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Case Law Database

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

Case No. ADJ3776077 (ANA 0409837) ADJ1854171 (ANA 0409862) ADJ310640 (ANA 0409836)
Regular
Sep 08, 2009

MARIA O'CAMPO vs. MICHAEL D. COOPER, D.D.S., INC.; STATE FARM FIRE AND CASUALTY COMPANY

This case involves applicant Maria O'Campo's petition for reconsideration of findings regarding industrial injuries to her knee, spine, and upper extremities. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's decision that applicant sustained industrial injuries but awarding only 2% permanent disability for upper extremity injuries, finding no permanent disability for the knee and spine. The WCJ properly relied on substantial medical evidence, particularly Dr. Mandel's reports, and found Dr. Einbund's report to be unreliable due to an apparent misinterpretation of an MRI. The Appeals Board found no requirement to further develop the record, as applicant failed to request it and the existing evidence supported the WCJ's findings.

Workers' Compensation Appeals BoardIndustrial InjuryFindings and AwardsPetition for ReconsiderationQualified Medical ExaminerCumulative TraumaSpecific InjuryPermanent DisabilityMedical EvidenceRecord Development
References
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. STK 183882
Regular
Feb 24, 2009

ROBERTO REYES vs. NEW IMAGE FOAM PRODUCTS INC., EVEREST NATIONAL INSURANCE COMPANY

This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule should apply to an applicant's back injury. The majority affirmed the administrative law judge's use of the 2005 schedule, finding no basis to deviate. However, a dissenting commissioner argued the 1997 schedule should have been used, citing the employer's May 2004 admission that the treating physician indicated permanent disability. This admission, the dissent argued, falls under an exception to the 2005 schedule's applicability, as interpreted by relevant case law.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code section 4660(d)Treating Physician ReportPermanent and Stationary StatusVocational RehabilitationAdmission
References
Case No. ADJ1806235 (OAK 0229406) ADJ3677836 (OAK 0279846) ADJ3058455 (OAK 0347422)
Regular
Jun 03, 2013

THEODORE FERNANDEZ vs. TENET HEALTHCARE dba SAN RAMON REGIONAL MEDICAL CENTER, SEDGWICK CMS, VALLEYCARE HEALTH SYSTEM, LUMBERMEN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for further proceedings. The Board found insufficient medical evidence to definitively link the applicant's wrist condition to his 1993 injury. It noted the applicant's wrist symptoms emerged and worsened years after his employment with the original employer, suggesting a potential cumulative trauma injury with a subsequent employer. The Board ordered further development of the medical record to clarify the nature and causation of the applicant's bilateral wrist issues.

WCABReconsiderationCumulative TraumaBilateral Upper ExtremitiesCarpal Tunnel SyndromeUlnar NeuritisCubital Tunnel SyndromeAgreed Medical EvaluatorApportionmentSubstantial Medical Evidence
References
Case No. ADJ9648781
Regular
Oct 19, 2020

VERONICA HERNANDEZ vs. GRAIWER & KAPLAN, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration regarding a lien claimant's disallowed lien. The WCAB rescinded the prior order, finding that the initial dispute may not have been about the "amount of payment" but rather about whether an invoice was a duplicate. Consequently, the WCAB deferred the issue of the lien claimant's entitlement to further payment. The matter was returned to the trial level for further proceedings with admitted exhibits.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantFindings and OrderSecond Bill ReviewDuplicate InvoiceLabor Code section 4603.6(a)Explanation of Review (EOR)Admitted EvidenceDeferred Issue
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ2453188 (LBO 0391424)
Regular
Jul 20, 2009

WILLIAM GILBERT vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical evidence insufficient. The applicant sought a higher permanent disability rating than the $12\%$ awarded, arguing the judge erred in calculating impairment and omitting pain and grip strength adjustments recommended by the Agreed Medical Evaluator. The Board returned the case to the trial level for further development of the medical record, requiring the evaluator to fully explain their findings on impairment, pain, and grip strength, and to consider *Almaraz* principles regarding equitable permanent disability awards.

Workers' Compensation Appeals BoardCumulative InjuryPermanent DisabilityLeft Median Sensory NeuropathyLeft Ulnar Motor NeuropathyAgreed Medical EvaluatorOrthopedistAMA GuidesImpairment RatingGrip Strength
References
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