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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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. 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. ADJ8210063; ADJ8621818
En Banc
Jun 22, 2023

GRACE NUNES vs. STATE OF CALIFORNIA, DEPT. OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded a 100% disability award because the vocational and medical records were incomplete regarding apportionment. The case was returned to the trial level to properly evaluate whether non-industrial factors contributed to the applicant's inability to be retrained for work.

En BancReconsiderationApportionmentVocational ApportionmentMedical ApportionmentPermanent DisabilityVocational ExpertQualified Medical EvaluatorAMA GuidesLabor Code Section 4663
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ8210063; ADJ8621818
Regular
Feb 27, 2025

GRACE NUNES vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES; administered by STATE COMPENSATION INSURANCE FUND

Grace Nunes, an applicant, sustained industrial injuries to her neck, left shoulder, and bilateral upper extremities while employed by the State of California, Department of Motor Vehicles. Following a prior reconsideration, the Workers' Compensation Appeals Board (WCAB) clarified that 'vocational apportionment' is impermissible and vocational evidence must align with medical apportionment. The Workers' Compensation Judge (WCJ) ordered further development of the record with the Qualified Medical Evaluator (QME) and vocational experts to comply with the Board's decisions. Applicant petitioned for reconsideration or removal of this interlocutory order, which the Appeals Board denied, affirming the WCJ's discretion to develop the record for a just and reasoned decision.

Industrial injuryNeck injuryShoulder injuryBilateral upper extremitiesField representativeVocational retrainingPermanent and total disabilityVocational apportionmentMedical apportionmentQualified Medical Evaluator
References
Case No. ADJ4225526 (GOL 0092072)
Regular
Apr 20, 2017

JESUS ARROYO vs. JOHN CRAVENS PLASTERING, STATE COMPENSATION INSURANCE FUND

This case involves Jesus Arroyo's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the reasoning of the workers' compensation administrative law judge. Medical evidence from Dr. Markovitz established that Arroyo suffered a total and permanent disability resulting from industrial injuries, including an aortic aneurysm repair and subsequent strokes. The Board found Dr. Markovitz's opinions constituted substantial medical evidence, despite conflicting defense opinions, and affirmed that all necessary medical care and permanent disability were industrially caused.

Workers' Compensation Appeals BoardJesus ArroyoJohn Cravens PlasteringState Compensation Insurance FundPetition for ReconsiderationAgreed Medical ExaminerGerald Markovitzechocardiogramaortic root dilationexpanding aortic aneurysm
References
Case No. ADJ171583 (MON 0294858) ADJ261117 (MON 0308771)
Regular
Feb 02, 2009

Camey Cresor vs. GOLDMAN, SACHS & COMPANY, ILLINOIS NATIONAL INSURANCE CO.

This case concerns an applicant seeking reconsideration of a workers' compensation award for psychiatric injury and other conditions. The applicant was found to have an $82\%$ permanent disability rating, with $80\%$ attributed to psychiatric issues after apportionment. The key dispute is the $20\%$ apportionment of psychiatric disability to non-industrial factors, which the applicant argues is improper for a finding of permanent total disability based on vocational unfeasibility. The Appeals Board denied the petition, adopting the WCJ's report which cited precedent (Hertz Corp. v. Workers' Comp. Appeals Bd. (Aguilar)) confirming that vocational unfeasibility is subject to apportionment.

Workers Compensation Appeals BoardAmended Joint Finding and Awardindustrial injurypsychelow backheadachespermanent disabilitypermanent total disabilityapportionmentnon-industrial factors
References
Case No. ADJ986845 (LAO 0843655)
Regular
Apr 18, 2016

RAFAEL CASTRO vs. MATCHMASTER DYEING & FINISHING CO., INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF's arguments regarding the cumulative injury dates, vocational evidence supporting 100% permanent disability, and apportionment of permanent disability were rejected. The Board found SCIF waived the injury date issue by stipulating to it and failing to raise it earlier, and that the WCJ's findings were supported by substantial evidence, including unrebutted vocational expert testimony and the Agreed Medical Examiner's deposition. SCIF also failed to provide sufficient basis for apportionment, with the AME unable to clearly link non-industrial causes to the applicant's current condition.

WCABPetition for ReconsiderationCumulative InjuryStipulationsApportionmentPermanent DisabilityVocational ReportAgreed Medical ExaminerDue ProcessWaiver
References
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