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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ4405089 (MON 0358509) ADJ1180018 (MON 0358507) ADJ2565398 (MON 0358508)
Regular
Oct 11, 2013

JUAN ZEPEDA vs. PACIFIC GOURMET PRODUCE, ILLINOIS MIDWEST INSURANCE AGENCY for PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY

The WCAB initially considered imposing sanctions on the defendant for a frivolous Petition for Removal lacking legal citation. However, after the defendant delivered a previously disputed $20,000 check to the applicant, the Board reconsidered. Defense counsel apologized for the inadequate petition, claiming good faith belief in their legal position. Ultimately, the Board decided not to impose sanctions but warned that future frivolous filings without legal support may result in penalties.

WORKERS' COMPENSATION APPEALS BOARDRemoval PetitionFrivolousBad FaithSanctionsPetition for RemovalDefense CounselResponseGood FaithLegal Authority
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
Case No. ADJ3162900 (LAO 0866179)
Regular
Aug 23, 2012

ROBERTO GOMEZ vs. GREIF BROTHERS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a lien claimant's request for reconsideration of a disallowed lien due to alleged due process violations regarding witness testimony. The Appeals Board initially ordered responses from attorney Hannan and hearing representative Surujnarain regarding these allegations. While Hannan received an extension, Surujnarain's late joinder to the extension request, citing a need for legal counsel due to his non-attorney status, was ultimately granted. Surujnarain now has until September 7, 2012, to file his verified response, with no further extensions to be granted absent a compelling showing of good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & OrderLien ClaimantDue ProcessWitness TestimonySanctionsPetition for Extension of TimeVerified ResponsePenalty of Perjury
References
Case No. ADJ6586398
Regular
Apr 29, 2013

CARMINA MAGALLANES vs. DEPARTMENT OF SOCIAL SERVICESIHSS, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration in the case of Magallanes v. Department of Social Services (IHSS). This grant is based on an initial review indicating a need for further study of the factual and legal issues to ensure a just decision. All future communications regarding this case must now be filed in writing directly with the WCAB Commissioners' office. This order allows for further proceedings and a more thorough examination of the case record.

MagallanesDepartment of Social Services IHSSlegally uninsuredState Compensation Insurance FundADJ6586398Anaheim District OfficeOpinion and Order Granting Reconsiderationstatutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. SBR 321988, SBR 321989
Regular
Feb 19, 2008

MARGARET MARTINEZ vs. STATE OF CALIFORNIA, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case involves a petition for reconsideration filed by the defendant, State of California, regarding a prior decision. The Workers' Compensation Appeals Board granted the petition to allow for further study of the factual and legal issues. This action is necessary to ensure a just and reasoned decision after a comprehensive review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitState Compensation Insurance FundLegally UninsuredSBR 321988
References
Case No. ADJ2936583 (VNO 0386402) ADJ1823404 (VNO 0386401)
Regular
Feb 26, 2009

KEITH SCHKODA vs. STATE OF CALIFORNIA/DEPARTMENT OF INSURANCE; STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Legally Uninsured

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's prior decision, and returned the case for further proceedings. The Board adopted the WCJ's report, which recommended reconsideration of issues including the combination of injuries, separate findings of fact and law, apportionment, and attorney fees for prior counsel. The matter is remanded for the WCJ to reconsider the medical and testimonial record.

Workers' Compensation Appeals BoardReconsiderationRescinded decisionRemandedPrior counsel feesSpecific orthopedic injuryCumulative traumaApportionmentSection 4664Stipulation for Request for Award
References
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