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

Case No. CV-24-1036
Regular Panel Decision
Sep 11, 2025

Matter of Brickner v. Medtronic, Inc.

Claimant Donna Brickner appealed a Workers' Compensation Board decision which ruled she did not sustain a permanent total disability following a 2019 work injury. Initially, a Workers' Compensation Law Judge found a 90% permanent partial disability based on a carrier's consultant's opinion that claimant was capable of sedentary work with restrictions. Brickner sought administrative review, arguing for a permanent total disability. The Board affirmed, citing insufficient credible medical evidence for total disability, relying on the treating physician's report and claimant's self-reported functional abilities indicating greater activity than a total disability. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the conclusion that claimant did not have a permanent total disability.

Permanent DisabilityTotal DisabilityPartial DisabilityMedical EvidenceAppellate ReviewLabor Market AttachmentSpinal InjuryChronic PainSedentary WorkFunctional Abilities
References
7
Case No. GOL 0097477 GOL 0097480 GOL 0097481
Regular
Dec 21, 2007

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

In this workers' compensation case, the defendant, Medtronic PS Medical, Inc., sought reconsideration of a prior decision. The Workers' Compensation Appeals Board has granted this petition to allow for a more thorough review of the factual and legal issues. The Board will conduct further proceedings before issuing a final decision after reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationMedtronic PS MedicalESIS Employers Self-Insurance ServiceMary PrilepineStatutory time constraintsFactual and legal issuesDecision After ReconsiderationReconsideration Unit
References
0
Case No. ADJ9610649
Regular
Sep 18, 2015

MARIA CASTELLANOS vs. MEDTRONICS, ESIS CHATSWORTH

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the Workers' Compensation Administrative Law Judge (WCJ) who found the applicant did not sustain the alleged injury. The WCJ found the applicant's supervisor's testimony regarding the applicant's job duties to be credible, contradicting the applicant's account of heavy lifting. The Board gave great weight to the WCJ's credibility determinations, as the judge observed the witnesses directly.

WCABPetition for ReconsiderationWCALJcredibility determinationcumulative traumaindustrial causationstock clerkMedtronicsACE USAExhibit 1
References
0
Case No. ADJ12180865
Regular
Dec 01, 2022

FRANCELIA DIAZ vs. MEDTRONIC, INC., ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the WCJ's order for an additional pain management QME panel. The Board found the applicant did not demonstrate good cause for the panel, as the current orthopedic QME's reports sufficiently addressed the applicant's diagnoses, including CRPS. The Board substituted new findings acknowledging the applicant's AOE/COE injuries but denying the request for a pain management QME panel.

Workers' Compensation Appeals BoardMedtronicInc.Ace American Insurance CompanyAdjudication Number ADJ12180865Petition for ReconsiderationAmended Opinion on DecisionFindings of Fact and OrderInjury AOE/COEQuality Control Inspector
References
10
Case No. ADJ2301385
Regular
May 29, 2009

SANDRA SILVA vs. MEDTRONIC, ACE PROPERTY AND CASUALTY COMPANY, adjusted by ESIS

This case involves a lien claimant seeking reconsideration of a workers' compensation award for medical treatment expenses. The claimant argued the judge miscalculated the reimbursement amount for treatment services based on the official fee schedule. The Appeals Board granted reconsideration, agreeing to amend the award to reflect the correct medical treatment reimbursement of $2,118.50. This decision was made despite a procedural delay in acknowledging the petition for reconsideration due to an electronic filing error.

Reinherz Chiropracticlien claimantreconsiderationmedical-legal feesmedical treatment expensesofficial medical fee scheduleEAMSShipley v. Workers' Comp. Appeals Bd.due processLabor Code section 5909
References
1
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
5
Case No. CV-24-1036
Regular Panel Decision
Sep 11, 2025

In the Matter of the Claim of Donna Brickner

Claimant Donna Brickner appealed a decision by the Workers' Compensation Board, which found she did not sustain a permanent total disability but rather a permanent partial disability of 90% following a work injury in 2019. The Workers' Compensation Law Judge initially found a permanent partial disability based on a carrier consultant's opinion that claimant was capable of sedentary work with significant restrictions. Claimant sought administrative review, arguing for a permanent total disability based on medical evidence. The Board affirmed its decision, relying on the claimant's treating physician's findings and the claimant's self-reported functional abilities, which indicated she was capable of greater activity than the carrier's consultant suggested, thus concluding there was insufficient credible medical evidence for a permanent total disability.

Workers' CompensationPermanent Partial DisabilityPermanent Total DisabilityMedical EvidenceLumbar Spine InjuryChronic Pain SyndromeSedentary Work RestrictionsDisability AssessmentAdministrative ReviewAppellate Decision
References
6
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