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

Case No. ADJ1686112 (OAK 0339047)

Regular

Nov 20, 2018

CARLOS CALDERON vs. HERSHEY FOOD COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that only 20% of the GERD impairment was due to the industrial injury. The applicant argued the QME's apportionment report lacked substantial evidence, but the Board agreed with the WCJ that the doctor provided sufficient reasoning. The QME's report detailed the applicant's prior history of GERD and explained how NSAID prescriptions related to the work injury contributed to the current impairment. Therefore, the Board found the QME's opinions on apportionment and permanent disability to be substantial evidence.

Workers' Compensation Appeals BoardGERDapportionmentQMEPatricia WigginsM.D.permanent disability42% permanent disabilitygastritisNSAIDs

References

Case No. ADJ10931214

Regular

Apr 03, 2023

RAUL MAGDALENO (Deceased) PATRICIA MAGDALENO JESUS MAGDALENO vs. A&M FOWER GROWERS, INC., ZENITH INSURANCE COMPANY

This case concerns the denial of a Petition for Reconsideration by A&M Flower Growers, Inc. and Zenith Insurance Company regarding the death of Raul Magdaleno. The defendants contested the finding that Magdaleno sustained an industrial injury to his heart leading to his death on March 9, 2017. The Workers' Compensation Appeals Board (WCAB) adopted the Administrative Law Judge's (ALJ) report, which found that Magdaleno's use of NSAIDs for a work-related back strain, however minimal, was a contributing factor to his fatal heart attack. The WCAB relied on the credible testimony of the surviving spouse and the expert medical opinions of Dr. Weber, who opined that employment was a contributing cause without which the injury would not have occurred, citing relevant California Supreme Court precedent.

AOE/COEPetition for ReconsiderationFindings of FactWCJPanel QMEIndustrial CausationSouth Coast FramingMcAllisterNSAIDsContributing Cause

References

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CARLOS CALDERON vs. HERSHEY FOOD COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Workers' Compensation Appeals BoardGERDapportionmentQMEPatricia WigginsM.D.permanent disability42% permanent disabilitygastritisNSAIDs

RAUL MAGDALENO (Deceased) PATRICIA MAGDALENO JESUS MAGDALENO vs. A&M FOWER GROWERS, INC., ZENITH INSURANCE COMPANY

AOE/COEPetition for ReconsiderationFindings of FactWCJPanel QMEIndustrial CausationSouth Coast FramingMcAllisterNSAIDsContributing Cause