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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9011624
Regular
Dec 13, 2019

ELISHA HARDEN vs. COUNTY OF SACRAMENTO

This case concerns whether specific medical reports obtained for a disability retirement claim are admissible in a workers' compensation proceeding. The Appeals Board rescinded the prior ruling, holding these reports are relevant and may be provided to the orthopedic Agreed Medical Evaluator (AME) and psychiatric Qualified Medical Evaluator (QME). The Board found the reports relevant to the medical issues, even though they were not obtained through the standard workers' compensation medical-legal evaluation process. Consequently, the applicant's objection to providing these reports to the evaluators was overruled.

RemovalReconsiderationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Medical-legal evaluatorsMedical recordsLabor CodeFindings and Orders (F&O)Disability retirementPermanent impairment
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ9845740
Regular
Dec 18, 2019

RICHARD OKUNIEWICZ vs. CHRISTOFFERSON TRANSPORTATION, QBE-PRAETORIAN INSURANCE COMPANY

This case concerns an employer's petition for removal challenging a judge's order denying a motion to compel an in-person vocational evaluation. The Appeals Board denied the petition, treating it as a reconsideration request because the underlying order resolved threshold issues. Although the decision was final regarding threshold matters, the Board reviewed the discovery dispute under the extraordinary removal standard. The majority found no significant prejudice or irreparable harm from denying the in-person evaluation, as a remote evaluation was deemed sufficient.

Petition for ReconsiderationPetition for RemovalFindings and OrderMedical-Legal EvaluationCompelSignificant PrejudiceIrreparable HarmThreshold IssueInterlocutory IssueVocational Evaluation
References
Case No. ADJ3540065
Regular
Apr 21, 2015

GRADLEY MAXHAM vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the award of temporary disability benefits. The applicant, a correctional officer, contracted Guillain Barre Syndrome due to a work-related infection. The Agreed Medical Evaluator, Dr. Pattison, concluded the applicant was temporarily totally disabled from November 10, 2005, to June 12, 2008, a period the defendant contested. The Board found Dr. Pattison's opinion regarding temporary disability remained valid despite requests for further medical evaluations on other issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeAgreed Medical EvaluatorGuillain Barre SyndromeTemporary Total DisabilityPermanent and Stationary DateFunctional Capacity EvaluationsMedical-Legal ReportsMedical-Legal Opinion
References
Case No. ADJ13061844
Regular
Dec 28, 2020

RON PETTWAY vs. TRILLIUM STAFFING SOLUTIONS, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding a prior order that denied the defendant's request to compel the applicant's attendance at an in-person medical evaluation. The WCAB found that the administrative law judge improperly denied the petition solely due to the Shelter in Place Order. The Board clarified that emergency regulations permit medical-legal evaluations during the state of emergency and returned the matter to the trial level to determine if the evaluation could proceed under these regulations.

Workers' Compensation Appeals BoardPetition for RemovalMedical Legal EvaluationQualified Medical EvaluatorShelter in Place OrderLabor CodeCompel AttendanceRescind OrderReturn to Trial LevelTelehealth
References
Case No. ADJ6724203
Regular
Mar 29, 2013

Med-Legal LLC vs.

The Workers' Compensation Appeals Board granted Med-Legal LLC's Petition for Reconsideration, rescinding the dismissal of its lien. Med-Legal claimed its representative was present at the lien conference and never received the Notice of Intention to Dismiss. Due to unclear hearing minutes and conflicting address information, the Board found the record regarding the conference unclear. The case is returned to the trial level for further proceedings to determine the lien's compensability.

Med-Legal LLCPetition for ReconsiderationOrder of Dismissallien conferenceNotice of Intention to DismissMinutes of Hearingrescindedreturned to trial levelillegible recordszip code discrepancy
References
Case No. ADJ9714303
Regular
Feb 07, 2023

BRENT REYNOLDS vs. HOSTESS BRANDS, FORMERLY SELF-INSURED ADMINISTERED BY SELFINSURED SECURITY FUND VIA TRISTAR

The Workers' Compensation Appeals Board denied Hostess Brands' Petition for Reconsideration. The Board adopted the reasoning of the Administrative Law Judge (ALJ) who found that while Hostess Brands' communication regarding a non-refundable deposit for an Agreed Medical Evaluator's deposition was not in bad faith, it constituted an ex parte communication in violation of Labor Code section 4062.3(f). The ALJ also found the Applicant's counsel violated the same section by communicating with the evaluator without consulting the defense. As both parties violated the statute, the ALJ denied competing petitions for costs and sanctions, a decision affirmed by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorDeposition Fee AgreementNon-refundable DepositCross-examination FeesEx Parte CommunicationLabor Code section 4062.3Fee ScheduleMedical-legal Expenses
References
Case No. ADJ7212946
Regular
Dec 13, 2012

JOSE QUINTERO vs. CORPORATE PERSONNEL NETWORK, NEW HAMPSHIRE INSURANCE CO., administered by CHARTIS

The Appeals Board granted reconsideration to address the admissibility of Dr. Konstat's psychiatric evaluation. The Board found Dr. Konstat's report inadmissible because it was a medical-legal evaluation obtained in violation of statutory procedures for represented employees, bypassing the requirement for an Agreed Medical Evaluator or Qualified Medical Evaluator. Consequently, the Board amended the prior award to exclude industrial injury to the psyche due to lack of substantial medical evidence. The applicant's award for orthopedic injuries and medical treatment was affirmed.

Workers' Compensation Appeals BoardJose QuinteroCorporate Personnel NetworkNew Hampshire Insurance Co.ChartisAmended Findings and Awardindustrial injuryleft shoulderneckback
References
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