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Case Law Database

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

Case No. VNO 483286
Regular
Jul 16, 2007

ROBERT WALKER vs. MARSHALLS, CNA CLAIM PLUS, INC.

The Appeals Board granted reconsideration and rescinded the prior award, finding that the medical evidence regarding causation and apportionment was critically flawed. Neither the applicant's treating physician nor the defendant's QME adequately addressed these issues with sufficient reasoning and complete medical histories. The case is returned to the trial level for further development of the medical record, including obtaining supplemental opinions from physicians, before a new decision is made.

Workers' Compensation Appeals BoardRobert WalkerMarshall'sCNA Claim PlusInc.Findings and AwardIndustrial InjuryBack InjuryFoot InjuryPermanent Disability
References
Case No. ADJ1459734 (VNO 0385398) ADJ1448881 (VNO 0460995)
Regular
Jun 05, 2009

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

The Appeals Board granted reconsideration of the prior award due to the WCJ's reliance on Dr. Capen's reports for permanent disability and apportionment, which were previously found to lack substantial evidence. The WCJ erred by issuing new ratings based on these same inadequate reports, even after the Appeals Board's directive. The Board rescinded the award and returned the case for further development of the medical record regarding apportionment and permanent disability, specifically requiring evidence that meets the standards set in Escobedo v. Marshalls.

Workers' Compensation Appeals BoardPacific MatState Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationindustrial injuryback injuryleft hip injury
References
Case No. ADJ2634372 (OAK 0327509) ADJ 4625679 (OAK 0327510)
Regular
May 05, 2010

HEIDI MARSHALL vs. VISALIA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for both applicant Heidi Marshall and defendant Visalia Unified School District regarding a February 16, 2010 decision. This action was taken to allow the Board further time to thoroughly review the factual and legal issues presented. The WCAB determined this was necessary for a complete understanding and to ensure a just and reasoned decision. Further proceedings may be ordered after this review.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual IssuesLegal IssuesDecision After ReconsiderationOffice of the CommissionersSan FranciscoCalifornia
References
Case No. ADJ2634372 (OAK 0327509)
Regular
Jan 21, 2011

THE INDI MARSHALL vs. VISALIA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

In this case, the applicant, Heidi Marshall, appealed the original findings of her permanent disability rating and the lack of a work offer from her employer, Visalia Unified School District. The Board granted reconsideration, amending the temporary disability award to end on February 5, 2007. Crucially, the Board reversed the original finding on the 15% permanent disability increase under Labor Code section 4658(d)(2), finding that the applicant's retirement was directly caused by her injuries, thus entitling her to the increase despite not having received a work offer. The Board affirmed the WCJ's decision regarding apportionment and the exclusion of the Agreed Medical Examiner's specific impairment percentage.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPermanent DisabilityAgreed Medical ExaminerWhole Person ImpairmentLabor Code section 4658(d)(2)Modified WorkAlternative WorkPermanent and Stationary
References
Case No. ADJ7422830
Regular
Jun 20, 2012

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS' COMPENSATION ADMINISTRATORS

The Applicant, Sally Braithwaite Marshall, petitioned for removal to reverse an order denying a change of venue, seeking to consolidate two claims venued at different district offices. She argued both applications should be heard in Goleta. The Appeals Board denied the petition, finding that the Applicant's request was, in fact, a petition for consolidation. The Board directed the Applicant to follow the proper procedure under Rule 10260, which requires referral to the presiding WCJs for resolution before the Appeals Board.

Petition for RemovalOrder Denying Change of VenueApplication for Adjudication of ClaimConsolidation of CasesDistrict Office VenuePresiding WCJsRule 10260Workers' Compensation Appeals BoardDeputy CommissionerAdministrative Law Judge
References
Case No. ADJ4164639, ADJ4231177, ADJ2881670
Regular
Mar 23, 2018

AUDREY MARSHALL vs. MCDONNEL DOUGLAS/BOEING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY COMPANY

This case involves three consolidated workers' compensation claims (ADJ4164639, ADJ4231177, ADJ2881670) for applicant Audrey Marshall against McDonnel Douglas/Boeing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review factual and legal issues, finding temporary and permanent disability of 52% for ADJ4164639, and determined the claim was not time-barred. Following a settlement conference, parties entered into Compromise and Release agreements for all three cases. The WCAB found these settlements adequate and in the applicant's best interest, approving the agreements and rescinding a prior award.

Workers' Compensation Appeals BoardCompromise and ReleaseStatute of LimitationsReconsiderationCumulative InjurySpecific InjuryLabor Code Section 5310Labor Code Section 5001WCAB Rule 10882Temporary Disability
References
Case No. ADJ7422830; ADJ7605326
Regular
Feb 11, 2014

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS COMPENSATION ADMINISTRATOR, TRANSITIONS MENTAL HEALTH/STATE COMPENSATION INSURANCE FUND

This case involves two consolidated workers' compensation claims for Sally Braithwaite Marshall concerning alleged injuries from "sick building syndrome" and toxic substance exposure. The Appeals Board granted applicant's Petition for Removal, rescinding the trial judge's order to proceed to trial. The Board found that discovery was incomplete, pre-trial statements were not filed, and insufficient notice was given for trial preparation due to the complexity of the consolidated cases. Consequently, the matters are returned to be reset for a mandatory settlement conference, and venue is transferred to the Santa Barbara district office.

Petition for RemovalWCJAgreed Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference StatementSick Building SyndromeToxic Substances ExposureConsolidation of CasesAutomatic Reassignment
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. LAO 801322
Regular
May 23, 2008

O.C. MARSHALL (Deceased) JENNIFER MARSHALL (Widow) vs. ARCO/BRITISH PETROLEUM; ESIS

This case concerns a widow's appeal of a denial of workers' compensation benefits for her husband's death. The Administrative Law Judge (ALJ) denied benefits, finding the death was due to natural causes and not his employment as a pipe fitter for Arco/British Petroleum. The Workers' Compensation Appeals Board affirmed the denial, finding the applicant's medical expert's opinion lacked substantial evidence due to an inaccurate history and incomplete analysis of the decedent's medical records and family history.

Workers Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeQualified Medical EvaluatorQMEatherosclerotic diseasehypertension
References
Case No. ADJ7350560
Regular
May 21, 2013

ANDREA BARRERA vs. PET SMART, SEDGWICK

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing Expert Medical Management's lien. The lien, filed before January 1, 2013, was subject to a lien activation fee under Labor Code Section 4903.06(a). Expert Medical Management failed to pay this fee, despite multiple opportunities, leading to the dismissal of their lien claim. The Appeals Board adopted the judge's report, which found the lien claimant's arguments regarding Labor Code Section 4903(b) amendments and penalty payments irrelevant to the activation fee requirement.

Lien activation feePetition for ReconsiderationLabor Code §4903.06(a)Medical-legal expensesLabor Code §4903(b)Expert Medical ManagementWCABWorkers' Compensation Appeals BoardDewayne MarshallStipulations with Request for Award
References
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