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Case Law Database

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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8949346, ADJ10021120
Regular
Aug 16, 2016

ANTHONY BERNARD EDWARDS (DEC) vs. CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Anthony Bernard Edwards, deceased, versus the City of Los Angeles and Los Angeles World Airports. This decision allows for further review of the factual and legal issues to ensure a just and reasoned outcome. All future communications regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through the Electronic Adjudication Management System. The order specifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed normally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONCITY OF LOS ANGELESLOS ANGELES WORLD AIRPORTSVAN NUYS DISTRICT OFFICEDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ2189918 (LBO 0387807)
Regular
Apr 20, 2017

RUDEEN PARKS vs. THE PORT OF LOS ANGELES, CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Rudeen Parks' petition for reconsideration, which alleged newly discovered evidence of fraud regarding a prior disability retirement. The Board found the petition lacked specificity and failed to meet the requirements for newly discovered evidence. Furthermore, the Board affirmed the WCJ's finding of 100% permanent disability, the award of lifetime indemnity benefits, and the directive for the defendant to handle attorney's fees and liens, noting issues like taxability are outside their jurisdiction.

Workers' Compensation Appeals BoardRudeen ParksPort of Los AngelesCity of Los AngelesFindings and AwardOpinion and OrderPetition for ReconsiderationAdministrative Law JudgeSecurity OfficerIndustrial Injury
References
Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
Case No. ADJ19483147
Regular
Jun 19, 2025

MICHAEL LEWIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's Amended Findings and Award from April 8, 2024, in the case of Michael Lewis v. City of Los Angeles. The Board previously granted reconsideration due to an incomplete record, specifically missing exhibits and vocational evidence. The defendant, City of Los Angeles, sought reconsideration, asserting errors in the arbitrator's finding of catastrophic injury and permanent total disability. The WCAB emphasized the importance of due process and a complete evidentiary record for meaningful review, citing several legal precedents. The matter is returned to the arbitrator for further proceedings and to supplement the record.

WCABReconsiderationAmended Findings and AwardArbitratorCity of Los AngelesCatastrophic injuryPermanent total disabilityLabor CodeBack injuryPetition for Reconsideration
References
Case No. ADJ2283954 (VNO 0432216), ADJ964608 (VNO 0389951), ADJ2772045 (VNO 0441677), ADJ4352593 (VNO 0497775), ADJ267752 (PAS 0040169), ADJ414407 (PAS 0040492), ADJ1160769 (VNO 0494740), ADJ2170521 (VNO 0465060), ADJ2143182 (VNO 0499960), ADJ2945284 (VNO 0408504)
Regular
Oct 13, 2015

SEAN HANSEN, LISA LAWSON, TIMOTHY GILBERT, CARLOS GONZALEZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and returned multiple lien claims against the City of Los Angeles to the trial level. The WCAB found that the Workers' Compensation Judge (WCJ) erred by applying collateral estoppel based on a prior decision in *Halaby v. City of Los Angeles*. The WCAB clarified that the doctrine of laches is fact-specific and a prior finding of laches does not preclude relitigation of the issue in new cases. Therefore, the defendant must prove the elements of laches independently for each current lien claim.

Workers' Compensation Appeals BoardPermissibly Self-InsuredPetition for ReconsiderationDecision After ReconsiderationLiensLachesCollateral EstoppelWCJHalaby v. City of Los AngelesNegotiated Rates
References
Case No. ADJ198279 (VNO 0510947) ADJ3495790 (VNO 0506075)
Regular
May 04, 2009

MICHAEL BONNER vs. CITY OF LOS ANGELES; permissibly self-insured, administered by TRISTAR RISK MANAGEMENT

This case involves a firefighter, Michael Bonner, seeking workers' compensation benefits. The defendant, City of Los Angeles, sought reconsideration of a prior award granting temporary disability (TD) benefits and a penalty for unreasonable delay. The Appeals Board denied the reconsideration, holding that Labor Code section 4850 salary continuation benefits for firefighters are distinct from temporary disability and do not count against the two-year TD limit under Labor Code section 4656(c)(1). The Board affirmed the penalty, finding the City's attempt to conflate these benefits to limit TD payments unreasonable.

Labor Code section 4850Labor Code section 4656(c)(1)temporary disabilitysalary continuationInjury on Duty (IOD) timefirefighterCity of Los Angelescollective bargaining agreementWCJpetition for reconsideration
References
Case No. ADJ3117891 (MON 0216039)
Regular
Dec 27, 2017

BOBBY GARDNER vs. CITY OF LOS ANGELES

This Workers' Compensation Appeals Board opinion denies a Petition for Removal filed by Bobby Gardner against the City of Los Angeles. The Board found that removal, an extraordinary remedy, is not warranted as the petitioner failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the Board concluded that reconsideration will remain an adequate remedy if a final adverse decision is issued.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.Cal. Code Regs.
References
Case No. ADJ11234735
Regular
Nov 25, 2020

BRANDEN HAMADA vs. CITY OF LOS ANGELES

This case concerns a petition for reconsideration filed by applicant Branden Hamada against the City of Los Angeles. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely because it was filed on September 29, 2020, after the jurisdictional deadline of September 28, 2020. Although September 28th was Yom Kippur, the WCAB offices were open, and Yom Kippur is not a legally recognized holiday that extends filing deadlines. Therefore, the Board lacked jurisdiction to consider the late petition.

Petition for ReconsiderationTimelinessDismissalWCAB Rule 10600JurisdictionalYom KippurLegal HolidayProof of FilingService by MailAdministrative Law Judge
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
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