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

Case No. ADJ7745791, ADJ7745809
Regular
Jan 14, 2014

JUAN NAVA vs. OWENS CORNING, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order that intended to dismiss MD Tox Laboratories' lien. The WCAB found that MD Tox Laboratories had not actually filed a lien in the subject cases, nor were they a party at the time of the lien conference, thus rendering the dismissal order invalid. Since no lien was filed, MD Tox Laboratories was not subject to lien activation fees or obligated to appear at the conference. The WCAB clarified that MD Tox Laboratories may file a lien if it is still timely and accompanied by the proper fees.

MD Tox LaboratoriesPetition for Reconsiderationlien activation feelien conferenceWorkers' Compensation Appeals BoardnonpartyElectronic Adjudication Management Systemlien claimantLabor CodeWCAB Rule
References
Case No. ADJ4676639
Regular
Dec 24, 2013

RONALD HODGES vs. CHEVRON OVERSEAS PETROLEUM, INC.

Here's a concise summary for a lawyer, under four sentences: The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings. The Board found that the Qualified Medical Examiner (QME) reports were not substantial evidence because neither physician personally examined the applicant, violating administrative rules. Therefore, the record needs further development, specifically a medical-legal evaluation by an infectious disease expert to determine if Reiter's Syndrome is a consequence of the admitted industrial injury (malaria). This is necessary before reconsidering findings on permanent disability.

Workers' Compensation Appeals BoardRonald HodgesChevron Overseas Petroleum IncBroadspire Services IncFindings and AwardPetition for ReconsiderationReiter's Syndromeindustrial injurymalariapermanently totally disabled
References
Case No. ADJ4436706 (SAC 0168766)
Regular
Jun 04, 2015

BARBARA NEWHOUSE vs. E GONZALEZ MD, STATE COMPENSATION INSURANCE FUND

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration filed by petitioner Barbara Newhouse. This dismissal is a direct result of the petitioner's voluntary withdrawal of the petition. The original decision that was subject to reconsideration was issued on February 26, 2015. The Board acted upon the withdrawal to formally close this matter.

Petition for ReconsiderationDismissedWithdrawnBarbara NewhouseEgonzalez MDState Compensation Insurance FundWorkers' Compensation Appeals BoardADJ4436706SAC 0168766
References
Case No. ADJ3851666 (AHM 0142294)
Regular
Sep 16, 2013

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This Workers' Compensation Appeals Board case involved applicant Edward Newman and defendant Southern California Edison. The Board granted reconsideration of a prior decision, affirming it in part but amending the orders. Specifically, the liens of Lab-Eval Services and Stanley Majcher MD were disallowed, with jurisdiction reserved for costs and sanctions against them and Scott Marks. The matter was then returned to the trial level for further proceedings.

Petition for ReconsiderationSouthern California EdisonEdward NewmanWorkers' Compensation Appeals BoardWCJ's reportgrant reconsiderationamend decisiondisallowed liensLab-Eval ServicesStanley Majcher MD
References
Case No. ADJ6626529
Regular
Nov 05, 2015

NICOLAS WALKER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues in this case. The WCAB rescinded the prior Findings of Fact & Award, denied the defendant's motion to be relieved of stipulation regarding the thoracic spine, and found that the applicant sustained industrial injury to his cervical spine, shoulders, and thoracic spine. The WCAB deferred issues of permanent disability, apportionment, and attorney's fees, returning the matter to the WCJ for further record development.

Workers' Compensation Appeals BoardNicolas WalkerLos Angeles Unified School DistrictSedgewick Claims Management ServicesInc.ADJ6626529Opinion and Decision After ReconsiderationFindings of Fact & AwardWCJcervical spine
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ15819265
Regular
May 02, 2025

MD HOSSAIN, SALMA BASHAR vs. ALI'S ENTERPRISES, INC., TECHNOLOGY INSURANCE COMPANY

Applicant Salma Bashar, widow of deceased Md Hossain, sought reconsideration of a WCJ's Findings and Order which concluded that the decedent's death was not work-related. She contended that the WCJ erred by relying on the opinions of PQME Gerald Weingarten, M.D., asserting they lacked substantial medical evidence regarding causation. The Workers' Compensation Appeals Board granted the petition, finding Dr. Weingarten's opinions incomplete and speculative due to an inadequate record, including missing medical history and the autopsy report not being admitted into evidence. Consequently, the Board rescinded the prior order and returned the matter to the trial level for further proceedings, recommending additional development of the medical record.

AOE/COEPQMEsubstantial medical evidencecausationreconsiderationrescinddevelop the recordWCJdeath benefitsindustrial injury
References
Case No. ADJ10955890
Regular
Dec 21, 2018

JONATHAN ELFORD vs. MD OFFICE SOLUTIONS INC., AMERICAN ECONOMY INSURANCE COMPANY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by MD Office Solutions Inc. (Liberty Mutual/American Economy Insurance Company) challenging a prior workers' compensation award. The defendant alleges a mutual mistake regarding insurance coverage for the applicant's March 9, 2015 injury, claiming they were not the liable carrier. However, the Board dismissed the petition as untimely, noting it was filed 61 days after the award was served. The Board suggested the defendant should instead file a petition to set aside the award based on good cause, such as mutual mistake, and directed the matter back to the trial level.

Petition for ReconsiderationStipulations with Request for AwardMutual Mistake of FactWorkers' Compensation CoverageLiable CarrierTimelinessDismissedPetition to Set Aside AwardLabor Code Section 5803Good Cause
References
Case No. ADJ12294911
Regular
Apr 14, 2025

KHADIJAH BROWN vs. REGINALD AJAKWE, MD, RAYMOND TATEVOSSIAN, MD, MID-CENTURY INSURANCE COMPANY

Applicant Khadijah Brown sought reconsideration of a WCJ's decision that she did not sustain a psychiatric injury arising out of and occurring in the course of employment (AOE/COE) and that a good faith personnel action defense was established. The Appeals Board granted reconsideration, finding that the WCJ erroneously concluded applicant did not sustain injury to her psyche AOE/COE and failed to recognize objective evidence of harassment. The Board rescinded the original findings and substituted new findings, determining that applicant did sustain injury to her psyche AOE/COE and that this injury resulted from actual events of employment. The issue of the defendant's good faith personnel action defense was deferred for further proceedings.

AOE/COEpsychiatric injuryLabor Code Section 3208.3(b)(1)actual events of employmentharassmentgood faith personnel actionVerga v. Workers' Comp. Appeals Bd.racial epithetsuspensiontermination
References
Case No. ADJ6995481
Regular
Dec 10, 2012

MARIA FERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the Los Angeles Unified School District's Petition for Reconsideration. The applicant, Maria Fernandez, sustained multiple injuries in a 2009 fall, including to her left arm, left knee, back, and right fingers, requiring ongoing medical treatment and mobility aids. The Board found that the case of *Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)* was inapplicable, and adopted the WCJ's report in full. The WCJ recommended upholding the original Findings and Award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Primary Treating PhysicianKaiserSt. Francis HospitalStacy Medical (MPN)Dr. HeskiaoffPhilip A. Sobol MD
References
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