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

Case No. ADJ11065177
Regular
Apr 09, 2019

FRANK ROMANO vs. PROVIDENCE HEALTH AND SERVICES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that found 4% permanent disability. The Board found the orthopedist's apportionment of lumbar spine impairment to nonindustrial daily activities to be unsubstantiated. Specifically, the doctor could not identify specific nonindustrial activities causing impairment or link them to the found impairment. Therefore, the Board awarded an unapportioned 7% permanent disability for the applicant's industrial lumbar spine injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityApportionmentSubstantial Medical EvidenceMedical OpinionLumbar Spine DRE Category IIWhole Person ImpairmentAMA GuidesMuscle Spasm
References
9
Case No. ADJ8413521
Regular
Apr 13, 2020

STEVEN KING vs. COUNTY OF SAN BERNARDINO

This Workers' Compensation Appeals Board case involves applicant Steven King's claims for injury arising out of and occurring in the course of employment, including bilateral shoulders, lumbar spine, cardiac system, hernia, skin disorder, hearing loss, and hypertension. The Board affirmed the finding of injury AOE/COE and the hypertension rating but remanded the case for further development of the record regarding the applicant's lumbar spine impairment. The administrative law judge's prior rejection of the Agreed Medical Examiner's (AME) supplemental opinion on lumbar spine disability was deemed an improper disregard of substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and Awardinjury arising out of and occurring in the course of employmentbilateral shoulderslumbar spinecardiac systemherniaskin disorderhearing loss
References
8
Case No. ADJ13002649, ADJ13002697
Regular
Oct 20, 2025

LORENZO TORRES vs. KOOS MANUFACTURING COMPANY, INC.; SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration of a Joint Findings and Award (F&A) issued on July 21, 2025. The F&A, authored by a Workers' Compensation Judge, found that applicant Lorenzo Torres sustained injuries arising out of and in the course of employment (AOE/COE) to his lumbar spine and psyche (ADJ13002649), with the psychological injury not precluded by a good faith personnel action defense, resulting in temporary partial disability and 14% permanent disability to the lumbar spine. Additionally, applicant sustained AOE/COE injuries to his right and left shoulders (ADJ13002697), leading to 3% and 4% permanent disability respectively. Defendant challenged these findings, arguing insufficient evidence for the psyche injury, unjustified temporary partial disability, a lower lumbar spine impairment, and no industrial shoulder injury. The Appeals Board reviewed the matter, including the WCJ's Report and Recommendation, and found the WCJ's conclusions to be supported by substantial evidence. Consequently, the Board affirmed the original F&A and denied the reconsideration petition.

AOE/COEGood Faith Personnel Action DefensePsychological InjuryLumbar Spine InjuryShoulder InjuryTemporary Partial DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorSubstantial Evidence
References
11
Case No. 2022-07-0138
Regular Panel Decision
Feb 12, 2024

Hepner, Charles v. MC Produce, LLC, d/b/a McCartney Produce

Mr. Charles Hepner, an employee, sought permanent disability benefits for neck and low back injuries sustained in February 2021 while working for MC Produce, LLC. He initially claimed permanent total disability or extraordinary benefits, but the Court denied these claims. The case involved conflicting impairment ratings from three physicians: Dr. Kyle Stephens (orthopedic surgeon, 2%), Dr. Jacob Schwarz (neurosurgeon, 25% for cervical spine), and Dr. James Wiesman (orthopedic surgeon, 3% for lumbar spine). The Court accredited Dr. Schwarz's 25% rating for the cervical spine and Dr. Wiesman's 3% rating for the lumbar spine, totaling a 27% permanent partial disability. Applying multipliers for not returning to work and age, Mr. Hepner was awarded $91,250.39 in benefits. The Court denied the education multiplier and dismissed the claim against the Subsequent Injury Fund. Future medical benefits were granted with Dr. Stephens designated as the treating physician.

Workers' CompensationPermanent Partial DisabilityCervical Spine InjuryLumbar Spine InjuryImpairment RatingMedical Expert TestimonyTennessee LawIncreased BenefitsNeurosurgeon EvaluationOrthopedic Surgeon Evaluation
References
5
Case No. ADJ10336191
Regular
Jan 18, 2023

JEFFERY BLUM vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

This case involves an employer's petition for reconsideration of a workers' compensation award. The Appeals Board denied the petition, affirming the finding that the applicant sustained new and further permanent disability to his knees. The employer's arguments regarding apportionment for the lumbar spine and bias of the medical evaluator were rejected, as the lumbar spine issue was settled by prior stipulation and bias was not raised timely. The Board found the medical evaluator's opinions on knee impairment constituted substantial evidence, despite a functional capacity evaluation.

New and further disabilityPermanent disabilityApportionmentStipulations with Request for AwardQualified Medical Evaluator (QME)Lumbar spineBilateral knee impairmentSubstantial evidencePetition for ReconsiderationWorkers' Compensation Appeals Board (WCAB)
References
12
Case No. ADJ8064757
Regular
Nov 03, 2016

JOHN VAN FLEET vs. LAMBERT AND PHILLIPS CONSTRUCTION, AMERICAN ASSURANCE OF AMERICA, ZURICH NORTH AMERICA

This case concerns a workers' compensation claim for lumbar spine and sleep disorder injuries. The Appeals Board affirmed the original award but amended it to establish October 2006 as the date of injury, acknowledging the cumulative nature of the lumbar spine injury. Issues regarding the specific nature of the sleep disorder injury, the responsible insurer, and permanent disability were deferred for further proceedings at the trial level. The Board found that while a sleep disorder existed, further medical evidence was needed to establish its compensability and the extent of whole person impairment.

cumulative injurydate of injurylumbar spinesleep disorderpermanent disabilityapportionmentwhole person impairmentAMA Guidesorthopedicneurologist
References
2
Case No. ADJ6972640
Regular
Jul 25, 2016

JAVIER VENTURA vs. AMERICAN COPAK CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked sufficient explanation for its findings, particularly regarding the occupational group number and the chosen method for rating lumbar spine impairment. Furthermore, the WCAB requires a specific medical opinion on the appropriate method to assess the applicant's lumbar spine disability under the AMA Guides. The WCAB also directed further development of the record concerning the applicant's claimed lung injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityDRE MethodROM MethodOccupational Group NumberAMA GuidesLumbar Spine Impairment
References
5
Case No. 2021 NY Slip Op 03228 [194 AD3d 1283]
Regular Panel Decision
May 20, 2021

Matter of Ehrman ( Center for Discovery)

Claimant Martha Greenberg Ehrman, director of an equine-assisted therapy program, sustained a work-related left knee injury in August 2008, which later included consequential injuries to her lumbar spine, right hip, and right knee. An independent medical examination in November 2018 found she had reached maximum medical improvement with a permanent impairment to her lumbar spine, recommending avoidance of heavy lifting and labor-intensive work. A Workers' Compensation Law Judge (WCLJ) determined she was capable of medium work and had sustained a 50% loss of wage-earning capacity. The Workers' Compensation Board affirmed the WCLJ's findings regarding the 50% loss of wage-earning capacity. The Appellate Division, Third Department, affirmed the Board's decision, concluding that it was supported by substantial evidence after considering both medical evidence and vocational factors such as the claimant's education, language proficiency, and continued employment.

Permanent Partial DisabilityWage-Earning CapacityIndependent Medical ExaminationLumbar Spine InjuryMaximum Medical ImprovementVocational FactorsAppellate Division Third DepartmentSubstantial Evidence ReviewEquine Therapy InjuryClaimant Appeal
References
7
Case No. 02-23-00220-CV
Regular Panel Decision
Apr 17, 2025

Bianco Brain and Spine, PLLC and Nikhil Kanti Patel, M.D. v. Larry Jones and Shelley Jones

This case concerns a medical malpractice claim brought by Larry and Shelley Jones against Bianco Brain and Spine, PLLC and Dr. Nikhil Kanti Patel. Mr. Jones suffered a cauda equina injury during spine surgery performed by Dr. Patel. The jury found Dr. Patel negligent, and his negligence proximately caused Mr. Jones's injury. On appeal, Dr. Patel challenged the legal and factual sufficiency of the evidence. The Court affirmed the judgment against Dr. Patel, finding sufficient evidence to support the jury's finding that Dr. Patel's intraoperative surgical technique (removing existing hardware before stabilizing the L3-L4 junction) breached the standard of care and caused the injury. Bianco Brain and Spine, PLLC was sued under a theory of respondeat superior. The Court reversed the judgment imposing liability on Bianco, holding that the Joneses waived their independent ground of recovery for respondeat superior by failing to submit a jury question on this claim, and the evidence of Dr. Patel's employment status was not conclusive.

Medical MalpracticeMedical NegligenceSpine SurgeryCauda Equina InjuryRespondeat SuperiorVicarious LiabilityLegal SufficiencyFactual SufficiencyExpert TestimonyProximate Cause
References
87
Case No. NO. 03-06-00631-CV
Regular Panel Decision
Mar 26, 2009

Samuel Campos v. Texas Property & Casualty Insurance Guaranty Association for Reliance National Indemnity Company, an Impaired Carrier

Samuel Campos, an employee, was injured on the job, leading to disputes over his impairment rating and reimbursement for travel expenses. The Texas Workers’ Compensation Commission affirmed a designated doctor's 6% impairment rating and denied travel expenses, which Campos challenged in court. The case involved the Texas Property & Casualty Insurance Guaranty Association (TPCIGA) because Campos's employer's insurer became impaired. Initially filed in Winkler County, the case was transferred to Travis County, where TPCIGA was granted summary judgment. The Third District Court of Appeals reversed the summary judgment, ruling that the Workers' Compensation Act's specific mandatory venue provision, which places venue in the county of the employee's residence at the time of injury (Winkler County), overrides the Guaranty Act's general venue provision, which would place it in Travis County. The court remanded the case with instructions to transfer it to Winkler County.

Workers' CompensationVenue DisputeMandatory VenueStatutory ConstructionTexas Labor CodeTexas Insurance CodeImpairment RatingTravel Expenses ReimbursementJudicial ReviewAppellate Procedure
References
12
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