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

Case No. ADJ6488616 ADJ6594232 ADJ6619612
Regular
Apr 20, 2003

Esperanza Navarro vs. MERVYNS, TRAVELLERS

The Workers' Compensation Appeals Board denied Esperanza Navarro's petition for reconsideration in cases ADJ6488616, ADJ6594232, and ADJ6619612. The Board adopted the findings and reasoning of the workers' compensation administrative law judge. This decision upholds the original ruling, denying Navarro's request for further review.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ6488616ADJ6594232ADJ6619612Esperanza NavarroMervynsTravellers
References
Case No. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
Case No. ADJ7263382
Regular
Dec 24, 2015

Grace Navarro vs. CITY OF OXNARD HOUSING AUTHORITY, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE, AMERICAN CLAIMS MANAGEMENT, DELOS INSURANCE, IMPERIUM INSURANCE, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board reviewed a dispute over which insurance carrier was liable for applicant Grace Navarro's cumulative trauma injury. The initial arbitrator found only Pennsylvania Manufacturers Association Insurance Company liable, excluding Delos Insurance. Pennsylvania Manufacturers sought reconsideration, arguing Delos should share liability based on its coverage period. After reviewing the complete evidence, the Appeals Board affirmed the original arbitrator's decision, finding Pennsylvania Manufacturers solely liable.

WORKERS' COMPENSATION APPEALS BOARDGRACE NAVARROCITY OF OXNARD HOUSING AUTHORITYPENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCEDELOS INSURANCEIMPERIUM INSURANCEATHENS ADMINISTRATORSADJ7263382RECONSIDERATIONCUMULATIVE TRAUMA
References
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
Case No. ADJ8004147, ADJ8004039
Regular
Jul 25, 2016

NOE GUDINO vs. JUAN NAVARRO dba NAVARRO'S TREE SERVICE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns applicant Noe Gudino's petition for reconsideration of two adverse Findings of Fact and Orders denying claims for cumulative and specific work injuries. Although Gudino's claims were initially presumed compensable under Labor Code section 5402, the defendant successfully rebutted this presumption. The Appeals Board denied reconsideration, finding that any alleged evidentiary errors were invited by the applicant, and affording significant weight to the Workers' Compensation Judge's credibility determinations.

Workers' Compensation Appeals BoardNoe GudinoJuan NavarroUninsured Employers Benefits Trust FundFindings of Fact and OrdersCumulative InjurySpecific InjuryAOE/COELabor Code Section 5402Presumption of Compensability
References
Case No. ADJ9836001; ADJ9836002 ADJ9836004; ADJ9836542 ADJ10301695
Regular
Sep 28, 2016

BEATRIZ HERNANDEZ vs. RAMCO ENTERPRISES

This case concerns whether the applicant is entitled to a new Qualified Medical Evaluator (QME) for a later reported injury. The defendant argued that under *Navarro v. City of Montebello*, the same QME should evaluate all injuries reported prior to an initial evaluation. However, the Board found *Navarro* distinguishable because the applicant's fifth injury was reported *after* the initial QME evaluation, despite occurring earlier. Therefore, the applicant is entitled to a new PQME for the later reported injury, and the defendant's petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderQualified Medical Evaluator (QME)Panel QME (PQME)Navarro v. City of MontebelloLabor CodeMedical-Legal EvaluationsApplication for Adjudication of ClaimDeclaration of Readiness to Proceed
References
Case No. ADJ1128865 (VNO 0244369), ADJ1909887 (VNO 0181430)
Regular
Jan 09, 2012

JOE NAVARRO vs. LOCKHEED MARTIN

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Joe Navarro's claims against Lockheed Martin. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found Navarro to be an unreliable historian with significant symptom magnification. Consequently, the Board denied injury claims for heart and high blood pressure, and upheld a 27% permanent disability award for a psyche injury, based on the judge's credibility findings.

ADJ1128865ADJ1909887plastic parts fabricatorplastic parts fabricator supervisorcontinuous traumapsyche injurypermanent disabilitynon-industrial apportionmentcredible historiansymptom magnification
References
Case No. ADJ8336436
Regular
Mar 25, 2016

CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Carmen Navarro's petition for reconsideration. Navarro sought to establish her right knee injury as a compensable consequence of a prior admitted left knee injury. The WCJ's report, adopted by the WCAB, found the right knee injury to be non-industrial. Medical evidence, particularly from QME Dr. Williamson, indicated the right knee pain arose independently in August 2013, distinct from the earlier left knee injury and treatment period. The Board specifically rejected any consideration of "rashly undertaken" activity as irrelevant to the legal analysis.

WCABPetition for ReconsiderationWorkers' Compensation Appeals BoardVenice Community Housing CorporationAthens AdministratorsADJ8336436Los Angeles District OfficeWCJcompensable consequenceleft knee injury
References
Case No. ADJ1530005 (AHM 0136961)
Regular
Jun 29, 2012

IRENE NAVARRO vs. ROWLAND UNIFIED SCHOOL DISTRICT; YORK

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration. The WCAB adopted the administrative law judge's report and found the petition unintelligible, failing to meet requirements for specific evidence references. Specifically, the lien claimant made unsupported allegations regarding physician referrals and guideline compliance. Therefore, the petition was denied.

WORKERS' COMPENSATION APPEALS BOARDIRENE NAVARROROWLAND UNIFIED SCHOOL DISTRICTYORKADJ1530005ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJWCAB Rule 10842
References
Case No. ADJ6883613, ADJ6883614
Regular
Sep 07, 2016

GERARDO NAVARRO vs. LAW OFFICES OF MOISES VASQUEZ, THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original Findings and Award. The Board found that the WCJ erred by not properly apportioning permanent disability between two claimed industrial injuries and non-industrial factors. Specifically, the Board requires clarification on how psychiatric and erectile dysfunction disability were apportioned and whether all body part injuries were medically substantiated. The case is returned to the trial level for further proceedings to address these deficiencies and ensure a record supports a final determination.

ADJ6883613ADJ6883614Gerardo NavarroLaw Offices of Moises VasquezThe HartfordPetition for ReconsiderationFindings and Awardindustrial injurylow backpsyche
References
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