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

Case No. ADJ8159623; ADJ8159625

Regular

Dec 30, 2013

GENEROSA GERVACIO vs. KOOSHAREM dba SELECT STAFFING, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Generosa Gervacio's petition for reconsideration. The Board adopted the Workers' Compensation Judge's findings, which denied her claims for an industrial injury on May 1, 2011, and for a cumulative trauma injury. The judge found that Gervacio's testimony was not credible, noting inconsistencies with a supervisor's testimony and the implausibility of her reported pain levels given her continued work. Furthermore, crucial medical evidence was excluded due to late submission, leaving no substantial medical evidence to support her claim.

WCABPetition for ReconsiderationAOE/COEJoint Findings and Orderevidentiary rulingsPTPPR-2 reportNCS/EMGsecondary treating physicianpretrial conference statement

References

Case No. ADJ6769624

Regular

Oct 13, 2015

MARILOU WRIGHT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

The Workers' Compensation Appeals Board granted reconsideration of a prior award to amend the temporary total disability period for applicant Marilou Wright, a correctional officer, who suffered injury to her psyche and respiratory system (San Joaquin Valley Fever). The Board revised the temporary total disability period to November 19, 2008, through June 2, 2010, to align with medical evidence. While the Board acknowledged the defendant's argument about temporary disability overpayment and a request for credit, it found this issue was waived by not being raised earlier. However, to prevent double recovery, the Board granted the defendant a credit against the permanent disability award for good faith temporary disability payments made after the permanent and stationary date.

San Joaquin Valley Feverpsyche injuryfatiguesleep arousaltemporary total disabilitypermanent disabilityLabor Code section 4658(d)Petition for ReconsiderationFindings of Fact & Awardagreed medical evaluators

References

Case No. ADJ2101268 (SAL 0106967)

Regular

Oct 15, 2009

MARILOU GERVACIO vs. MISSION LINEN SUPPLY, SECURITY INSURANCE COMPANY OF HARTFORD, successor in interest to FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT

The WCAB granted reconsideration, amending the Findings and Award to include that Dr. Jimenez's report is comprehensive, the 1997 Schedule applies to determine the extent of permanent disability, and the award is subject to credit for previous payments. The petition for removal was dismissed.

Workers' Compensation Appeals BoardMission Linen SupplySecurity Insurance CompanyFire & Casualty Insurance Company of ConnecticutMarilou GervacioFindings and AwardPetition for RemovalPetition for ReconsiderationAgreed Medical Evaluator (AME)Vocational Rehabilitation

References

Case No. ADJ7760130

Regular

Nov 22, 2011

MARILOU YOUNG vs. DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal to overturn the denial of a change of venue. The WCAB found good cause to change venue from San Luis Obispo to Salinas, where the employer, treating physicians, and applicant's attorney are located. The applicant's initial venue designation in her county of residence appeared to be a clerical error, especially since the defendant stipulated to the change. Therefore, venue was officially changed to the Salinas district office.

Petition for RemovalChange of VenueLabor Code section 5501.6(a)StipulationIndustrial InjuryBreast CancerFirefighterApplication for Adjudication of ClaimVenue ShoppingJudge Shopping

References

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GENEROSA GERVACIO vs. KOOSHAREM dba SELECT STAFFING, ACE AMERICAN INSURANCE COMPANY

WCABPetition for ReconsiderationAOE/COEJoint Findings and Orderevidentiary rulingsPTPPR-2 reportNCS/EMGsecondary treating physicianpretrial conference statement

MARILOU WRIGHT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

MARILOU GERVACIO vs. MISSION LINEN SUPPLY, SECURITY INSURANCE COMPANY OF HARTFORD, successor in interest to FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT

MARILOU YOUNG vs. DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

Petition for RemovalChange of VenueLabor Code section 5501.6(a)StipulationIndustrial InjuryBreast CancerFirefighterApplication for Adjudication of ClaimVenue ShoppingJudge Shopping