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

Case No. ADJ7099563, ADJ7825176
Regular
Mar 07, 2014

MARIA GONZALEZ (WIDOW) vs. THE GAP, INC. dba BANANA REPUBLIC, AMERICAN ZURICH INSURANCE C/O SPECIALTY RISK

The Workers' Compensation Appeals Board affirmed a prior decision finding that the deceased employee did not sustain an industrial injury to his nervous, cardiac, or hypertension systems. Furthermore, his death was determined not to be industrially caused, and his widow's claim for death benefits was denied. The Board found that the defendant's timely denial of the employee's inter vivos claim precluded the need for a separate denial of the death benefit claim arising from the same alleged injury. The Board also concluded that the applicant failed to present substantial medical evidence demonstrating industrial causation for the alleged conditions or the resulting death.

Workers' Compensation Appeals BoardMiguel Angel GonzalezMaria GonzalezThe Gap Inc.Banana RepublicAmerican Zurich Insuranceindustrial injurynervous systemcardiac systemhypertension
References
Case No. ADJ8949346, ADJ10021120
Regular
Aug 16, 2016

ANTHONY BERNARD EDWARDS (DEC) vs. CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Anthony Bernard Edwards, deceased, versus the City of Los Angeles and Los Angeles World Airports. This decision allows for further review of the factual and legal issues to ensure a just and reasoned outcome. All future communications regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through the Electronic Adjudication Management System. The order specifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed normally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONCITY OF LOS ANGELESLOS ANGELES WORLD AIRPORTSVAN NUYS DISTRICT OFFICEDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ2283954 (VNO 0432216), ADJ964608 (VNO 0389951), ADJ2772045 (VNO 0441677), ADJ4352593 (VNO 0497775), ADJ267752 (PAS 0040169), ADJ414407 (PAS 0040492), ADJ1160769 (VNO 0494740), ADJ2170521 (VNO 0465060), ADJ2143182 (VNO 0499960), ADJ2945284 (VNO 0408504)
Regular
Oct 13, 2015

SEAN HANSEN, LISA LAWSON, TIMOTHY GILBERT, CARLOS GONZALEZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and returned multiple lien claims against the City of Los Angeles to the trial level. The WCAB found that the Workers' Compensation Judge (WCJ) erred by applying collateral estoppel based on a prior decision in *Halaby v. City of Los Angeles*. The WCAB clarified that the doctrine of laches is fact-specific and a prior finding of laches does not preclude relitigation of the issue in new cases. Therefore, the defendant must prove the elements of laches independently for each current lien claim.

Workers' Compensation Appeals BoardPermissibly Self-InsuredPetition for ReconsiderationDecision After ReconsiderationLiensLachesCollateral EstoppelWCJHalaby v. City of Los AngelesNegotiated Rates
References
Case No. ADJ9052848, ADJ9052856
Regular
Dec 26, 2014

MARIA ROMERO vs. NORTHGATE GONZALEZ MARKETS, ARCH INSURANCE, ESIS, INC.

This case involves Maria Romero and her employer, Northgate Gonzalez Markets. A petition for reconsideration of a prior decision dated October 9, 2014, was filed. The petitioner has since withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalApplicantDefendantNorthgate Gonzalez MarketsArch InsuranceESIS Inc.ADJ9052848ADJ9052856
References
Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
Case No. ADJ2189918 (LBO 0387807)
Regular
Apr 20, 2017

RUDEEN PARKS vs. THE PORT OF LOS ANGELES, CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Rudeen Parks' petition for reconsideration, which alleged newly discovered evidence of fraud regarding a prior disability retirement. The Board found the petition lacked specificity and failed to meet the requirements for newly discovered evidence. Furthermore, the Board affirmed the WCJ's finding of 100% permanent disability, the award of lifetime indemnity benefits, and the directive for the defendant to handle attorney's fees and liens, noting issues like taxability are outside their jurisdiction.

Workers' Compensation Appeals BoardRudeen ParksPort of Los AngelesCity of Los AngelesFindings and AwardOpinion and OrderPetition for ReconsiderationAdministrative Law JudgeSecurity OfficerIndustrial Injury
References
Case No. ADJ9244329
Regular
Nov 23, 2016

MIGUEL AMADOR vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) dismissed Miguel Amador's Petition for Reconsideration. This dismissal was based on the petition's failure to comply with Labor Code section 5902 and relevant WCAB Rules. Specifically, the petition was inadequate because it did not set forth specific details of the grounds for reconsideration, failed to fairly state all material evidence, and lacked specific references to the record. The WCAB adopted the administrative law judge's report, which also would have led to denial on the merits had the procedural defects not resulted in dismissal.

WCABPetition for ReconsiderationDismissalLabor Code 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Skeletal PetitionUnjust or UnlawfulMaterial Evidence
References
Case No. ADJ10266933
Regular
Mar 13, 2023

AIDA GONZALEZ GONZALEZ vs. HOTEL YOUNTVILLE LLC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board has dismissed a Petition for Removal filed by the applicant. This dismissal is due to the petitioner's voluntary withdrawal of the petition. The original order addressed by the petition was issued on September 6, 2022. The Board issued its Opinion and Order on March 13, 2023, formally dismissing the action.

Petition for RemovalDismissedWorkers' Compensation Appeals BoardAdjudication NumberHotel Yountville LLCGallagher BassettAida Gonzalez GonzalezSan Francisco District OfficeCommissionerChair
References
Case No. ADJ7464284, ADJ7464287
Regular
Oct 18, 2012

MIGUEL ANGEL GARCIA vs. INTERNATIONAL WINDOW, ZURICH NORTH AMERICAN INSURANCE

This case concerns a workers' compensation claim where the applicant, Miguel Angel Garcia, disputes a denial of his cumulative injury claim based on a post-termination defense. The applicant argues an exception applies because his date of injury, determined by when he first suffered disability, occurred after his termination notice. The Appeals Board found the record incomplete, as crucial medical evidence was marked for identification only and never formally admitted. Therefore, the Board rescinded the previous decision and remanded the case for the Administrative Law Judge to rule on evidence admissibility and issue a new decision based on admitted evidence.

Labor Code section 3600(a)(10)post-termination claimLabor Code section 3600(a)(10)(D)exceptiondate of injuryLabor Code section 5412temporary disabilitycumulative injurysubstantial medical evidenceadmitted evidence
References
Case No. ADJ7464284
Regular
Aug 21, 2014

MIGUEL ANGEL GARCIA vs. INTERNATIONAL WINDOW, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board affirmed a prior award finding that Miguel Angel Garcia sustained industrial injuries to his back, neck, shoulders, and arms from cumulative trauma and a specific incident while employed by International Window. The Board found Dr. Donohue's medical reports constituted substantial evidence supporting the cumulative trauma finding and ongoing temporary disability. The Board also ruled that Garcia was permitted to select a new primary treating physician for his cumulative trauma claim, as he had not been properly notified of his prior physician's final determination for the specific injury. The defendant's contentions regarding lack of medical evidence, ongoing temporary disability, and improper physician selection were rejected.

Workers' Compensation Appeals BoardReconsiderationCumulative Trauma InjuryTemporary Total DisabilityStatute of LimitationsAffirmative DefenseMedical EvidencePrimary Treating PhysicianDispute Resolution ProceduresFindings Award and Order
References
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