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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ602790 (STK 0179563)
Regular
Jul 17, 2012

TRACEE MAWYER vs. GALLO GLASS COMPANY

This case involves Tracee Mawyer's workers' compensation claim against Gallo Glass Company for cumulative trauma injuries. The Appeals Board granted reconsideration, reversing the trial judge's denial of injury to applicant's bilateral upper extremities, specifically carpal tunnel syndrome. The Board found Dr. Clayman's reports sufficiently supported an industrial injury to the upper extremities and awarded additional temporary disability for the period following carpal tunnel surgery. The case was returned for a new permanent disability rating for the upper extremity injuries.

Cumulative traumabilateral upper extremitiescarpal tunnel release surgerytemporary disabilitypermanent disability ratingreconsiderationDr. Claymanneck injuryshoulder injuryspine injury
References
Case No. ADJ3904838 (LBO 0377238)
Regular
Jun 20, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE, CONSTITUTION STATE SERVICE COMPANY

This case involves cross-petitions for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding an injured truck driver. The WCAB granted the defendant's petition to correct a clerical error, increasing the third-party credit from $179,001.50 to $199,001.50. The Board denied the applicant's petition regarding penalties for failure to provide medical treatment, deferring the issue until the application of the credit is determined. The original decision found the applicant sustained industrial injuries to multiple body parts and systems and awarded penalties against the defendant were not warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryTruck DriverNeck InjuryBack InjuryShoulder InjuryKnee InjuryUpper Extremity Injury
References
Case No. ADJ1797870
Regular
May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the *Hikida* precedent.

Workers' Compensation Appeals BoardGeorge DiazReyes Masonry ContractorsInc.Citation Insurance CompanyGeneral ReinsuranceIntercareSubsequent Injuries Benefits Trust Fund (SIBTF)permanent total disabilityapportionment
References
Case No. ADJ1943752
Regular
Nov 09, 2009

ROSA VERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The WCJ's finding regarding the need for further medical treatment related to applicant's back is not justified by substantial medical evidence. Reconsideration is granted, the prior decision is rescinded, and the matter is returned to the WCJ for a new permanent disability rating.

Workers' Compensation Appeals BoardRosa VeraLos Angeles Unified School DistrictADJ1943752ReconsiderationFindings and AwardPermanent DisabilityMedical TreatmentLabor Code Section 5313Qualified Medical Evaluator
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. ADJ3179043
Regular
Nov 12, 2008

TINA PERRY vs. LYONS OF CALIFORNIA, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tina Perry's petition for reconsideration. The Board upheld the Administrative Law Judge's finding that Perry sustained an industrial injury only to her neck and upper extremities, not her lower body. This decision was based on the independent medical examiner's opinion, which the Board found to be substantial evidence despite applicant's contrary contentions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryWaitressNeck InjuryUpper ExtremitiesLow Back InjuryHips InjuryKnees Injury
References
Case No. SJO 0230368 SJO 0230369
Regular
Jan 14, 2008

John Anzevino vs. SUBSEQUENT INJURIES FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant eligible for Subsequent Injuries Fund (SIBF) benefits. The Board determined that the applicant's credible, unrebutted testimony regarding his pre-existing left upper extremity limitations constituted substantial evidence of an "impairment" affecting that limb. Consequently, the case was returned for further proceedings to establish the extent of SIBF benefits.

Subsequent Injuries FundLabor Code section 4751Petition for ReconsiderationPre-existing disabilityLabor disabling conditionLeft upper extremityUnrebutted testimonyMedical evidenceOpposing memberSignificant impairment
References
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