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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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
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. ADJ1525428
Regular
Aug 20, 2013

Raymond Barrios vs. Irwin Industries, Inc., California Insurance Guarantee Association, For California Compensation Insurance Company, In Liquidation, Mobil Corporation, Petroleum Casualty Company

The Workers' Compensation Appeals Board (WCAB) vacated an arbitrator's findings due to an incomplete arbitration file, lacking essential evidence and documentation. The WCAB found the arbitrator failed to comply with regulations requiring minutes of hearing, stipulations, and a summary of evidence. Consequently, the WCAB rescinded the arbitrator's decision and returned the case to the trial level for further proceedings. The prior order compelling arbitration was also vacated, allowing parties to resubmit to arbitration if desired.

WCABCIGAarbitrationreconsiderationarbitration fileminutes of hearingsummary of evidencedocumentary evidencetestimonial evidencestipulated facts
References
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ11446749; ADJ11446748
Regular
Apr 28, 2023

STEVEN CORSARO vs. MENTOR NETWORK, AMERICAN HOME ASSURANCE, SEDGWICK

The Workers' Compensation Appeals Board rescinded a previous decision that found the applicant did not sustain an industrial injury to his right leg. The Board returned the case to the trial level due to an inadequate record, as the Workers' Compensation Judge failed to prepare necessary documentation and admit key evidence. Furthermore, the Board noted that medical evidence is required to establish causation for repetitive traumatic injuries, and lay testimony alone is insufficient for this determination. Therefore, further proceedings are necessary to develop both the factual and medical records before a new decision can be rendered.

AOE/COEReconsiderationFindings and OrderWCJPQMELay testimonyMedical evidenceLabor Code § 5313Minutes of HearingSummary of Evidence
References
Case No. ADJ2790090 (LAO 0278759) ADJ2006433 (LAO 0799986)
Regular
Aug 01, 2011

ORANGE PORTER vs. WESTEC GEAR CORPORATION, CNA CASUALTY OF CALIFORNIA

This case involves competing petitions for reconsideration of a workers' compensation award. The primary issue is the lack of a complete record, specifically the absence of served Minutes of Hearing and Summary of Evidence, which prevents meaningful review. Consequently, the Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings and a new decision. The parties raised various contentions regarding injury findings, apportionment, and indemnity rates, which will be addressed on remand.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryCervical SpineLumbar SpineUpper ExtremitiesBilateralLeft Lower ExtremityPsyche
References
Case No. ADJ2219069 (VNO 0399870)
Regular
Jun 18, 2012

STANLEY VENTUS vs. BFI/ALLIED WASTE INDUSTRIES, AMERICAN HOME ASSURANCE, administered by CHARTIS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration due to deficiencies in the trial record. The original findings allowed the applicant to pursue additional disability claims beyond the five-year statute of limitations, but the Board found it could not meaningfully review the decision. Crucially, the adjudication file lacked essential documents like the Minutes of Hearing and Summary of Evidence, and no exhibits were formally admitted. Therefore, the case is returned to the trial level for further proceedings and a new decision with a proper record.

Petition to ReopenStatute of LimitationsNew and Further DisabilityStipulations With Request For AwardWCJ FindingsMedical ReportsAdmitted EvidenceAdjudication FileMinutes of HearingSummary of Evidence
References
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