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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ2006592 (SJO 0267090)
Regular
Jun 25, 2013

PEDRO SALVADOR vs. LION SUPERMARKET, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding the dismissal of its lien claim. The dismissal stemmed from a failure to pay the lien activation fee before a lien conference, compounded by the lien claimant filing two similar liens and failing to appear at the conference. The Board found the fee was paid, but confusion from the dual filings led to the error. The matter is returned to the trial level, with the WCJ to consider a dismissal notice for non-appearance and potential sanctions.

Lien activation feePetition for ReconsiderationOrder Dismissing Lien ClaimantLien conferenceDeclaration of ReadinessLabor Code section 4903.06Compromise and ReleaseEAMS recordLabor Code section 5813Sanctions
References
Case No. ADJ9127012, ADJ9127010
Regular
Aug 10, 2015

ROSA RUIZ vs. BARON HR, LLC, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it sought review of a non-final order. The Board granted removal and rescinded the Finding of Fact, which determined the correct Qualified Medical Evaluator (QME) specialty was chiropractic. The matter was returned to the WCJ for further proceedings to determine the validity of QME panels and reports. This included whether the defendant was properly served and if the selected QME specialty and report were valid.

QME specialty disputePetition for ReconsiderationPetition for Removalnon-final ordersubstantive right or liabilityprocedural non-final ordersprejudicial errorirreparable harmspecific injurycumulative trauma
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ2582500 (SAL 077867)
Regular
Jul 26, 2010

TONY BLANDINO vs. UNITED WASTE SYSTEMS, INC., NATIONAL UNION FIRE INSURANCE COMPANY/AIG (CHARTIS), LIBERTY INSURANCE CORPORATION (LIBERTY MUTUAL)

The Appeals Board granted reconsideration and rescinded the arbitrator's prior decision. The arbitrator erred by preventing Liberty Insurance Company from presenting new evidence regarding its liability and by deeming himself bound by a previous WCJ's decision. The matter is returned to the arbitrator for an independent evidentiary hearing and a de novo decision, as supplemental contribution proceedings allow non-elected defendants to fully litigate their liability.

Workers' Compensation Appeals BoardReconsiderationArbitratorFindings Award and OrdersProrata ShareContribution ProceedingsLabor Code § 5500.5Cumulative InjuryAOE/COESupplemental Proceedings
References
Case No. ADJ9607136
Regular
Mar 13, 2023

NORMA PEREZ vs. CUSTOM PRODUCTS MANUFACTURING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) decision. The WCJ found the applicant to be 100% permanently and totally disabled based on credible testimony and substantial medical and vocational evidence. The defendant's arguments regarding non-industrial apportionment and the vocational evaluator's reporting without an interpreter were rejected. The Board adopted the WCJ's report and decision, denying the defendant's request for reconsideration.

Petition for ReconsiderationReport and RecommendationWorkers' Compensation Appeals BoardDenying PetitionAdministrative Law JudgeCumulative TraumaNon-industrial Medical ApportionmentNon-industrial Vocational ApportionmentInterpreterVocational Evaluator
References
Case No. ADJ548925 (MON 0313676) ADJ2470845 (MON 0313677)
Regular
Jul 19, 2010

Barry Robey vs. HERTZ CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, reversing a lower decision that awarded unapportioned permanent disability. The Board found that the Agreed Medical Examiner's (AME) apportionment of 50% of the applicant's left hip disability to a non-industrial arthritic condition was substantial medical evidence, despite the WCJ's finding that the AME's reasoning was "arbitrary." The Board emphasized that AME opinions on apportionment need only be based on reasonable medical probability, not certainty, and that the AME sufficiently explained his reasoning.

Workers Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryApportionmentAgreed Medical ExaminerPermanent DisabilityNon-industrial CausationLabor Code Section 4663
References
Case No. ADJ1742598 (SDO 0321754)
Regular
May 02, 2011

JOSE G. HERNANDEZ vs. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant did not sustain industrial injury to his heart, psyche, or internal organs. The Board found the applicant's medical expert's opinion to be unsubstantial as it was based on an incomplete and inaccurate medical history provided by the applicant. Conversely, the Board found the defendant's QME's well-reasoned and thorough medical opinions, which considered extensive non-industrial risk factors, constituted substantial evidence to support the WCJ's decision. Therefore, the applicant failed to meet his burden of proof for an industrial injury.

AOE/COEPetition for ReconsiderationQualified Medical Examiner (QME)substantial evidencemedical opinionindustrial injuryWCJlabor historycardiac diseasediabetes
References
Case No. ADJ6800194
Regular
Jul 13, 2011

RAYMUNDO QUINTERO vs. UNION PACIFIC CONCRETE INCORPORATED, BERKSHIRE HATHAWAY HOMESTATE COMPANIES FOR REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because it was filed from a non-final interlocutory order. Such orders, concerning pre-trial matters like evidence or discovery, do not determine substantive rights. Consequently, the WCAB deemed the petition improper as it did not pertain to a "final" order. Furthermore, the petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm.

Petition for ReconsiderationFinal OrderInterlocutory OrdersSubstantive RightRemovalPrejudiceIrreparable HarmWCJ ReportDismissedDenied
References
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