of intent to dismiss, not a final order. The lien claimant failed to properly file their petition and did not seek reconsideration of the subsequent dismissal order. However, the lien claimant may petition the trial judge to set aside the dismissal, and sanctions should be considered due to their failure to appear at the lien trial.

Lien claimantPetition for reconsiderationNotice of Intent to DismissCompromise & ReleaseIndustrial injuryLeft handLeft wristLeft forearmLeft shoulderPsyche
References
Case No. MON 0257090 MON 0328334 MON 0328336
Regular
Aug 15, 2008

JAMES TADEVIC vs. WARNER BROS.; ENTERTAINMENT PARTNERS; CONTINENTAL CASUALTY COMPANY c/o CAN CLAIMS PLUS

This case concerns three workers' compensation claims related to an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to address issues of temporary disability and apportionment of permanent disability. The Board found that the Administrative Law Judge improperly determined temporary disability based solely on medical treatment rather than inability to work and that the medical evidence regarding apportionment was incomplete. Therefore, the cases were returned to the trial level for further development of the record and a new decision.

ApportionmentTemporary DisabilityPermanent DisabilityCausationAgreed Medical EvaluatorSB 899OrthopedicPsycheLumbosacral SpineLeft Shoulder
References
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