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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8527201 (MF) ADJ8527245
Regular
Dec 27, 2016

GUSTAVO VALDOVINOS vs. COLORMAX INDUSTRIES INC, AIG SAN DIEGO on behalf of GRANITE STATE INSURANCE CO.

The Workers' Compensation Appeals Board denied applicant Gustavo Valdovinos' petition for reconsideration of a decision that found he failed to prove a cumulative trauma injury. Applicant argued for an adverse inference due to the destruction of Material Safety Data Sheets (MSDS) by the employer. The Board found no violation of duty to retain MSDS under California or federal law, especially since the request was made years after employment ended. Furthermore, the applicant did not provide medical evidence linking his claimed injuries to the chemicals he recalled using.

WCABColormax IndustriesAIG San DiegoGranite State InsuranceGustavo Valdovinoscumulative traumaMaterial Safety Data Sheets (MSDS)adverse inferenceindustrial chemicalssolvents
References
Case No. ADJ3445477 (RDG 0108598)
Regular
Apr 21, 2011

DENNIS NEWELL (Deceased) DEBORAH NEWELL (Widow) vs. FORD CONSTRUCTION COMPANY, MAJESTIC INSURANCE COMPANY

This case concerns a widow's claim for death benefits due to an alleged Serious and Willful Misconduct by the employer, Ford Construction Company. The Appeals Board previously rescinded a decision finding such misconduct. The applicant now seeks reconsideration, arguing the Board's prior decision was inconsistent with an appellate court ruling concerning specific OSHA Safety Orders. The Board granted reconsideration, concluding that the applicant waived the issue of Safety Order 4999(b)(1) and that, despite the appellate court's mention of Safety Order 5042(a)(6) without a specific finding, the overall appellate decision negated the Serious and Willful claim. Therefore, the Board affirmed its prior decision and amended a finding to explicitly state no violation of Safety Order 5042 occurred.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code 4553Labor Code 4553.1Safety Order 5002Safety Order 4999(b)(1)Safety Order 5042(a)(6)RemittiturFindings and AwardRes Judicata
References
Case No. ADJ1394617 (SDO 0360761) ADJ3352842 (SDO 0360836)
Regular
Aug 23, 2012

GAETANO DELISA vs. DEL MAR THOROUGHBRED CLUB, ZENITH INSURANCE CO.

This case involves applicant Gaetano Delisa's claim for workers' compensation benefits, alleging injury to his respiratory system and other areas due to exposure to a synthetic racetrack surface. The Workers' Compensation Appeals Board affirmed the judge's prior order finding no injury arising out of and in the course of employment. This decision was based on substantial medical evidence from qualified medical evaluators who opined that applicant's conditions were not industrially caused, and the applicant failed to meet his burden of proof. Applicant presented no medical evidence contradicting these expert opinions, thus the claim was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderInjury AOE/COEPolytrackSecurity OfficerRespiratory SystemPqmeToxicologyOccupational Medicine
References
Case No. ADJ7213309
Regular
May 19, 2015

ANTONIO LOPEZ vs. RALCORP HOLDINGS INC. (DBA) BLOOMFIELD BAKERS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for removal of a WCJ's Minute Order. The defendant argued the order to obtain a supplemental medical report was an abuse of discretion and an attempt to rescue the applicant after discovery closed. However, the Board found the petition untimely as it was filed more than 25 days after the February Order, and the Minute Order itself failed to establish sufficient prejudice. Additionally, the Board deferred the issue of sanctions against the defendant's attorney to the WCJ for intentionally providing inaccurate and misleading statements.

Petition for RemovalWCABMinute OrderSupplemental Medical ReportQMEMaterial Safety Data SheetsDiscoverySanctionsWCJTimeliness
References
Case No. ADJ4052884 (AHM 0136124) ADJ6520242
Regular
Feb 20, 2014

EMILIO EDDIE ROMERO (Deceased) SARA ROMERO (Widow) vs. CLOROX PRODUCTS MANUFACTURING

The Appeals Board granted the defendant's petition for removal, rescinding an order to replace a Qualified Medical Evaluator (QME). The WCJ had terminated the QME believing his partial review and stated refusal to review more records showed prejudgment on causation. However, the Appeals Board found it premature to disqualify the QME, noting his opinion of idiopathic pulmonary fibrosis as an unknown cause of disease could render additional MSDS irrelevant if correct. The Board ordered a deposition of the QME to explore his opinions and any alleged bias before deciding on a replacement, allowing further record development.

Petition for RemovalPQMEPanel Qualified Medical EvaluatorCausationIdiopathic Pulmonary FibrosisMaterial Safety Data SheetsMSDSSubstantial Medical EvidenceDepositionMcDuffie v. Los Angeles County Metropolitan Transit District
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
Case No. ADJ4052884 (AHM 0136124) ADJ6520242 ADJ7028149
Regular
Oct 01, 2016

EMILIO EDDIE ROMERO (Deceased), SARA ROMERO (Widow) vs. CLOROX PRODUCTS MANUFACTURING, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board removed the matter to itself to review the defendant's petition to disqualify the Qualified Medical Evaluator (QME), Dr. Leonard. While initially dismissed as moot due to Dr. Leonard's deposition proceeding, the Board decided to grant removal to consider the defendant's arguments regarding prejudice from further discovery delays. Ultimately, the Board denied the defendant's petition for removal, finding no extraordinary circumstances or irreparable harm, and returned the matter to the trial level for the WCJ to determine if Dr. Leonard should be replaced as QME.

WCABPetition for RemovalQualified Medical EvaluatorQMEdepositiondiscoveryvacating ordersubstantial evidenceirreparable harmbias
References
Case No. ADJ10194913 ADJ10194766 ADJ10194759
Regular
Oct 18, 2019

ABRAHAM ANAYA vs. BO ENTERPRISES, INC., dba SIERRA WEATHERIZATION CO., REDWOOD FIRE & CASUALTY INS. CO., c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's petition regarding reimbursement for copying services. The WCAB reversed the original finding that copying the insurer's claims file was not a medical-legal expense, finding it was valid. However, the Board affirmed the denial of reimbursement for the employer's MSDS and additional reprint charges, remanding the case for further proceedings on the reasonable value of copying the insurer's claims file.

Workers' Compensation Appeals BoardMed-Legal LLCJoint Findings and Ordersmaterial safety data sheetinsurance claims filemedical-legal expensesreprint chargessubpoena duces tecumemployment filesKaiser Hospital records
References
Case No. ADJ8157891
Regular
Apr 15, 2016

JESSE CASTELLON vs. ORANGE COUNTY VECTOR CONTROL, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that pesticide exposure contributed to the applicant's lymphoma, diabetes, and hypertension. The defendant argued the relied-upon medical expert erred by discussing Non-Hodgkin's Lymphoma instead of the applicant's diagnosed Hodgkin's Lymphoma. However, the Board found the expert's report sufficiently addressed Hodgkin's Lymphoma and its link to benzene exposure, incorporating the WCJ's reasoning. Therefore, the Board affirmed the original findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial causationpesticide exposurelymphomadiabeteshypertensionsubstantial medical evidenceDr. Nachman Brautbar
References
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