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

Case No. ADJ7884961
Regular
Aug 08, 2012

MICHAEL WETZLER vs. THESSALONIKA FAMILY SERVICES, AMTRUST

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings. This action is not a final decision on the merits, and parties can seek reconsideration of any subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelNeil P. SullivanRonnie G. Caplaine
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
Case No. ADJ8198058
Regular
May 14, 2019

MICHAEL DELGADO vs. SOUTHERN CALIFORNIA GAS COMPANY

This case involves a second petition for reconsideration by Southern California Gas Company challenging a 100% permanent disability award for Michael Delgado. The Appeals Board denied the petition, deeming it improper as a successive filing without new evidence. However, the Board clarified that the prior decision relied on the opinions of both Agreed Medical Examiners, supporting the finding of permanent total disability due to deconditioning. The vocational expert's opinion, consistent with applicant's testimony, also constituted substantial evidence for the award.

Workers' Compensation Appeals BoardSouthern California Gas CompanyMichael Delgadopermanent disabilitycumulative traumaEnergy Tech ResidentialAgreed Medical Examinervocational counselorvocational expertdeconditioning
References
Case No. ADJ 400686 (VNO 0499836)
Regular
Apr 18, 2016

MICHAEL CURZI vs. PHARMAVITE LLC, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) granted the applicant Michael Curzi's petition for reconsideration of a January 25, 2016 decision. This grant allows the WCAB further opportunity to thoroughly review the factual and legal issues presented. Consequently, all future filings related to this petition must be submitted directly to the WCAB Commissioners in San Francisco, not to any district office or through the EAMS. The WCAB emphasizes that no trial level actions, like approving settlements, can occur while the case is under their reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFURTHER PROCEEDINGSOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSPROPOSED SETTLEMENTSTIPULATIONS WITH REQUEST FOR AWARD
References
Case No. ADJ8590622
Regular
Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine
References
Case No. ADJ10195356
Regular
Dec 05, 2010

MICHAEL PEARSALL vs. CSJ SAIZ CONSTRUCTION, APPLIED RISK SERVICES

This Workers' Compensation Appeals Board case, ADJ10195356, involves Michael Pearsall as the applicant and CSJ Saiz Construction and Applied Risk Services as defendants. The Board issued an order dismissing the applicant's Petition for Removal. This dismissal is due to the petitioner voluntarily withdrawing the petition that sought removal of a prior decision.

Petition for RemovalDismissalApplicantDefendantCSJ Saiz ConstructionApplied Risk ServicesMichael PearsallADJ10195356Fresno District OfficeAugust 16 2016
References
Case No. ADJ4365742 (LBO 0352703) ADJ4152332 (LBO 0357943) ADJ940369 (LAO 0870317)
Regular
Mar 04, 2011

MICHAEL SUMMERS vs. NATIONWIDE PAPERS, SEDGWICK CLAIMS MANAGEMENT

This case concerns applicant Michael Summers' petition for reconsideration of a workers' compensation award for a right knee injury sustained in 1998. The administrative law judge (WCJ) found the applicant's permanent disability arose solely from the 1998 injury and was correctly rated under the 1997 schedule. Applicant argued for a single award for multiple injuries, including a later one, and use of the AMA Guides, but the WCJ relied on the treating physician's opinion that only the 1998 injury caused disability. The Appeals Board affirmed the WCJ's decision, finding the 1997 schedule properly applied based on pre-2005 medical reports.

Workers Compensation Appeals BoardNationwide PapersSedgwick Claims ManagementMichael SummersTruck DriverIndustrial InjuryRight KneePermanent DisabilityApportionmentDr. Rothi
References
Case No. ADJ7148345
Regular
Mar 04, 2011

MICHAEL KELLEY vs. GREEN WASTE CONNECTIONS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Kelley's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if it had been verified, the petition would have been denied on its merits based on the administrative law judge's report. Therefore, the petition is formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial on the MeritsADJ7148345Green Waste Connections
References
Case No. ADJ862717 (LAO 0688164)
Regular
Oct 13, 2010

MICHAEL WORDEN vs. GARDENA POLICE DEPARTMENT, CORVEL CHINO, ADMINSURE DIAMOND BAR

This case involves Michael Worden's petition for reconsideration before the Workers' Compensation Appeals Board. The Board is dismissing the petition because it was not properly verified as required by Labor Code section 5902. Even if it had been verified, the Board would have denied the petition on its merits, adopting the Administrative Law Judge's reasoning. Therefore, the petition is dismissed.

Petition for ReconsiderationNot VerifiedLabor Code Section 5902DismissalReport and RecommendationWorkers' Compensation Appeals BoardWCJMeritsGardena Police DepartmentCorvel Chino
References
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