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

Case No. ADJ900432 (SAC 0323091)
Regular
Dec 30, 2011

MARLENE COPUS vs. NORTH SACRAMENTO ELEMENTARY SCHOOL DISTRICT

This case involves a dispute over the necessity of spinal surgery for an applicant who sustained a cumulative trauma injury to her neck and back. While the applicant's treating physician recommended surgery, a second opinion physician disagreed, citing a lack of nerve root compression. The Appeals Board found that the medical evidence was insufficient to determine the necessity of surgery, particularly in light of ACOEM Practice Guidelines which generally recommend against surgery without nerve root compression. Therefore, the Board rescinded the prior award and remanded the case to appoint an independent physician to evaluate the applicant and determine the reasonableness and necessity of the proposed surgery.

Workers' Compensation Appeals BoardMarlene CopusNorth Sacramento Elementary School Districtcumulative traumaspinal surgerynerve root impingementcervical stenosisDr. OrisekDr. GregoriusACOEM Practice Guidelines
References
Case No. ADJ10303237
Regular
Oct 26, 2016

MARLENE COLLINS vs. F.CORBY DALE AND ELIZABETH DALE

This case involves a Petition for Removal filed by Marlene Collins against F.Corby Dale and Elizabeth Dale. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner having withdrawn their request for removal. Consequently, the Board has formally closed the matter of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMarlene CollinsF.Corby DaleElizabeth DaleADJ10303237Fresno District OfficeMarguerite Sweeney
References
Case No. ADJ295703 (ANA 0301797) ADJ4701843 (ANA 0301798)
Regular
Jun 04, 2013

MARLENE RASK vs. FOUNTAIN VALLEY REGIONAL HOSPITAL, PACIFICA HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY

This Workers' Compensation Appeals Board case involves Marlene Rask's claim for cumulative trauma from Hepatitis C, sustained while employed as a registered nurse. The original award found 10.5% permanent disability, but both the applicant and defendant Travelers contested this. The Board rescinded the prior award because the administrative law judge did not adequately clarify the date of injury for the cumulative trauma claim. The matter is returned to the trial level for further proceedings to determine this crucial date.

Workers' Compensation Appeals BoardMarlene RaskFountain Valley Regional HospitalPacifica HospitalTravelers Property Casualty CompanyADJ295703ADJ4701843Long Beach District OfficeOpinion and Decision After ReconsiderationJoint Findings and Award and Order
References
Case No. ADJ2025038
Regular
Jan 21, 2009

SHERRY SPOONER vs. MEDREC SERVICES, STATE COMPENSATION INSURANCE FUND

The WCAB denied defendant's petition for reconsideration, finding that the medical opinion on apportionment was not substantial evidence and that the defendant failed to meet its burden of proof.

Workers Compensation Appeals BoardMedrec ServicesState Compensation Insurance FundSherry SpoonerFindings and Awardindustrial injuryspinepsychepermanent disabilityapportionment
References
Case No. ADJ7488842
Regular
Jan 09, 2013

MARLENE HERNANDEZ vs. SERGIO'S TACOS, THE HARTFORD

This case involves a lien claimant, Dr. Issac Regev, who mistakenly refiled a settled workers' compensation lien. The Workers' Compensation Appeals Board granted reconsideration of the initial dismissal and sanctions, acknowledging the refiling was due to a clerical error. While affirming the dismissal of the lien, the Board reduced the sanctions from $2,500 to $500, finding it a more appropriate penalty for the error and the resulting wasted effort. The decision emphasizes the need for improved filing processes to prevent future superfluous filings.

Workers Compensation Appeals BoardReconsiderationDismissing LienSanctionsFrivolous LienClerical ErrorCompromise and ReleaseCumulative TraumaBad Faith ActionsLabor Code Section 5813
References
Case No. GRO 0029816, GRO 0029817
Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision to apportion 50% of the applicant's permanent disability to a preexisting degenerative arthritis, holding that Labor Code section 4663, as amended by SB 899, permits apportionment based on causation from non-industrial factors supported by substantial medical evidence.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME
References
Case No. GRO 0029816, GRO 0029817
En Banc

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4663 as amended by SB 899, apportionment of permanent disability is based on causation and may include pre-existing, non-industrial conditions like degenerative arthritis, provided there is substantial medical evidence to support the percentage of non-industrial causation.

SB 899ApportionmentCausationPermanent DisabilityPreexisting ConditionDegenerative ArthritisSubstantial Medical EvidenceMedical ProbabilityLabor Code Section 4663Compensable Consequence
References
Case No. ADJ6858294
Regular
Dec 09, 2013

MARLEN BARDALES vs. JAI SHRI RAM HOSPITALITY GROUP

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the prior findings and orders. This decision was based on the administrative law judge's credibility findings, which are given great weight. The Board also noted the employer's counsel exceeded page limits for the petition without authorization. However, one commissioner dissented regarding the imposition of sanctions, arguing there was no evidence the employer received notice of critical hearings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.Petition page limitationLabor Code section 5813sanctionsMandatory Settlement Conferencedeposition noticeElectronic Adjudication Management System
References
Case No. ADJ91 47722
Regular
Jun 22, 2017

, Applicant, MARLENE BARBOZA ALFARO vs. PROPORTION FOODS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior stipulation and order allowing a lien. The Board found the defendant's petition for reconsideration was timely filed, as the 25-day period for filing began from the date the order was served, not from its date of issuance. The Board adopted the judge's reasoning, which addressed both the timeliness of the petition and the grounds for rescission. Consequently, the lien in favor of PCT Medical Services, Inc. was set aside.

Petition for ReconsiderationStipulation and OrderLienPCT Medical ServicesWCJTimely FiledDesignated ServicePersonal ServiceRescindedWorkers' Compensation Appeals Board
References
Case No. ADJ6887208
Regular
Sep 01, 2010

MARLENE ARIAS vs. E. K. S. SECURITY, INC., STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking reconsideration of an administrative law judge's decision that excluded vocational expert evidence. The Board granted reconsideration, finding that significant prejudice would result from denying this discovery. The WCAB amended the decision to allow further development of the record on all relevant matters, including vocational rehabilitation, because the record was insufficient to assess permanent disability and the discovery closure was overly restrictive. Therefore, discovery is now open for all matters that could lead to admissible evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationVocational Rehabilitation ExpertDiscoveryPsychiatric InjuryPermanent DisabilityAdministrative Law JudgeFindings of FactOrderPetition for Removal
References
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