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

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. 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. ADJ7056401
Regular
Dec 02, 2020

BENITO HUERTA vs. MANPOWER, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding insufficient medical evidence to support an industrial injury to the applicant's left leg. The Board also determined that temporary disability was not a litigated issue at trial and thus deleted any prior findings on that matter. The issue of permanent disability was deferred due to the inadequacy of the medical evaluator's report, which failed to properly explain deviations from the AMA Guides. The case is returned to the trial level for further development of the record and a new decision on the left leg injury and permanent disability, with a new medical evaluator to be selected.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryLow BackRight ShoulderLeft LegTemporary DisabilityPermanent DisabilityAgreed Medical EvaluatorAMA Guides
References
Case No. ADJ8197646
Regular
Feb 19, 2013

GUADALUPE FIERRO vs. BURLINGTON HOMES, BILTMORE PROPERTIES; YORK RISK SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an industrial injury claim. The Board affirmed the finding that the applicant sustained an injury arising out of and in the course of employment, and that the claim was not barred by Labor Code section 3600(a)(10). However, the Board amended the original decision to strike all references to specific injured body parts. This amendment allows for further development of the record to determine which body parts were actually injured in the July 7, 2011 incident.

Workers' Compensation Appeals BoardGuadalupe FierroBurlington HomesBiltmore PropertiesYork Risk ServicesADJ8197646Petition for ReconsiderationFindings of Fact and AwardWCJindustrial injury
References
Case No. ADJ4376851
Regular
Sep 15, 2009

PETRA ORTEGA vs. CAMBRO MANUFACTURING COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration and amends Findings of Fact 3 and 4 to reflect applicant's entitlement to ongoing temporary disability benefits. The WCJ's September 15, 2009 decision is otherwise affirmed.

WCABPETRA ORTEGACAMBRO MANUFACTURING COMPANYSTATE COMPENSATION INSURANCE FUNDADJ4376851LAO 0808601Petition for ReconsiderationFindings and AwardWCJindustrial 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 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
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
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
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