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

Case No. ADJ6897192, ADJ7622949
Regular
Dec 01, 2015

MICHAEL SILVA (Deceased), MARY ANNE SILVA (Dependent/Spouse) vs. FREMONT UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The WCAB affirmed the administrative law judge's (ALJ) findings that the deceased worker did not sustain a psyche injury or cancer due to employment. Crucially, the WCAB ruled that the applicant's self-procured medical report from Dr. Besses was inadmissible per *Batten v. Workers' Comp. Appeals Bd.* The Board also clarified that the applicant's petition was timely filed.

Workers' Compensation Appeals BoardFremont Unified School DistrictMichael SilvaMary Anne SilvaPetition for ReconsiderationFindings and Orderpsyche injurycancerself-procured medical reportDr. Besses
References
Case No. ADJ9485504
Regular
Apr 22, 2025

MARY ANNE AIKENS vs. CHILD ABUSE PREVENTION, STATE COMPENSATION INSURANCE FUND

Applicant Mary Anne Aikens sought reconsideration of a Findings and Award (F&A) from April 15, 2021, regarding injuries sustained in 2009. The Workers' Compensation Appeals Board rescinded the F&A, finding errors in the WCJ's decision regarding apportionment of permanent disability for both orthopedic and psychological injuries. The Board concluded that the medical reports from AME Dr. Joel Renbaum and AME Dr. James Cole lacked sufficient independent justification for their apportionment findings. Consequently, the case was returned to the trial level for further development of the medical record concerning apportionment.

ApportionmentPermanent DisabilityCervical SpineRight ShoulderRight HipBilateral KneesPsycheAgreed Medical Evaluator (AME)Dr. RenbaumDr. Cole
References
Case No. ADJ7879848
Regular
Dec 04, 2015

MARY CAMPOS vs. SECURITAS SECURITY SERVICES

The Workers' Compensation Appeals Board denied Mary Campos's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board adopted the WCJ's report in finding that reconsideration would be an adequate remedy if an adverse decision ultimately issues. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationWCJ reportextraordinary remedyADJ7879848Mary CamposSecuritas Security Services
References
Case No. ADJ3099810 (LAO 0759689)
Regular
Jan 25, 2012

TERRI ANN MCKENNA, EDDIE MCKENNA (Deceased) vs. CITY OF TORRANCE

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a Petition for Removal in the case of Eddie McKenna (Deceased) and Terri Ann McKenna versus the City of Torrance. The WCAB adopted and incorporated the reasoning provided by the workers' compensation administrative law judge in their report. Therefore, the petition for removal is denied. The order was dated and filed on January 25, 2012.

McKennaTerri AnnCity of TorrancePetition for RemovalDeniedWCJ reportWorkers' Compensation Appeals BoardADJ3099810ADJ1244172LAO 0759689
References
Case No. ADJ10452924
Regular
Sep 05, 2018

ANN MALESZA vs. MARIN WALDORF SCHOOL, CHURCH MUTUAL INSURANCE COMPANY

This case involves a dispute over temporary disability indemnity for Ann Malesza, who claimed injury to her heart and psyche. The defendant sought to limit temporary disability to 4-6 weeks, challenging the reliance on Dr. Taylor's psychiatric evaluation. The Appeals Board affirmed the WCJ's award of up to 104 weeks of temporary disability. This decision was based on Dr. Taylor's finding that the applicant was unable to work due to severe anxiety and phobia of returning to a stressful environment, which the Board deemed substantial evidence. The defendant's inability to provide a stress-free work environment does not relieve their liability for temporary disability.

WCABAnn MaleszaMarin Waldorf SchoolChurch Mutual Insurance CompanyADJ10452924Opinion and Decision After ReconsiderationFindings and AwardWCJAOE/COEheart injury
References
Case No. ADJ8800095
Regular
Oct 28, 2016

MARIE HINGADA vs. AXIS SPECIALTY U.S. SERVICES, INC., VIGILANT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Marie Hingada's petition for reconsideration in Case No. ADJ8800095. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The decision emphasized giving great weight to the WCJ's credibility determinations due to their observation of witnesses. No substantial evidence warranted rejecting the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceADJ8800095Van Nuys District Officeadministrative law judgeapplicantdefendants
References
Case No. ADJ630889 (MON 0279182)
Regular
Dec 28, 2012

BARBARA ANN SHANN vs. CEDARS SINAI, TRISTAR RISK MANAGEMENT

This case involves Barbara Ann Shann seeking workers' compensation benefits from Cedars Sinai and Tristar Risk Management. The Workers' Compensation Appeals Board denied Shann's request for reconsideration of a prior decision. The order indicates the Board found no grounds to overturn its initial ruling regarding her claim.

WORKERS' COMPENSATION APPEALS BOARDBARBARA ANN SHANNCEDARS SINAITRISTAR RISK MANAGEMENTADJ630889ADJ224692ADJ3805845ORDER DENYING RECONSIDERATIONMON District Office
References
Case No. ADJ2504554 (VNO 0477523)
Regular
Sep 26, 2014

KIM ANNE PETTY vs. STEIN MART, INC., ARROWPOINT CAPITAL

The Workers' Compensation Appeals Board (WCAB) has granted the applicant Kim Anne Petty's Petition for Reconsideration of a July 21, 2014 decision. This reconsideration is necessary to allow the Board further time to thoroughly study the factual and legal issues involved. The WCAB aims to gain a complete understanding of the record to issue a just and reasoned decision. Pending this, all future filings must be submitted in writing directly to the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemADJ2504554VNO 0477523Stein MartInc.Arrowpoint CapitalKim Anne Petty
References
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
Case No. ADJ9272008, ADJ9216258
Regular
Apr 28, 2015

LORI SILVA vs. VOLK ENTERPRISES, INC., FIRST COMP INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Lori Silva's petition for reconsideration and removal. This petition challenged a prior order denying her request to dismiss or stay small claims actions. The Board found Silva's arguments without merit, adopting the WCJ's report which stated the relief requested in her initial petition had already been granted by vacating the prior order and setting a status conference. The Board also admonished both defense and applicant's attorneys for procedural violations.

WCABPetition for ReconsiderationPetition for RemovalWCJWCAB Rule 10859WCAB Rule 10843(d)WCAB Rule 10842(c)Administrative Director Rule 10205.12(a)(4)WCAB Rule 10845(a)DOR
References
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