Updated Daily

Case Law Database

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

Case No. ADJ351902 (OAK 310455) ADJ2725303 (OAK 324531)

Regular

Sep 30, 2008

PHILMORE KING vs. RANEY GEO TECHNICAL, ST. PAUL FIRE & MARINE INSURANCE COMPANY

The WCAB affirmed the WCJ's decision to apply the 1997 disability rating schedule because a treating physician's report indicated permanent disability before January 1, 2005, despite not stating the condition was permanent and stationary.

Workers' Compensation Appeals BoardPhilmore KingRaney Geo TechnicalSt. Paul Fire & Marine Insurance CompanyOpinion and Decision After ReconsiderationFindings Award & OrderWorkers' Compensation Administrative Law JudgeWCJIndustrial InjurySpine Injury

References

Case No. ADJ 3279736 (MON 295414)

Regular

Nov 17, 2008

SONDRA BURTON vs. PITNEY BOWES, ESIS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's award of 45% permanent disability. This decision affirmed the judge's reliance on agreed medical evaluator Dr. Angerman's apportionment, which attributed one-third of the disability to non-industrial degenerative factors. The Board found Dr. Angerman's apportionment to be supported by substantial evidence despite the applicant's arguments for further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryBilateral Upper ExtremitiesPermanent DisabilityApportionmentAgreed Medical EvaluatorAlexander Angerman M.D.Degenerative Pathology

References

Case No. ADJ14466153

Regular

Oct 21, 2025

JESSE CRUZ vs. BRISTOL INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant Jesse Cruz sought reconsideration of a WCJ's June 3, 2022 Findings and Order (F&O), which found he did not sustain an industrial injury to his back, hips, legs, and feet while employed by Bristol Industries on June 17, 2020. The Appeals Board previously granted reconsideration to further study the case and found the applicant's petition for reconsideration was timely filed. Citing insufficient medical evidence on the issue of injury and a lack of clear analysis in the WCJ's credibility determination, the Board rescinded the F&O and remanded the matter to the trial level for further proceedings, including obtaining expert medical opinion on the injury and a more detailed credibility analysis by the WCJ.

AOE/COEPetition for ReconsiderationAdjudication NumberFindings and OrderWCJReconsiderationFurther ProceedingsBack PainPeripheral NeuropathyLumbar MRI

References

Case No. ADJ1644038 (VNO 0526507)

Regular

Mar 11, 2014

LAMONT COX vs. TALENT PARTNERS, ESIS/ACE/U.S.A.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address applicant Lamont Cox's petition. The WCAB amended the temporary disability award to the current maximum rate of $1,074.64 per week, affirming the denial of industrial injury for headaches and sleep disorders based on persuasive medical evidence. However, the WCAB found the Agreed Medical Examiner's apportionment of 90% of cervical disability to non-industrial factors insufficient and deferred permanent disability determination pending further record development regarding apportionment.

Workers' Compensation Appeals BoardReconsiderationStunt CoordinatorStunt PerformerPermanent DisabilityApportionmentNon-Industrial FactorsTemporary DisabilityAgreed Medical ExaminerRotator Cuff Tear

References

Case No. ADJ3705124 (VNO 0496493)

Regular

Jul 09, 2015

Dusty Glenn Garman vs. California Department of Corrections, California Substance Abuse Treatment Facility; Subsequent Injuries Benefits Trust Fund

The Appeals Board reversed a WCJ's decision, finding that applicant Dusty Glenn Garman had preexisting permanent disability or impairment prior to his industrial injury. This finding was based on substantial medical evidence, including deposition testimony from Dr. Markovitz and cardiac catheterization lab results, indicating significant coronary artery stenosis. Consequently, the Board determined that the Subsequent Injuries Benefits Trust Fund (SIF) is liable for benefits as the applicant met the statutory thresholds for such liability.

Subsequent Injuries Benefits Trust FundPreexisting permanent disabilityRetroactive prophylactic work restrictionCoronary artery diseaseApportionmentHeart troubleLabor Code § 4751Labor Code § 3212.2Medical evidenceStenosis

References

Case No. ADJ12225936

Regular

Apr 03, 2023

JENNIFER MENDEZ vs. WESTERN INN HOTEL, AMERICAN AUTOMOBILE INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its findings to include injury arising out of and in the course of employment (AOE/COE) to the applicant's coccyx, based on AME Dr. Wood's reports of a fractured coccyx and a fall. Despite this finding, the Board affirmed the denial of temporary disability benefits due to a lack of corroborating medical evidence and inconsistencies in the applicant's testimony regarding work restrictions and physician referrals. The Board also clarified that the applicant failed to prove industrial injuries to her hips, buttocks, and hernia. The decision emphasizes the necessity of medical evidence for temporary disability claims and questions the applicant's credibility.

Coccyx injuryIndustrial fallRadicular symptomsForaminal stenosisPetition for ReconsiderationAgreed Medical Evaluator (AME)Temporary disabilityMedical evidenceCredibility assessmentLabor Code 5903

References

Case No. ADJ10286078

Regular

Aug 03, 2018

DOROTHY VARELLAS vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT

This case involves a workers' compensation claim where the defendant sought reconsideration of a prior award concerning the applicant's temporary total disability (TTD) periods. The appeals board granted reconsideration to clarify the TTD periods. Ultimately, the Board affirmed the original award but amended it to establish TTD from May 31, 2016, to July 21, 2016, and again from February 23, 2017, to May 9, 2017, with corresponding permanent and stationary dates. The decision addressed arguments regarding the timeliness and verification of the petition for reconsideration.

Permanent and stationary dateTemporary total disabilityPetition for reconsiderationAgreed Medical Examiner (AME)Treating physicianMedical evidenceDeposition testimonyWCJWorkers' Compensation Appeals Board (WCAB)Low back injury

References

Case No. ADJ8578354

Regular

Jan 27, 2014

KURT SCHWARZ vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS, HIGH DESERT STATE PRISON, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Appeals Board granted reconsideration to address the defendant's contention that the original award of 30% permanent disability should have been apportioned. The Board found Dr. McCoy's apportionment opinion deficient for lacking sufficient detail and reasoning, thus not constituting substantial evidence. Consequently, the Board rescinded the findings related to permanent disability and apportionment, returning the matter for further development of the record. The Board also addressed the applicability of Labor Code section 4658(d) concerning permanent disability benefit adjustments, noting potential issues with notice and evidence.

Workers' Compensation Appeals BoardStationary EngineerIndustrial InjuryCervical SpinePermanent DisabilityApportionmentQualified Medical EvaluatorNonindustrial CausationLabor Code Section 4658(d)Medical Opinion

References

Case No. ADJ7207861

Regular

May 06, 2011

STEVE TORDINI vs. JAMES DIEDRICH, PREFERRED EMPLOYERS INS. CO.

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred in relying on the treating physician's opinion over the PQME's regarding permanent disability and apportionment. The Board found the treating physician's opinion unsubstantiated, as it included unqualified legal conclusions and improperly utilized AMA Guides criteria for apportionment. Consequently, the WCAB rescinded the prior award and returned the case for a new decision, directing the WCJ to base findings on the PQME's report. A dissenting opinion argued that both medical opinions were flawed and recommended further medical development.

PQMEWCJWPIapportionmentLabor Code sections 46634664Almaraz IIAMA GuidesDRE Lumbar Category IVdisc protrusion

References

Case No. FRE 0219842

Regular

Mar 11, 2008

ELBEY LONERO vs. MERCED TRANSPORTATION, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reversed an administrative law judge's decision regarding the applicant's temporary disability end date, finding it should be March 24, 2005, based on an agreed medical evaluator's opinion. The WCAB affirmed the use of the 1997 Permanent Disability Rating Schedule, finding that a treating physician's pre-2005 report indicated permanent disability. Finally, despite the adjusted temporary disability period, the defendant was denied credit for overpayments, as the applicant acted in good faith and the payments were continued after receiving the AME's report.

WORKERS' COMPENSATION APPEALS BOARDELBEY LONEROMERCED TRANSPORTATIONINC.STATE COMPENSATION INSURANCE FUNDCase No. FRE 0219842OPINION AND DECISION AFTER RECONSIDERATIONbus driverindustrial injurylow back

References

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Updated Daily

Case Law Database

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

Case No. ADJ351902 (OAK 310455) ADJ2725303 (OAK 324531)

Regular

Sep 30, 2008

PHILMORE KING vs. RANEY GEO TECHNICAL, ST. PAUL FIRE & MARINE INSURANCE COMPANY

References

Case No. ADJ 3279736 (MON 295414)

Regular

Nov 17, 2008

SONDRA BURTON vs. PITNEY BOWES, ESIS

References

Case No. ADJ14466153

Regular

Oct 21, 2025

JESSE CRUZ vs. BRISTOL INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

AOE/COEPetition for ReconsiderationAdjudication NumberFindings and OrderWCJReconsiderationFurther ProceedingsBack PainPeripheral NeuropathyLumbar MRI

References

Case No. ADJ1644038 (VNO 0526507)

Regular

Mar 11, 2014

LAMONT COX vs. TALENT PARTNERS, ESIS/ACE/U.S.A.

Workers' Compensation Appeals BoardReconsiderationStunt CoordinatorStunt PerformerPermanent DisabilityApportionmentNon-Industrial FactorsTemporary DisabilityAgreed Medical ExaminerRotator Cuff Tear

References

Case No. ADJ3705124 (VNO 0496493)

Regular

Jul 09, 2015

Dusty Glenn Garman vs. California Department of Corrections, California Substance Abuse Treatment Facility; Subsequent Injuries Benefits Trust Fund

References

Case No. ADJ12225936

Regular

Apr 03, 2023

JENNIFER MENDEZ vs. WESTERN INN HOTEL, AMERICAN AUTOMOBILE INSURANCE CO.

Coccyx injuryIndustrial fallRadicular symptomsForaminal stenosisPetition for ReconsiderationAgreed Medical Evaluator (AME)Temporary disabilityMedical evidenceCredibility assessmentLabor Code 5903

References

Case No. ADJ10286078

Regular

Aug 03, 2018

DOROTHY VARELLAS vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT

References

Case No. ADJ8578354

Regular

Jan 27, 2014

KURT SCHWARZ vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS, HIGH DESERT STATE PRISON, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

References

Case No. ADJ7207861

Regular

May 06, 2011

STEVE TORDINI vs. JAMES DIEDRICH, PREFERRED EMPLOYERS INS. CO.

PQMEWCJWPIapportionmentLabor Code sections 46634664Almaraz IIAMA GuidesDRE Lumbar Category IVdisc protrusion

References

Case No. FRE 0219842

Regular

Mar 11, 2008

ELBEY LONERO vs. MERCED TRANSPORTATION, INC., STATE COMPENSATION INSURANCE FUND

References

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