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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1555118 (SAC 0336524) ADJ4532833 (SBR 0341290) ADJ457150 (SBR 0341294)
Regular
Jun 07, 2010

CLYTAN GUSMAN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted BY STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration of a prior award finding 82% permanent disability due to industrial injuries to the applicant's psyche and internal systems. The primary reason for rescission was that the expert psychiatric evaluator applied an incorrect legal theory regarding apportionment of psyche disability by failing to consider non-work-related factors that are now apportionable under SB 899. The case is returned to the trial level for further development of the record, specifically concerning apportionment of psyche disability and potential consolidation of injury dates into a single cumulative trauma. The Board also instructed the WCJ to ensure the evidentiary record complies with exhibit listing rules.

Workers' Compensation Appeals BoardCautan GusmanState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundPsyche disabilityHeart disabilityInternal systems disabilityPermanent disabilityApportionment
References
Case No. ADJ1997686 (MON 0358806)
Regular
May 24, 2011

JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC., ACE AMERICAN INSURANCE COMPANY

The Appeals Board reversed the WCJ's award of 16% permanent disability for a neck injury. Dr. Brickman's report, which supported the award, was deemed unsubstantial as it relied on an incorrect medical history and erroneous legal theory regarding the cause of the applicant's sleep disturbance. The Board found that the applicant's sleep issues stemmed from a non-compensable psychological condition, not neck pain. Consequently, the Board adopted the opinion of PQME Dr. Portnoff, who concluded the applicant sustained a cervical strain with no resulting permanent disability.

Workers' Compensation Appeals BoardEAMS processing delayFindings and Awardindustrial injuryneck injuryassemblertemporary disabilitypermanent disabilityself-procured careAMA Guides
References
Case No. ADJ10658104
Regular
Sep 12, 2018

STEPHEN HOM vs. CITY AND COUNTY OF SAN FRANCISCO

This case involved a police officer claiming industrial injury to his lumbar spine. The defendant City and County of San Francisco sought to reduce the applicant's permanent disability award by apportioning a prior $20\%$ award for a previous lumbar injury. The Workers' Compensation Appeals Board affirmed the original award, finding the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Specifically, the defendant did not demonstrate an overlap between the current and prior disabilities because they were rated using different methods, and the medical evaluator relied on an incorrect legal theory for apportionment.

Workers' Compensation Appeals BoardPetition for Reconsiderationindustrial injurylumbar spinepermanent disabilityapportionmentLabor Code section 4664(b)prior awardoverlapAMA Guides
References
Case No. ADJ144976 (MON 0262584)
Regular
Dec 01, 2014

RAJAN ROY vs. SIEMENS BUILDING TECH-LANIS, ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a prior award finding the applicant sustained industrial injury to his back and psyche, but not to his heart and internal system. The applicant argued the medical opinions regarding the lack of internal injury and the apportionment of permanent disability were not substantial evidence. The Board found the medical opinions, particularly from Dr. Arora regarding internal injuries, were well-reasoned and supported by the record. The Board also upheld the apportionment of permanent disability by Drs. Sohn and Miles, finding it based on correct legal theory and substantial evidence, considering prior documented injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact & AwardIndustrial InjuryPermanent DisabilityApportionmentQualified Medical EvaluatorAgreed Medical EvaluatorSubstantial EvidenceLabor Code Sections 4663 and 4664
References
Case No. ADJ2618279
Regular
Feb 11, 2011

Jon Vinson vs. CITY OF GLENDALE

This case involves Jon Vinson, a former firefighter for the City of Glendale, seeking reconsideration of a previous Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously reversed an administrative law judge's finding, ruling that Vinson did not sustain an industrial cumulative trauma injury to his pulmonary system or heart. This decision was based on a lack of substantial medical evidence proving heart trouble within the 60-month window required for the Labor Code Section 3212 heart trouble presumption. Vinson argues the prior decision relied on an incorrect legal theory, thus denying him due process. The WCAB denied Vinson's petition, re-affirming their conclusion that he failed to meet his burden of proof for an industrial injury.

WCABVinsonCity of GlendaleReconsideration DeniedLabor Code 3212Heart Trouble PresumptionPulmonary System InjuryCumulative TraumaFirefighter InjuryMedical Evidence
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
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