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

Case No. ADJ10679103
Regular
Dec 14, 2017

LARRY SYKES vs. THE ANSCHUTZ CORPORATION, STARR INDEMNITY & LIABILITY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior finding of industrial injury to the applicant's lumbar spine. The Board found that the existing medical reporting from Dr. Hong, Dr. Jamasbi, and the PQME Dr. Schofferman did not constitute substantial evidence to support this lumbar spine injury finding. Therefore, the case is returned to the trial level to develop the record further on the lumbar spine injury issue.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCervical SpineThoracic SpineLumbar SpineStagehandSecurity OfficerMedical Treatment RecordsSubstantial Evidence
References
Case No. ADJ790852
Regular
Apr 05, 2016

LAURA BREITIGAN vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the award to include attorney fees on accrued unpaid permanent disability benefits and correcting clerical errors. The Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability and injury to the lumbar spine. The defendant was also admonished for filing a document exceeding the page limit without prior permission. The applicant, a nurse, sustained industrial injuries to her thoracic spine, lumbar spine, and psyche.

Workers' Compensation Appeals BoardLaura BreitiganCounty of RiversideFindings and Awardindustrial injurythoracic spinelumbar spinepsychepermanent disabilityapportionment
References
Case No. ADJ10954606
Regular
Mar 09, 2020

DORIT DAVIDOFF vs. UCLA MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify findings of fact regarding industrial injury AOE/COE. The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of permanent disability benefits was properly supported. The Board clarified that stipulations agreed upon by the parties should be treated as findings of fact to meet statutory requirements. The decision confirms permanent disability for the left ankle, thoracic spine, and lumbar spine, denies claims for neck and knee injuries, and orders further medical treatment and attorney fees.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineThoracic SpineLeft AnkleAOE/COEStipulationJurisdictional FactsFindings of Fact
References
Case No. ADJ8861708
Regular
Jan 17, 2014

JACQUELINE MURCH vs. THE RULE COMPANY, INC.; HARTFORD UNDERWRITERS INSURANCE COMPANY

Here's a summary of the case for a lawyer in four sentences: The applicant sought reconsideration of a WCJ's decision that industrial injury was limited to her lumbar spine, arguing the trial should not have adjudicated the extent of injury to other claimed body parts. The Appeals Board granted reconsideration, affirming the lumbar spine injury but rescinding the denial of injury to other parts, deferring that issue for future consideration due to due process concerns. The Board found that issues beyond the stated trial issues of AOE/COE and temporary disability were improperly adjudicated without notice. The claim's denial by the employer was found not to be improper, and that finding was affirmed.

AOE/COEPetition for ReconsiderationFindings and OrdersIndustrial InjuryLumbar SpineThoracic SpineHipsHeadachesNeurological DisorderSleep Disorder
References
Case No. ADJ3649169
Regular
Feb 14, 2013

BRUCE LIBERTY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured

This case concerns an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order denying his claim for lumbar spine injury. The applicant alleged a lumbar injury from a physical therapy incident following a compensable cervical and shoulder injury. The WCAB denied reconsideration, adopting the WCJ's report which relied on the Agreed Medical Examiner's (AME) opinion. The AME found no industrial injury to the lumbar spine, citing a lack of contemporaneous evidence and a history of degenerative disc disease. The WCAB determined the applicant's presented "new" evidence was either previously reviewed or unpersuasive, upholding the original award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedBruce LibertyLos Angeles Unified School DistrictPermissibly Self-InsuredCase Number ADJ3649169Workers' Compensation Administrative Law JudgeAgreed Medical ExaminerLumbar Spine Injury
References
Case No. ADJ7969168; ADJ9330687
Regular
Mar 23, 2016

Mario Alcantar vs. Alfredo Melchor, Zenith Insurance Company

This case involves applicant Mario Alcantar's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded a joint finding and substituted a new one finding applicant sustained a lumbar spine injury but not a cervical spine injury during specified employment periods. Alcantar sought reconsideration to include a cervical spine injury during a different, unspecified period. The WCAB denied the petition, affirming its prior decision and incorporating it by reference.

Petition for ReconsiderationDecision After ReconsiderationJoint Findings of Factcumulative periodlumbar spinecervical spineindustrial injuryarising out of and occurring in the course of employmentWorkers' Compensation Appeals BoardZenith Insurance Company
References
Case No. ADJ8558358
Regular
Sep 22, 2025

JOSE MEJIA vs. JB CRITCHLEY, INC., AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to clarify that the defendant's prior appeals regarding the applicant's stipulated average weekly wage and permanent disability rate were exhausted and that the award was final as of October 2, 2024. The Board affirmed the imposition of penalties under Labor Code section 5814 and attorney fees under section 5814.5 due to the defendant's unreasonable delay in paying the final award. The defendant's arguments regarding seasonal employment and extrinsic mistake were rejected as the stipulated wages and findings were final and not adequately supported for setting aside. The original Findings and Award were rescinded and substituted to reflect the finality of the prior decision and the confirmed penalties and fees.

Labor Code section 5904Petition for ReconsiderationFindings and Awardsemi-truck drivercervical spinethoracic spinelumbar spinehearing losspsychehypertension
References
Case No. ADJ10339693
Regular
Mar 16, 2019

CATHERINE WILSON vs. STOCKTON UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the WCJ's decision regarding the applicant's industrial injury. The Board affirmed the finding of injury to the lumbar spine and the need for further medical treatment for that injury. However, all other issues, including injury to the shoulders and thoracic spine and the determination of permanent disability, were deferred due to the WCJ's inadequate explanation and analysis. Further proceedings are required to develop the record and clarify disputed medical opinions before a final decision on all issues can be made.

WCABPetition for ReconsiderationFindings of FactAward and OrdersIndustrial InjuryLumbar SpineThoracic SpineShouldersTemporary DisabilityPermanent Disability
References
Case No. ADJ3745700 (OXN 0128625), APJ6812951
Regular
Dec 24, 2012

PAUL HARBER vs. PGP INC; CNA INSURANCE COMPANY; VARGAS EXCAVATING INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of the original award, which found industrial injury but denied reimbursement for self-procured medical treatment. The Board found the applicant's petition for reconsideration was timely filed. The Board amended the award to defer the issue of reimbursement for self-procured medical treatment expenses and returned the matter to the trial level for further proceedings. Otherwise, the original award finding industrial injury to the applicant's bilateral wrists, elbows, cervical spine, and lumbar spine was affirmed.

Workers' Compensation Appeals BoardReconsiderationJoint Findings Award OrderAdministrative Law JudgeCumulative Trauma InjuryIndustrial InjuryBilateral WristsBilateral ElbowsCervical SpineLumbar Spine
References
Case No. ADJ9815883 ADJ9815873
Regular
Apr 03, 2017

OCTAVIO AVILEZ vs. ANDRE LANDSCAPE SERVICE, INC., STARR INDEMNITY & LIABILITY CO.

The Workers' Compensation Appeals Board granted reconsideration to clarify the applicant's alleged industrial injuries to his cervical and lumbar spine. An agreed medical evaluator's reports present conflicting opinions regarding causation and permanent disability from the incidents on August 12, 2014, and January 9, 2015. The Board is deferring the spine injury issue pending further clarification from the evaluator on whether these incidents caused any disability or required medical treatment. The Board also expressly found no industrial injury to the upper and lower extremities and deferred all other body parts.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorOrthopedistIndustrial InjuryCervical SpineLumbar SpineUpper ExtremitiesLower ExtremitiesDeferred Issue
References
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