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

Case No. ADJ1108001 (LAO 0750981)

Regular

Feb 27, 2014

ALMA HILL vs. BMCA INSULATION PRODUCTS aka GAF BUILDING MATERIALS; AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the timeliness of the applicant's Petition to Reopen for New and Further Disability. While the WCAB found the petition to be timely filed, they affirmed the original decision that the applicant failed to demonstrate new and further disability. The Board relied on Agreed Medical Examiners who found no worsening of the applicant's orthopedic or internal medicine conditions post-settlement. Despite some conflicting opinions regarding fibromyalgia and psychological claims, the WCAB concluded the evidence did not support a finding of new and further disability.

Petition to ReopenNew and Further DisabilityTimelinessIndustrial InjuryPsyche InjuryFibromyalgiaLupusAgreed Medical EvaluatorQualified Medical EvaluatorCase File Destruction

References

Case No. ADJ6707071

Regular

Nov 02, 2011

GINA STEWART vs. CITY OF LOS ANGELES

This case concerns applicant Gina Stewart's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied reconsideration, affirming the administrative law judge's findings. Applicant sought reversal of the 95% permanent disability rating and the denial of industrial injury to her vision and gastritis. The WCAB found that the Agreed Medical Examiner's reports did not provide substantial evidence for these claims, citing a lack of reasoning and specificity.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

References

Case No. ADJ3134277 (SAC 0237184)

Regular

Feb 11, 2010

KIMBERLY WATKINS vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding her permanent disability rating. The applicant argues the assigned 39% permanent disability, resulting in a combined 95% disability with pre-existing conditions, is too low. She claims unrebutted medical and vocational expert evidence establishes total permanent disability (100%) due to her inability to compete in the labor market. The WCAB denied reconsideration, adopting the judge's report, but one commissioner dissented, arguing the evidence strongly supported a 100% disability finding.

Subsequent Injuries Benefits Trust FundCumulative traumaIndustrial injuryPermanent disability ratingVocational expertReconsiderationFindings and AwardAgreed medical evaluatorRheumatologistPsychiatrist

References

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ALMA HILL vs. BMCA INSULATION PRODUCTS aka GAF BUILDING MATERIALS; AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. administered by GALLAGHER BASSETT SERVICES, INC.

Petition to ReopenNew and Further DisabilityTimelinessIndustrial InjuryPsyche InjuryFibromyalgiaLupusAgreed Medical EvaluatorQualified Medical EvaluatorCase File Destruction

GINA STEWART vs. CITY OF LOS ANGELES

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

KIMBERLY WATKINS vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND