Updated Daily

Case Law Database

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

Case No. ADJ1926394 (POM 0267363)

Regular

Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence

References

Case No. ADJ8597474

Regular

Apr 02, 2018

SID AJAZ vs. COLDWELL BANKER, AMERICAN CASUALTY COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the prior Order that rejected Qualified Medical Evaluator (QME) Dr. Miner's reports. While agreeing Dr. Miner's reports lacked substantial evidence, the Board found the WCJ erred in ordering a new QME panel. Instead, the Board remanded the case to the WCJ to further develop the record, potentially by appointing a regular physician given the applicant's pro per status.

Petition for RemovalOpinion and OrderQualified Medical Evaluator (QME)Substantial EvidenceWorkers' Compensation Appeals Board (WCAB)Administrative Law Judge (WCJ)Supplemental ReportAgreed Medical Evaluator (AME)Develop the RecordPro Per

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. GOL 0089200

Regular

Mar 21, 2008

YOLANDA MARQUEZ vs. COMP USA, AIG, AMERICAN INT'L CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 75% of the applicant's disability to non-industrial factors based on the Agreed Medical Examiner's (AME) opinion. The Board found that the AME's apportionment might have been based on the cause of the injury rather than the cause of the disability, which is an incorrect legal standard. Therefore, the Board deferred the issues of permanent disability, apportionment, and attorney's fees and returned the case to the trial level for further development of the record on apportionment.

Workers Compensation Appeals BoardYolanda MarquezCOMP USAAIGAmerican International Claims ServicesFindings and Awardindustrial injurypermanent disabilityapportionmentAgreed Medical Examiner (AME)

References

Case No. ADJ7946529

Regular

May 15, 2012

FELICIANO ESPINOZA vs. INTERGEM, ARGONAUT INSURANCE COMPANY

The Appeals Board granted reconsideration because the initial award of temporary disability was based on a chiropractor's report deemed not substantial evidence, due to unclear examination methods including a potential phone-only consultation. The Board found this evidence insufficient to support the temporary disability period awarded. Consequently, the Board rescinded the prior award and returned the case to the WCJ to further develop the medical record. This includes potentially obtaining supplemental reports or deposing the agreed medical examiner regarding the applicant's period of total temporary disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityIndustrial InjurySubstantial EvidenceMedical OpinionFurther Development of RecordWCJEdward Komberg D.C.

References

Case No. GOL 97477, GOL 97480, GOL 97481

Regular

Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

This case involves an applicant who sustained multiple industrial injuries to her forearms, back, neck, wrists, hands, and elbows over several years. The Workers' Compensation Appeals Board granted reconsideration to apply the recent *Benson* decision, which modified the application of the *Wilkinson* rule for combining permanent disability awards. Consequently, the Board deferred findings on permanent disability and apportionment for further development of the record in light of *Benson*'s causation-based approach.

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ

References

Case No. ADJ7898288

Regular

Nov 19, 2012

vs. LAMPS PLUS, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" award for an applicant claiming cumulative trauma injury. The Board adopted the WCJ's report, which found the applicant failed to meet his burden of proof due to inconsistent testimony and unreliable medical evidence. The WCJ's credibility findings, based on the applicant's demeanor and conflicting statements regarding his medical history and work absences, were given great weight. Consequently, the Board concluded that the evidence did not demonstrate a cumulative trauma injury arising out of and in the course of employment, and further development of the medical record was not warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedGarza v. Workers' Comp. Appeals Bd.Old Republic Insurance CompanyMilestone Insurance CompanyColdiron v. Compuwave Corp.cumulative trauma injuryAOE/COEtake nothing

References

Case No. ADJ9904638, ADJ7352002

Regular

Jul 25, 2017

Carmen Caez vs. California Department of Social Services (IHSS), administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the prior decision to defer the statute of limitations issue for the applicant's low back and other injuries sustained on November 1, 2008. The Board found the initial determination barring benefits lacked substantial evidence, particularly regarding the timeliness of the claim under Labor Code section 5405. Further development of the record is required to address potential tolling of the statute of limitations due to the employer's failure to provide proper workers' compensation notification. The case is returned for further proceedings to resolve these issues.

ADJ9904638ADJ7352002IHSS caregiverLabor Code sections 35503551statute of limitations tolledclaim formHoneywell v. Workers' Comp. Appeals Bd.denial letterApplication for Adjudication

References

Case No. ADJ3855232 (LAO 0400735)

Regular

Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

This case involves a dispute over the compensability of cardiovascular injury and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following a 1975 industrial injury. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant failed to prove CIDP was work-related but sustained his burden that cardiovascular treatment is a compensable consequence of the industrial injury. The WCAB clarified that enforcing medical treatment for the cardiovascular condition, which arose during authorized back surgery, falls under its continuing jurisdiction, not a prohibited amendment of the original award more than five years post-injury. Medical opinions regarding causation were found to constitute substantial evidence, resolving conflicting expert testimony.

Workers' Compensation Appeals BoardRoberto BarreroKnudsen Dairy CorporationFireman's Fund Insurance CompanyADJ3855232Van Nuys District OfficeOpinion and Decision After ReconsiderationFindings of FactWCJindustrial injury

References

Case No. ADJ6408456

Regular

May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010

References

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Updated Daily

Case Law Database

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

Case No. ADJ1926394 (POM 0267363)

Regular

Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence

References

Case No. ADJ8597474

Regular

Apr 02, 2018

SID AJAZ vs. COLDWELL BANKER, AMERICAN CASUALTY COMPANY

References

Case No. ADJ11428234

Regular

Oct 17, 2025

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

References

Case No. GOL 0089200

Regular

Mar 21, 2008

YOLANDA MARQUEZ vs. COMP USA, AIG, AMERICAN INT'L CLAIMS SERVICES

Workers Compensation Appeals BoardYolanda MarquezCOMP USAAIGAmerican International Claims ServicesFindings and Awardindustrial injurypermanent disabilityapportionmentAgreed Medical Examiner (AME)

References

Case No. ADJ7946529

Regular

May 15, 2012

FELICIANO ESPINOZA vs. INTERGEM, ARGONAUT INSURANCE COMPANY

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityIndustrial InjurySubstantial EvidenceMedical OpinionFurther Development of RecordWCJEdward Komberg D.C.

References

Case No. GOL 97477, GOL 97480, GOL 97481

Regular

Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ

References

Case No. ADJ7898288

Regular

Nov 19, 2012

vs. LAMPS PLUS, OLD REPUBLIC INSURANCE

References

Case No. ADJ9904638, ADJ7352002

Regular

Jul 25, 2017

Carmen Caez vs. California Department of Social Services (IHSS), administered by YORK RISK SERVICES GROUP, INC.

ADJ9904638ADJ7352002IHSS caregiverLabor Code sections 35503551statute of limitations tolledclaim formHoneywell v. Workers' Comp. Appeals Bd.denial letterApplication for Adjudication

References

Case No. ADJ3855232 (LAO 0400735)

Regular

Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

References

Case No. ADJ6408456

Regular

May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010

References

Showing 1-10 of 18 results

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