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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 The Board rescinded the original F&O and substituted a new one, affirming that applicant claimed industrial injuries to his left knee, ankle, and foot on July 15, 2021, and to his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. ADJ13011053
Regular
Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation
References
Case No. ADJ7024577, ADJ7293354
Regular
Dec 11, 2018

Dores Ham vs. State of California, Department of Hospitals - Vacaville

This case concerns the apportionment of permanent disability for a left foot amputation resulting from MRSA infection. The applicant sustained an injury while employed, and the defendant argued that the applicant's pre-existing diabetes should be apportioned as a contributing factor to the permanent disability. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's finding that the Agreed Medical Examiner's apportionment opinions were not substantial evidence. The majority concluded that the physicians' opinions were based on incorrect legal theories regarding apportionment and that the defendant failed to meet its burden of proof.

Workers' Compensation Appeals BoardMRSApartial amputationleft footorthopedic AMEapportionmentpermanent disabilitydiabetesnon-industrialindustrial injury
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
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. ADJ1357359 (ANA 0384919) ADJ2070955 (ANA 0381261) ADJ2274268 (ANA 0381264) ADJ1962006 (ANA 0381265)
Regular
Oct 04, 2011

JOSE RIVERA vs. CENTRAL FREIGHT LINES, ARROWWOOD INDEMNITY COMPANY

This case concerns the proper rating schedule for Jose Rivera's multiple industrial injuries. The Workers' Compensation Appeals Board granted reconsideration, finding that the administrative law judge erred by applying the 1997 rating schedule to all injuries. Specifically, the Board determined that the 2005 rating schedule should apply to the lumbar spine injury, as the medical report cited did not indicate permanent disability. However, a report from November 2004 did indicate permanent disability for the left lower extremity injury, thus allowing the use of the 1997 schedule for that specific injury. The Board rescinded the prior award and remanded the case for further proceedings and a new decision.

Workers' Compensation Appeals BoardJose RiveraCentral Freight LinesArrowwood IndemnityJoint Findings and AwardPermanent DisabilityLumbar SpinePsycheLeft WristLeft Foot
References
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
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
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