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

Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ2275744
Regular
Mar 28, 2011

LARRY COLE vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

In *Cole v. Los Angeles County Metropolitan Transportation Authority*, the Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a favorable award for the applicant. The Board affirmed the finding of industrial injury to the applicant's low back and psyche, resulting in a 78% permanent disability rating. The defendant's objections regarding the admissibility of psychiatric reports and apportionment of disability were rejected, with the Board finding the defendant waived the admissibility issue by failing to object at trial. The Board also held the defendant failed to meet its burden of proof for apportionment regarding both psyche and low back disability.

ADJ2275744MON 0298527Larry ColeLos Angeles County Metropolitan Transportation AuthorityTravelers Insurance CompanyreconsiderationFindings of Fact & Awardindustrial injurylow back injurypsyche injury
References
2
Case No. ADJ7261546
Regular

MARICELA CASTANEDA vs. HUGHSON NUT COMPANY, MAJESTIC INSURANCE COMPANY, TECHNOLOGY COMPANY

This case concerns applicant Maricela Castaneda's petition for reconsideration of a Workers' Compensation Appeals Board decision. The applicant sought benefits for injuries to her left wrist, low back, abdomen, and psyche, but the trial judge limited the compensable injuries to the left wrist and low back. The petition argued that the medical evidence regarding permanent disability and psychological causation was insufficient. The Board denied reconsideration, adopting the WCJ's report, which found the applicant's challenges to the medical evidence lacked merit and highlighted issues with the applicant's credibility. The Board also admonished applicant's counsel for a procedural filing error.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical ExaminerPQMEorthopedicpsychologicalcausationsubstantial medical evidencepermanent disabilityapportionment
References
2
Case No. ADJ3637086 (POM 0212645) ADJ2449975 (POM 0236601)
Regular
Jun 04, 2013

NICK GASCA vs. COUNTY OF SAN BERNARDINO

In two consolidated workers' compensation cases, the Board affirmed the original award for a 1994 industrial injury to applicant's back, extremities, and psyche, totaling 33% permanent disability. The Board also affirmed the original award for a 1998 industrial injury to the applicant's low back and psyche, also resulting in 33% permanent disability. However, the Board amended the 1998 award to defer the issue of attorneys' fees and returned the matter for further development of the record regarding fee entitlement. The Board found the trial judge's reliance on Dr. Green's reports regarding non-industrial internal conditions to be persuasive, rejecting the applicant's argument for an independent medical examiner.

ADJ3637086ADJ2449975Nick GascaCounty of San BernardinoReconsiderationFindings and AwardPermanent DisabilityTemporary DisabilityIndustrial InjuryLow Back Injury
References
0
Case No. SAC 0342537, SAC 0365636
Regular
Aug 04, 2008

JUDY HAMILTON vs. PLACER COUNTY WATER AGENCY, DISCOVER PROPERTY & CASUALTY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, finding the WCJ inadvertently omitted a finding of industrial injury to the applicant's low back within the cumulative trauma. While upholding the denial of a specific low back injury claim, the Board corrected the cumulative trauma finding to include the low back. Furthermore, the Board removed the 50% apportionment of permanent disability for the low back due to insufficient medical evidence, ultimately increasing the applicant's permanent disability award.

Cumulative TraumaApportionmentCausationPermanent DisabilityLabor Code Section 4663Dr. YashrutiDr. GlanczWCJPetition for ReconsiderationFindings and Award
References
4
Case No. MISSING
Regular Panel Decision

Claim of Mandziara v. Lowe's Home Centers

In 1995, the claimant suffered a back injury in Pennsylvania, leading to a workers' compensation claim. After multiple surgeries, symptoms were resolved by June 2001. In May 2003, while working for Lowe's Home Centers in Broome County, the claimant re-injured their back, initiating a new claim. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board ruled that apportionment did not apply to the workers' compensation award. The appellate court affirmed this decision, holding that apportionment is a factual issue and the Board's determination was supported by substantial evidence. The court highlighted the claimant's asymptomatic period of over 14 months prior to the 2003 injury.

Workers' CompensationApportionmentBack InjuryPrior InjurySubstantial EvidenceAsymptomatic PeriodMedical OpinionCausal RelationshipAppeal
References
6
Case No. ADJ8883423; ADJ11327965
Regular
Feb 21, 2023

MICKEY THORNTON vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION, ALASKA NATIONAL INSURANCE COMPANY, LASSEN MUNICIPAL UTILITY DISTRICT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the finding of "new and further disability" to the applicant's low back stemming from a 2013 cervical spine injury. The Board found the current medical evidence insufficient to establish a causal link between the 2013 injury and the low back condition. Therefore, the issue of new and further low back disability is deferred for further development of the record with substantial medical evidence. The Board stressed its duty to ensure substantial justice by not leaving undeveloped matters.

New and further disabilityReconsiderationStipulated awardAgreed medical evaluatorSubstantial evidenceMedical opinionRecord developmentCervical spineLow back injuryApportionment
References
5
Case No. ADJ7547124
Regular
Mar 27, 2017

JORGE VENCES vs. BORBON INC, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying a low back injury claim. The Board found that the Agreed Medical Examiner's deposition testimony, acknowledging a probable contribution of continuous work to the applicant's low back condition, constituted substantial evidence of injury arising out of and occurring in the course of employment. Consequently, the prior findings were rescinded, and a new finding establishing injury AOE/COE to the applicant's low back was substituted. All other issues were deferred.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeCumulative Trauma InjuryAgreed Medical ExaminerSubstantial EvidenceAOE/COEInjury to Low BackAggravation of Preexisting Condition
References
10
Case No. ADJ2605239 (SRO 0121706)
Regular
Aug 26, 2010

LINDA PALMER vs. KAISER PERMANENTE, P.S.I., ATHENS ADMINISTRATORS

This case concerns an EKG technician who claimed industrial injury to her low back and psyche. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to reverse a prior finding of compensable psychiatric injury. The Board found that difficulties adjusting to early retirement, though a consequence of the industrial back injury, did not constitute "actual events of employment" as required by Labor Code section 3208.3(b)(1). Consequently, the applicant's permanent disability rating was reduced, and attorney fees were adjusted accordingly.

Workers' Compensation Appeals BoardIndustrial InjuryPsychiatric InjuryLabor Code Section 3208.3Predominant CauseEvents of EmploymentCompensable ConsequenceReconsiderationFindings and AwardPermanent Disability
References
9
Case No. ADJ7393061
Regular
Mar 02, 2012

JUAN PAZ vs. CONCORDE BATTERY CORPORATION, ALASKA NATIONAL

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no injury arising out of and occurring in the course of employment for Juan Paz. Paz claimed injury to his low back and psyche, but the judge found his testimony not credible and noted he did not report pain or seek medical treatment for his back during employment. Medical records indicated a spinal condition, but not necessarily an industrial injury, and the applicant's medical opinions were found conclusory and unsupported by the facts. The Board adopted the judge's report, emphasizing the great weight given to credibility findings.

Workers' Compensation Appeals BoardJuan PazConcorde Battery CorporationAlaska NationalPetition for Reconsiderationdenialcredibility findingGarza v. Workmen's Comp. Appeals Bd.injury AOE/COElow back
References
6
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