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

Case No. ADJ9918511
Regular
Feb 23, 2016

VINCENT SARDELLA vs. ORANGE COUNTY SANITATION DISTRICT

The Workers' Compensation Appeals Board denied Vincent Sardella's Petition for Reconsideration. This decision upholds the findings of the Workers' Compensation Administrative Law Judge (WCJ). The Board gave great weight to the WCJ's credibility determination, which was based on observing the witness's demeanor. No substantial evidence was presented to overturn the WCJ's ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility determinationGarza v. Workmen's Comp. Appeals Bd.Orange County Sanitation DistrictVINCENT SARDELLAadministrative law judgesubstantialitydeny reconsideration
References
1
Case No. ADJ10268110
Regular
Nov 09, 2016

PAUL DUNN vs. UNDERGROUND CONSTRUCTION, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Paul Dunn's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ) and gave significant weight to the WCJ's credibility determination. The Board found no substantial evidence to reject the WCJ's assessment of the witness's demeanor. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Substantiality of EvidenceUnderground ConstructionOld Republic Insurance CompanyGallagher Bassett
References
1
Case No. ADJ9577721
Regular

RENE ESQUIVEL vs. MID STATE STEEL ERECTORS, INC., administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in case ADJ9577721. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The WCAB gave significant weight to the WCJ's credibility determination, as the judge observed witness demeanor. No substantial evidence warranted rejecting the WCJ's credibility findings.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.administrative law judge reportdenial of reconsiderationsubstantiality of evidencewitness demeanorlegal precedentcase ADJ9577721
References
1
Case No. ADJ9693295, ADJ9797058
Regular
Nov 09, 2017

TONY THANG PHUNG vs. METIS TPS LLC, INSURANCE COMPANY OF THE WEST

The Appeals Board dismissed the Petition for Removal, ruling that reconsideration was the proper remedy. The Board denied the Petition for Reconsideration, adopting the WCJ's findings and credibility determinations. The WCJ found the applicant sustained injury arising out of and occurring in the course of employment (AOE/COE). Great weight was given to the WCJ's credibility determinations due to the opportunity to observe witness demeanor.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationAOE/COEWCJ credibility determinationfinal orderthreshold issueadequate remedyRymer v. HaglerSafeway Stores
References
5
Case No. SJO 0219269
Regular
Aug 01, 2007

CAROLYN HOBBS vs. LOCKHEED MARTIN MISSILES & SPACE COMPANY, ESIS INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to allow the employer credit for overpaid permanent disability advances against the temporary disability indemnity owed to the applicant. The Board denied the employer's request for credit for wages paid during the temporary disability period, as this issue was not raised in a timely manner and no evidence was presented. The applicant suffered an industrial injury to her back and right shoulder.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability IndemnityTemporary Total DisabilityCreditOverpaymentLabor Code Section 4909Mandatory Settlement ConferenceWaiver of IssueNewly Discovered Evidence
References
14
Case No. ADJ10576692
Regular
Sep 25, 2017

DAVID GONZALEZ vs. SPORTS CAR ACCESSORIES, INC dba KAR TUNES, PROCENTURY INSURANCE COMPANY, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board denied the petition for reconsideration in this case. The Board found the medical opinion of Panel Qualified Medical Examiner Dr. Pramila Gupta to be substantial evidence, based on an adequate examination and supported reasoning. The Board also deferred to the Workers' Compensation Judge's credibility determinations, which were based on observing witness demeanor. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJOpinion and OrderSubstantial EvidenceReasonable Medical ProbabilityPanel Qualified Medical ExaminerPQMECredibility DeterminationsMedical Opinion
References
4
Case No. ADJ8490445
Regular
Sep 18, 2015

MARIO GAMA vs. ALIREZA OLAMAI, An Individual, DBA SIGN EXPRESS, UNINSURED

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's finding, and substituted its own determination that the applicant was an employee, not an independent contractor. The Board found that the defendant retained the right to control the manner and means of the applicant's work. The applicant worked at the defendant's shop, used the defendant's tools and equipment, and followed specific instructions for sign creation, indicating an employer-employee relationship.

Independent ContractorEmployeeRight to ControlBorelloEstradaLabor Code § 3357Labor Code § 3353WCJPetition for ReconsiderationUEBTF
References
11
Case No. ADJ10135336
Regular
Sep 15, 2017

RAMIRO CHAVEZ vs. EXTE TRUCKING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the judge's credibility determinations based on witness demeanor. Furthermore, the Board found no substantial evidence to reject the WCJ's findings. The employer's petition also improperly relied on an exhibit not admitted into evidence, violating Appeals Board rules.

Petition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.substantialitydefendant's Exhibit Onot in evidenceAppeals Board Rule 10842(a)material evidencemarked for identificationMinutes of Hearing and Summary of Evidence
References
0
Case No. ADJ9770975
Regular
Feb 11, 2019

GUSTAVO RUBALCAVA vs. AMERJIT GILL AND COAST XPRESS AKA COAST XPRESS, INC.

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration in the case of Rubalcava v. Gill and Coast Xpress. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCJ) and found no substantial evidence to overturn the WCJ's credibility determinations. The WCAB gave significant weight to the WCJ's opportunity to observe witness demeanor. Therefore, the petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.substantiality of evidencedemeanor of witnessesdenial of reconsiderationadministrative law judgeapplicantdefendants
References
0
Case No. ADJ10091554
Regular
Jun 24, 2019

GIUSEPPE MORICI vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained a compensable psychiatric injury. The judge determined the injury was predominantly caused by actual employment events, not lawful personnel actions or the applicant's subjective perceptions. The Board deferred to the judge's credibility determinations based on observed demeanor.

Workers' Compensation Appeals BoardGiuseppe MoriciCounty of San Diegopsyche injurycompensablegood faith personnel actionssubjective misperceptionReport and RecommendationWCJ credibility determinationpreponderance of evidence
References
1
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