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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ7762783
Regular
Jul 24, 2015

JAMES MATLOCK vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, finding that James Matlock sustained 100% permanent disability solely from his July 14, 2004 injury to his low back, neck, headaches, and left shoulder. This decision overrules the prior finding of 78% permanent disability for that injury. The Board affirmed the separate award for the August 25, 2005 injury to his right shoulder, as separate injuries to different body parts or upper extremities do not violate the 100% combined disability limit. The case is returned to the trial level for a new final award.

Permanent Total DisabilityPetition for ReconsiderationFindings and AwardsIndustrial InjuryPermanent DisabilityLow BackNeckHeadachesLeft Non-Dominant ShoulderRight Dominant Shoulder
References
Case No. ADJ182223 (WCK 0010755) ADJ2640291 (OAK 0313072) ADJ2670444 (OAK 0331911)
Regular
Mar 27, 2009

CLAIRE SCHLOENVOGT vs. GRANNY GOOSE FOODS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY SERVICING AGENCY, CAMBRIDGE SAN DIEGO, FREMONT INDEMNITY IN LIQUIDATION, TRAVELERS

This case involves applicant Claire Schloenvogt's workers' compensation claims, specifically concerning injuries to his shoulders, neck, and back. The California Insurance Guarantee Association (CIGA) sought reconsideration of a decision that denied a cumulative trauma injury claim ending on October 31, 1999. The Appeals Board granted reconsideration, finding that the Agreed Medical Examiner's (AME) opinion supported a cumulative trauma injury based on the applicant's 30 years of employment. The case is returned to the trial level for further proceedings to include this cumulative trauma injury finding.

Workers' Compensation Appeals BoardClaire SchloenvogtGranny Goose FoodsCalifornia Insurance Guarantee AssociationFremont IndemnityTravelerscumulative trauma injurybilateral shouldersneckback
References
Case No. ADJ10079020 (MF), ADJ10071976
Regular
Dec 04, 2020

JOSE REYES vs. SCHMIDBAUER LUMBER

The Workers' Compensation Appeals Board rescinded the prior Findings and Awards in two cases, ADJ10071976 (bilateral knees) and ADJ10079020 (neck, back, shoulders), due to unresolved issues regarding permanent disability, apportionment, and medical treatment. The Board found that the Workers' Compensation Judge's reliance on specific medical opinions was insufficient and required further development of the medical record. The Board also rejected the applicant's argument regarding Labor Code section 5402, as that presumption was not properly raised and stipulations indicated disputes on key issues. The cases are returned to the trial level for further proceedings and new decisions by the WCJ.

Workers' Compensation Appeals BoardReconsiderationApportionmentMedical TreatmentPermanent DisabilityIndustrial InjuryBilateral KneesNeckBackRight Shoulder
References
Case No. SFO 0495098
Regular
Jan 14, 2008

SALVADOR GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended the original award, reducing the applicant's permanent disability rating from 29% to 17%. This decision was based on the persuasive opinion of one medical evaluator who found minimal neck complaints, deeming a prior report stale and lacking substantial evidence regarding neck impairment. Consequently, the applicant's permanent disability indemnity was reduced to $15,023.64.

Salvador GarciaAble Building MaintenanceZurich North America Insurance CompanySFO 0495098Opinion and Order Granting ReconsiderationFindings and Awardindustrial injuryshouldersneckjanitor
References
Case No. ADJ361383
Regular
Apr 17, 2009

LINNIE WALLIN vs. COUSIN GARYS FACTORY BUILT HOMES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended an administrative law judge's finding, specifically removing the finding of industrial injury to the applicant's left shoulder. While the applicant experienced left shoulder symptoms due to a fall, medical evaluations did not establish causation or a need for treatment for the shoulder itself. However, the Board affirmed the prior finding of 20% permanent disability, based on the applicant's neck injury, as detailed in the judge's report.

Workers' Compensation Appeals BoardLINNIE WALLINCOUSIN GARYS FACTORY BUILT HOMESZENITH INSURANCE COMPANYAmended Findings and AwardRECONSIDERATIONINDUSTRIAL INJURYNECKLEFT SHOULDERPERMANENT DISABILITY
References
Case No. ADJ3691698 (SFO 0463767)
Regular
May 22, 2009

FAITH LATIMER vs. CALIFORNIA PACIFIC MEDICAL CENTER; permissibly self-insured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an injury sustained by applicant Faith Latimer. The defendant sought to introduce new evidence of a subsequent injury and diagnostic testing, claiming it impacted applicant's credibility and the prior decision. However, the Board found the defendant failed to meet the requirements for newly discovered evidence under WCAB Rule 10856, as they did not demonstrate how the evidence could not have been discovered earlier or its effect on the prior findings. The Board concluded the new evidence would not alter the decision awarding temporary disability and medical treatment for the initial injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationReopeningIndustrial InjuryRight ShoulderLow BackNeckLeft ShoulderCompensable ConsequenceTotal Temporary Disability
References
Case No. ADJ1904323 (GRO 0034275) ADJ3208896 (GRO 0034276) ADJ649343 (GRO 0034277)
Regular
Nov 01, 2010

SARAH SHIPP vs. GOTTSCHALKS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration, rescinding the prior award due to the Workers' Compensation Judge's (WCJ) improper reliance on an Agreed Medical Evaluator's (AME) hernia analogy to rate upper extremity impairment. This analogy violated *Almaraz II* by not adhering to the AMA Guides and potentially incorporating pre-2005 rating schedules. The rater also used an incorrect impairment number and occupational adjustment. The case is remanded for further proceedings and a new decision by the WCJ, ensuring the rating is not based on the flawed hernia analogy.

Workers' Compensation Appeals BoardSarah ShippGottschalksSpecialty Risk ServicesJoint Findings and Awardindustrial injuryright shoulderleft shoulderright elbowthumb
References
Case No. VNO 0428535
Regular
Nov 19, 2007

KATHERINE GRAMMER vs. LOS ANGELES COMMUNITY COLLEGE DISTRICT, LOS ANGELES VALLEY COLLEGE, SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

The applicant sustained industrial injuries to her back, neck, right shoulder, and regional pain syndrome, but not fibromyalgia, according to the WCJ's findings. The WCJ awarded temporary partial disability from January 27, 2001, to February 12, 2003, but found zero percent permanent partial disability and no temporary disability indemnity due to increased earnings post-injury. Upon reconsideration, the Appeals Board affirmed the WCJ's decision, adopting the WCJ's reasoning.

GrammerLos Angeles Community College DistrictLos Angeles Valley CollegePetition for ReconsiderationFindings and Awardindustrial injurybackneckshoulderregional pain syndrome
References
Case No. ADJ1756675 (STK 0194632) ADJ2792711 (STK 0194633)
Regular
Sep 21, 2009

Scott Davis vs. RMC PACIFIC MATERIALS, INC., TRAVELERS INDEMNITY OF ILLINOIS

The applicant sought reconsideration of a Joint Findings and Award concerning industrial injuries to his right arm, shoulder, neck, psyche, and right foot/ankle. The WCJ deferred the issue of permanent disability for further medical development. The applicant's petition for reconsideration, which challenged this deferral, was dismissed. This dismissal was based on the principle that reconsideration can only be sought from a final order, and the WCJ's deferral of issues for further development is an interlocutory procedural decision. The applicant may seek reconsideration of a final award once permanent disability is determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWelder/MechanicRight ArmShoulderNeckPsycheTemporary Disability
References
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