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

Case No. ADJ11278893
Regular
May 24, 2019

JOHN RESPASS vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied reconsideration of an administrative law judge's decision that the employer offered the applicant modified work. The majority found the employer's supervisor's testimony credible over the applicant's regarding accommodations for his work restrictions, noting that modified duty issues do not always require expert testimony. A dissenting commissioner argued that insufficient medical and vocational evidence existed to determine if the offered work was compatible with the applicant's restrictions. The dissent advocated for further development of the record to ensure substantial justice.

Modified dutyCredibility determinationLay testimonySwivel chairSwiveling tableSelf-modifyWork restrictionsCumulative trauma injuryTemporary disabilityVocational expert
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. SAC 0282000; SAC 0354233
Regular
Jun 03, 2008

JON EDWARDS vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge, finding the applicant deputy sheriff is not entitled to Labor Code section 4850 benefits or temporary disability for time missed from work. This decision is based on the finding that the applicant was provided with full or modified duty work during the periods in question, according to medical reports. Therefore, the applicant's claim for wage replacement benefits for these periods was denied.

Labor Code section 4850Deputy SheriffTemporary DisabilityFull DutyModified DutyMedical AppointmentsIndustrial InjuryPermanent and StationaryWage ReplacementMedical Reports
References
Case No. SDO 0343165
Regular
Nov 21, 2007

ROSARIO ARRIAGA vs. THE EASTRIDGE GROUP, AMERICAN HOME ASSURANCE COMPANY

This case involves an employer's petition for reconsideration of an award for temporary disability benefits for an injured assembler. The employer argued the applicant was terminated for good cause unrelated to her injury and that modified duties would have been available. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's findings. The Board found the employer failed to present credible evidence of available modified duty and that the applicant's termination was not proven to be for "good cause" based on conflicting testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total DisabilityModified DutyTermination for Good CauseIndustrial InjuryNeck InjuryBack InjuryShoulder Injury
References
Case No. ADJ10713529
Regular
Nov 30, 2017

MARIA SOSA vs. CINTAS CORPORATION, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY OF AMERICA, SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant entitled to temporary total disability. The Board found insufficient evidence regarding applicant's specific job duties and whether they conflicted with the agreed medical evaluator's work restrictions. Therefore, the case is returned to the trial level for further development of the record, specifically for the AME to review a detailed job analysis. This is to determine if applicant could have continued her usual and customary duties but for her termination for cause.

Temporary total disabilityPetition for ReconsiderationFindings and AwardAgreed Medical Evaluator (AME)Work restrictionsTermination for causeJob dutiesFurther proceedingsDevelop the recordModified work
References
Case No. ADJ17550375; ADJ17550386
Regular
Jul 29, 2025

JOHN RICHARD SEDANO vs. LIVE ACTION GENERAL ENGINEERING INC.; NATIONAL CASUALTY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a 'Findings of Fact, Award & Order' (F&A) issued on March 24, 2025, by a WCJ, and issued a Notice of Intent to impose sanctions. The WCJ had found that the defendant did not provide a bona fide offer of modified duty to the applicant, John Richard Sedano, and awarded temporary disability. Defendant argued that temporary disability should not have been awarded because an offer of work was made, the award lacked substantial medical evidence, and the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664. The WCAB affirmed the March 24, 2025 F&A and imposed sanctions of $750.00$ jointly and severally against the employer, insurer, administrator, and their attorneys for errors in the petition for reconsideration, including failure to cite the evidentiary record, improperly attaching documents, raising new issues, and citing non-existent legal authority. The Board also found the defendant was equitably estopped from asserting the modified work offer as a bar to temporary disability, and that the modified work offer was independently invalid due to a conflict in medical restrictions.

Temporary DisabilityModified DutyBona Fide OfferApportionmentLabor Code Sections 4663Labor Code Sections 4664SanctionsEquitable EstoppelMaximum Medical ImprovementWork Restrictions
References
Case No. OXN 122370, OXN 145516
Regular
Nov 09, 2007

MARTHA BOLANOS vs. ADVANCED MOTION CONTROL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's claim for workers' compensation benefits for industrial injuries to her wrist, arm, shoulder, and neck. The Appeals Board granted reconsideration, specifically modifying the temporary disability indemnity period to end on the applicant's permanent and stationary date of December 21, 2004, based on medical evidence. The Board also affirmed the WCJ's finding on the cumulative trauma period, determining that the applicant's injurious exposure ended when she was placed on modified duty prior to her last day of employment.

CIGAFremont Compensation Insurance Companyliquidationpermanent and stationary datetemporary disability indemnitycumulative traumaAgreed Medical Examiner (AME)Labor Code section 4651.1rehabilitiation appealdeferred jurisdiction
References
Case No. ADJ8890531
Regular
Jan 10, 2014

HECTOR RODRIGUEZ vs. G & F ROOFING SUPPLY, INC., STATE COMPENSATION INSURANCE FUND

This case involves Hector Rodriguez's workers' compensation claim following a lumbar spine injury. The applicant appeals the denial of temporary total disability payments, arguing the employer's modified work offer was improper. The employer provided a sales position at a higher wage initially, but reduced the pay when the applicant failed to perform all assigned duties, which the judge found unrelated to his injury. The Board adopted the judge's report and denied the petition for reconsideration, finding the employer made a proper modified work offer and the applicant abandoned his job.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability RateTemporary Total DisabilityModified DutyJob PerformanceCredibility of WitnessesWage Loss CompensationJob AbandonmentLumbar Spine Injury
References
Case No. ADJ 7762176
Regular
Nov 07, 2011

MARTIN ESPARZA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant with an admitted industrial injury who was medically cleared for modified duty. The employer refused to rehire the applicant due to his inability to provide documentation of his legal U.S. work status, despite having available modified work. The applicant is receiving temporary disability benefits, which the employer seeks to terminate, arguing the applicant is partially disabled and his inability to work is due to immigration status, not the injury. The Workers' Compensation Judge recommended denying the employer's petition, citing that California law extends all state protections to employees regardless of immigration status.

Workers Compensation Appeals BoardTemporary Disability BenefitsLegally EmployableModified DutyAlternate WorkImmigration StatusUndocumented WorkerLawfully EmployedSocial Security NumberIndustrial Injury
References
Case No. ADJ9140416
Regular
Oct 10, 2014

MARIA FITZPATRICK vs. ANTELOPE VALLEY UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The Board affirmed the original award of temporary disability indemnity benefits to the applicant, Maria Fitzpatrick. This award was based on her lost earning capacity during summer months, as she was prevented from performing modified work due to her industrial injury. The majority found the applicant credible regarding her inability to secure summer employment due to her injury and the defendant's actions. One commissioner dissented, arguing the applicant failed to prove she applied for or would have worked during the summer months in question.

Temporary Disability IndemnityFindings of Fact and AwardPetition for ReconsiderationWCJ credibilityModified WorkMedical LeaveEarning CapacitySummer WorkIndustrial InjuryBurden of Proof
References
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