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Case Law Database

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

Case No. ADJ4347295 (SJO 0206086)
Regular
Mar 14, 2014

Judith Gonzales vs. TRI-CITY RECOVERY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Judith Gonzales's petitions for reconsideration of the administrative law judge's (ALJ) Findings and Order. The WCAB adopted the ALJ's report, finding that Gonzales failed to support her fraud allegations with specific record references or legal citations as required by WCAB rules. Additionally, her request for automatic reassignment of the ALJ was untimely, and appended documents were either improperly included or not shown to be undiscoverable at trial. Therefore, both petitions were denied.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderPetition for ReconsiderationQualified Medical EvaluatorState Compensation Insurance FundStipulations with Request for AwardMedicare Set-AsideApplication for Adjudication of ClaimCumulative Trauma
References
0
Case No. ADJ9613485
Regular
Jan 03, 2015

DORIS GONZALES vs. HARBOR FREIGHT TOOLS, SAFETY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board denied Doris Gonzales's Petition for Removal to rescind an order continuing her case to trial. Gonzales argued she hadn't completed discovery regarding her admitted psyche injury's permanent and stationary status and a newly diagnosed condition, fibromyalgia. The majority found her petition did not demonstrate substantial prejudice or irreparable harm, rendering removal an inappropriate remedy. Commissioner Sweeney dissented, believing further discovery was necessary and the trial date premature, especially concerning the un-evaluated psyche injury.

Petition for RemovalPsyche InjuryFibromyalgiaPermanent and Stationary StatusDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeMandatory Settlement ConferenceDue DiligencePremature Trial
References
0
Case No. MISSING
Regular Panel Decision

National Council of La Raza v. Gonzales

A coalition of non-profit organizations and a labor union, referred to as Plaintiffs, brought an action against various U.S. government officials and agencies, referred to as Defendants. Plaintiffs sought a declaratory judgment and injunction against the policy and practice of entering and disseminating civil immigration information through the National Crime Information Center (NCIC) database, alleging violations of the Administrative Procedures Act and unconstitutional arrests by state and local officials. Defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim upon which relief may be granted. The Court granted the motion to dismiss, concluding that the Plaintiffs lacked standing to pursue their claims as they failed to establish an actual injury-in-fact to their members, finding claims of heightened risk of arrest, fear of unlawful arrest, and loss of privacy to be too speculative.

Immigration LawStanding DoctrineAdministrative Procedure ActNational Crime Information CenterDeclaratory JudgmentInjunctive ReliefFederal JurisdictionMotion to DismissCivil Immigration EnforcementFourth Amendment
References
30
Case No. ADJ9760958
Regular
Jun 13, 2016

MARIETTA GONZALES vs. WALGREENS FAMILY OF COMPANIES dba TAKE CARE, AMERICAN ZURICH INSURANCE COMPANY

This order denies the Applicant's petition for reconsideration in a workers' compensation case against Walgreens. The Workers' Compensation Appeals Board (WCAB) adopted the findings of the Workers' Compensation Administrative Law Judge (WCJ). The WCAB gave great weight to the WCJ's credibility determination, finding no substantial evidence to warrant rejection. Therefore, the petition for reconsideration is denied.

Petition for ReconsiderationDeniedWCJ's reportCredibility determinationSubstantiality of evidenceWorkers' Compensation Appeals BoardAdministrative law judgeGarza v. Workmen's Comp. Appeals Bd.Marietta GonzalesWalgreens Family of Companies
References
0
Case No. ADJ8896804
Regular
Apr 25, 2023

KAMI GONZALES vs. WALMART, SEDGWICK EL DORADO HILLS

The Workers' Compensation Appeals Board granted reconsideration and amended the previous Findings and Award to establish April 25, 2015, as the commencement date for the applicant's permanent total disability benefits. The Board also clarified that Cost of Living Adjustments (COLAs) for permanent disability would begin on January 1, 2016, following the established rule in *Brower v. David Jones Construction*. The applicant, Kami Gonzales, sustained an injury AOE/COE on February 25, 2013, and was found to be 100% disabled. The Board also confirmed the applicant's temporary disability rate and reserved jurisdiction for informal calculation of retroactive temporary disability and attorney's fees.

AOE/COEPermanent Total DisabilityPermanent Stationary DateCOLARetroactive Temporary DisabilityEarning CapacityUnapportioned AwardFuture Medical CarePetition for ReconsiderationFindings and Award
References
1
Case No. ADJ8386118
Regular
Jan 04, 2013

RALPH GONZALES vs. PURELY CLEAN POOLS, PREFERRED EMPLOYERS INSURANCE

This Workers' Compensation Appeals Board case involves an applicant, Ralph Gonzales, and defendants Purely Clean Pools and Preferred Employers Insurance. A petition for removal was filed by a party in this matter. However, the petitioner subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the petition, and no further action will be taken.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardPurely Clean PoolsPreferred Employers InsuranceADJ8386118Oakland District OfficeAlfonso J. MoresiRonnie G. Caplane
References
0
Case No. ADJ2051785 SAC 0366787
Regular
Sep 15, 2010

DAVID GONZALES vs. NEW WAVE CONSTRUCTION, VIRGINIA SURETY INSURANCE

Applicant David Gonzales petitioned for reconsideration of a prior award finding 20% permanent disability for a back injury and no sleep disorder. The Appeals Board granted reconsideration, agreeing with the WCJ's report that further development of the record on the sleep disorder issue was necessary. While affirming the 20% permanent disability rating for the orthopedic injury, the Board rescinded the prior award to avoid bifurcation and allow for complete resolution of all issues. The matter was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilitySleep DisorderLoss of Future Earning CapacityOgilvieWCJRescindedReturned to Trial Level
References
2
Case No. ADJ7427901
Regular
Oct 29, 2013

PABLO GONZALES vs. KVS TRANSPORTATION, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding that Pablo Gonzales sustained a specific industrial injury of Valley Fever on December 29, 2009. The Board found that while medical evidence did not support a specific injury date, the record might support a cumulative injury, occupational disease, or latent injury arising from employment. The case is returned to the WCJ to determine if pleadings should be amended to conform to this proof and to issue a new decision. Issues regarding self-procured medical treatment and medical-legal expenses were improperly addressed and should be limited to issues identified at trial.

Workers Compensation Appeals BoardKVS TransportationSeabright Insurance CompanyPablo GonzalesADJ7427901Findings and AwardReconsiderationIndustrial InjuryDecember 29 2009Chest
References
6
Case No. ADJ10335087 ADJ10335071
Regular
Jan 03, 2020

RICHARD GONZALES vs. CAL FIRE, STATE COMPENSATION INSURANCE FUND, State Employees Adjusting Agency

This case involves two workers' compensation claims for Richard Gonzales against CAL FIRE. The Appeals Board affirmed the award in ADJ10335087, which found a 46% permanent disability. However, the Board rescinded the January 3, 2019 award in ADJ10335071, which found a 77% permanent disability and awarded attorney's fees based on 15% of permanent disability indemnity. The Board remanded ADJ10335071 for further development of the medical record regarding whether permanent disabilities should be added or combined, and to revisit the attorney's fees, specifically including the value of the life pension.

Workers Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityAttorney's FeeQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Combined Values Chart (CVC)Synergistic Effect
References
8
Case No. ADJ6772495; ADJ7394371; ADJ11006855; ADJ7648530; ADJ6788916
Regular
Oct 22, 2025

Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, Kuchita Hawthorne vs. Learning Care Group, Coca Cola Enterprises, IHSS Solano County, AC Transit, UPS

Applicants Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, and Kuchita Hawthorne filed a joint Petition for Removal challenging a Workers' Compensation Judge's (WCJ) July 13, 2022 orders. These orders denied their petitions to set their cases on a non-OD-Legal block day and to terminate all OD-Legal Block days at the Oakland District Office, citing the WCJ's lack of authority. The Appeals Board, after reviewing the petition and the WCJ's report, denied the Petition for Removal. The Board determined that removal, an extraordinary remedy, was not warranted as the petitioners failed to show substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy.

Petition for RemovalWCABWCJOD-Legal Block DayScheduling AuthorityExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAppeals Board
References
7
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