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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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ6908789
Regular
Oct 13, 2011

MELANIE FINCH vs. OASIS CAMEL DAIRY, STATE COMPENSATION INSURANCE FUND

This case involves Melanie Finch's petition for reconsideration after the Appeals Board denied her claim for industrial injury. The Board previously reversed a WCJ's finding, ruling that Finch failed to prove her alleged incident with a camel caused a compensable disability or required medical treatment. Finch's petition lacked substantial evidence for her claims and failed to meet the requirements for newly discovered evidence. Therefore, the Board denied her petition, reaffirming the lack of proof of injury as defined by the Labor Code.

Industrial injuryPetition for reconsiderationDecision after reconsiderationAdministrative law judgeFindings of FactBurden of proofNewly discovered evidenceLabor CodeDisabilityMedical treatment
References
Case No. ADJ301960 (VNO 0479189) ADJ963491 (VNO 0468662) ADJ1360597 (VNO 0457429)
Regular
Jun 16, 2018

MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the applicants' claims of serious and willful misconduct by the defendant and allegations of evidence destruction. Applicants Michael Ayala and Tommy Vasquez sought increased compensation based on these claims. A newly discovered document, purportedly a destroyed Chrono 128-B, was submitted by applicants as newly discovered evidence. The WCAB accepted the supplemental pleadings but deferred ruling on the admissibility of the new evidence and its impact on the case to the trial level. Consequently, the previous Joint Findings of Fact have been rescinded, and the matter is remanded for further proceedings.

Workers' Compensation Appeals BoardSerious and willful misconductCollusionDestroyed evidenceNewly discovered evidence128-B ChronoRescindedReturned to trial levelJoint Findings of FactPetition for Reconsideration
References
Case No. ADJ2954617 (WCK 0047559) ADJ2134977 (WCK 0047560) ADJ3431606 (WCK 0047666)
Regular
Dec 17, 2009

LINDA WENNEKER vs. COUNTY OF CONTRA COSTA, Permissibly Self-Insured, COUNTY OF CONTRA COSTA RISK MANAGEMENT, (Adjusting Agent)

The Appeals Board granted defendant's petition for removal and remanded the matter to the WCJ for further trial on the admissibility of newly discovered evidence.

Petition for RemovalAugment the RecordNewly Discovered EvidenceDue DiligenceSurveillance EvidenceFraudVocational Rehabilitation CounselorPermanent DisabilityIndustrial InjuriesMandatory Settlement Conference
References
Case No. ADJ2649808 (STK 0209059)
Regular
May 16, 2017

CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 100% permanent disability for an admitted back injury. The defendant argued the vocational expert's report was flawed and unsubstantiated, but the Board affirmed the WCJ's finding of credibility. The WCJ's decision correctly applied *Dahl* to find the applicant not amenable to vocational rehabilitation due to his functional limitations, pain, and depression. The Board also rejected the defendant's attempt to admit newly discovered evidence, as it did not meet the criteria for such admission.

Vocational evaluatorpermanent disabilityreconsiderationindustrial injuryvocational reportingmedical evidencesubjective evidencedepressionvocational rehabilitationchronic pain
References
Case No. ADJ8643967, ADJ10070125, ADJ10069887, ADJ10525135, ADJ10525090
Regular
Nov 15, 2016

MICHAEL PELUSO vs. CALGARY FLAMES, New Jersey Devils, St. Louis Blues, Federal Insurance Company c/o Chubb Group of Insurance Companies

The WCAB dismissed the applicant's petition for reconsideration of an order denying new evidence, as it was an interlocutory evidentiary decision. However, the Board granted removal, finding the WCJ's exclusion of evidence was improper and prejudiced the applicant. The Board rescinded the order and returned the matter for further proceedings, holding that the newly discovered evidence was not available before the discovery close due to defendant's wrongful withholding, and potentially due to an agreed-upon extension of the discovery deadline.

Mandatory Settlement Conferencereopening discoverynewly discovered evidencewrongful withholding of recordsdue processpetition for reconsiderationpetition for removalinterlocutory orderadmissibility of evidenceLabor Code section 5502(d)(3)
References
Case No. ADJ7782081
Regular
Nov 06, 2013

IGNACIO PIMENTEL vs. CASA LA GOLONDRINA, PUBLIC SERVICE MUTUAL INSURANCE COMPANY, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, affirming the WCJ's finding that the applicant sustained an injury arising out of and in the course of employment. The defendant argued the applicant's testimony was not credible and alleged fraud based on new evidence from co-workers. However, the Board found the evidence, including co-worker testimony and the employer's report, supported the applicant's account. The Board also found the defendant's petition did not meet the requirements for newly discovered evidence or fraud under CCR § 10856.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibilityGarza v. Workmen's Comp. App. Bd.course of employmenttemporary disabilityfurther medical treatmentsubstantial evidenceapplicant's testimonynewly discovered evidence
References
Case No. ADJ7925614
Regular
Feb 23, 2017

Kelly Truesdell vs. VON'S GROCERY COMPANY

This case involves an employee, Kelly Truesdell, who sought workers' compensation for injuries sustained during his employment. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding Truesdell to be permanently and totally disabled. The defendant, Von's Grocery Company, had argued that the Agreed Medical Examiner's (AME) opinions were insufficient and presented new evidence of improvement. However, the WCAB found the AME's opinions, particularly those of Dr. Angerman, constituted substantial evidence supporting the 100% permanent disability rating based on objective findings and the applicant's inability to compete in the labor market. The defendant's request to introduce newly discovered evidence was also rejected due to a lack of required proof.

WCABReconsiderationAgreed Medical ExaminerPermanent Total DisabilitySubstantial EvidenceFailed Back Surgery SyndromeAMA GuidesWhole Person ImpairmentLabor Code Section 46622005 PDRS
References
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