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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ9141002 [death claim] ADJ6796445 [inter vivos]
Regular
Jan 16, 2014

RAMON PRIETO (Deceased) vs. APACHE AUTO, INC., ZENITH INSURANCE COMPANY, MEADOWBROOK/STAR INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The amendment changed the cumulative trauma period for the deceased applicant's industrial injury to his heart and neurological system from December 2007-December 2008 to November 2008-December 26, 2008. This change was made to reflect the correct insurance carrier's coverage period. The Board otherwise affirmed the original findings regarding industrial injury and death.

Workers' Compensation Appeals Boarddeath claiminter vivosindustrial injuryheart/cardiovascular systemneurologic systematrial fibrillationcumulative traumaauto wrecker salespersonZenith Insurance Company
References
Case No. ADJ1530858
Regular
Jun 30, 2011

ROBERT COSTARELLA vs. ROBERT J. COSTARELLA, M.D., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a $100\%$ permanent disability award for a hand surgeon. The defendant argued the award was unsupported because the panel QME did not apply apportionment under SB 899. The Board found the defendant failed to meet its burden to establish apportionment by showing other contributing factors. Furthermore, the Board affirmed the P&S date of February 10, 2010, based on ongoing medical treatment and physician findings.

Permanent disabilityApportionmentSenate Bill 899Qualified Medical ExaminerSubstantial evidenceCausationLabor Code section 4663Industrial injuryNeurological systemCardiovascular system
References
Case No. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ828729 (VNO 0514052)
Regular
Feb 11, 2010

LEONEL ARRIOLA vs. SPRINT PCS NEXTEL, CNA RISK MANAGEMENT

Applicant sought reconsideration of a November 24, 2009, Findings and Award which found an industrial injury to the back, neurologic system, headaches, and ears, but excluded psychological injury. The WCJ later vacated that award due to clerical error. Applicant's petition for reconsideration, filed after the award was vacated, is therefore moot. The Board dismissed the petition and returned the matter to the trial level for further proceedings.

WCABArriolaSprint PCS NextelCNA Risk ManagementPetition for ReconsiderationFindings and AwardWCJindustrial injuryback injuryneurologic system
References
Case No. ADJ3120317
Regular
Jul 09, 2010

KIMBERLY LANDI vs. ANTELOPE VALLEY HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's award finding industrial injury to the applicant's back, knee, lower extremities, neurological system, and psyche, resulting in permanent total disability. The Board found the trial judge's opinion and report lacked sufficient detail and specificity regarding the evidence and reasoning for these findings. The case is returned to the trial level for re-evaluation of the evidence and a new decision that properly addresses all issues, including apportionment and penalties for delayed indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryregistered nurseback injuryleft knee injurylower extremitiesneurologic systempsyche
References
Case No. SBR 302289, SBR 308545
Regular
Feb 05, 2008

KAREN BELL vs. CITY OF BARSTOW, Permissibly SelfInsured, Administered By HAZELRIGG RISK MANAGEMENT SERVICES, INC.

The Appeals Board granted reconsideration of a previous award finding industrial injury to the applicant's psyche, neurological, back, legs, and internal systems, and a specific injury to her back, neck, shoulders, and legs. This decision was rescinded and the case returned to the trial level for reevaluation in light of the en banc decision in *Benson v. The Permanente Medical Group*, which significantly altered the rules regarding combined disability ratings for multiple injuries. The Board did not address the defendant's specific arguments regarding the statute of limitations and medical evidence, allowing them to be raised again in further proceedings.

WCABPetition for ReconsiderationFindings & AwardAdministrative Law JudgeIndustrial InjuryPsycheNeurological SystemCumulative InjurySpecific InjuryStatute of Limitations
References
Case No. ADJ7894308; ADJ7661229; ADJ9465603
Regular
Aug 20, 2025

Assadour Assadourian vs. Ari G. Minassian School, State Compensation Insurance Fund, Church Mutual Insurance Company

The Workers' Compensation Appeals Board reviewed the Findings of Fact, Award and Order concerning Assadour Assadourian's industrial injury claims against Ari G. Minassian School and its insurers. The Board affirmed that contract non-renewal constituted an actual event of employment for psychiatric injury claims. However, it rejected the "pass-through" apportionment from cardiac conditions to psychiatric and sleep-related disabilities, deeming the medical opinions legally unsustainable. Consequently, the Board amended the permanent disability award to 78 percent, reserving jurisdiction to the WCJ for attorney's fees adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrderIndustrial InjuryCardiovascular SystemPsycheSleep DisorderUrologic SystemSexual Dysfunction
References
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