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

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. ADJ10841321
Regular
Jul 15, 2025

RUBEN VEGA vs. HEAVILAND ENTERPRISES, ZURICH NORTH AMERICA

Ruben Vega sought reconsideration of a WCJ's findings that awarded him 25% permanent disability after apportionment. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and found that the qualified medical evaluator's apportionment opinions lacked substantial medical evidence due to inadequate reasoning and inconsistencies. As a result, the WCAB rescinded the original findings and awarded Ruben Vega 57% permanent disability without apportionment.

ApportionmentQualified Medical EvaluatorPermanent DisabilitySubstantial Medical EvidenceLabor Code 4663Labor Code 4664EscobedoNunes ICausation of DisabilityDRE Chart
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ9567706
Regular
Oct 09, 2015

Sally Nunes vs. CITY OF SANTA MARIA

The Appeals Board granted reconsideration to further develop the medical record regarding the applicant's psyche injury, as the WCJ's finding relied too heavily on the applicant's perceptions rather than actual employment events. The Board upheld the exclusion of the defendant's witness due to their failure to timely provide discovery, deeming it an appropriate sanction for a discovery violation. The case is returned to the trial level for the physician to clarify causation and for the WCJ to issue a new decision on all submitted issues. This action is necessary because the initial medical opinion lacked sufficient analysis of actual work events and the applicant's undisclosed personal history impacted the original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative Trauma InjuryPsycheAustin O'DellWitness StatementDiscovery ObligationDue ProcessRolda v. Pitney BowesLabor Code section 3208.3
References
Case No. ADJ2065075 (STK 0026270)
Regular
Oct 13, 2009

MICHAEL ROGERS vs. NUNES BROTHERS TRUCKING, CIGA for PACIFIC NATIONAL INSURANCE, In Liquidation

The Petition for Reconsideration is dismissed as untimely; even if timely, it would be denied due to lack of merit and incomprehensible arguments.

Petition for ReconsiderationDismissalUntimely FilingLabor Code Section 5903CCP Section 1013Workers' Compensation Appeals BoardLien ClaimantNon-attorney RepresentativeReport and RecommendationWCJ
References
Case No. ADJ7431457
Regular
Jan 23, 2014

NANCY NUNES vs. DILLON MOBILE HOME CLUB, INC., FIRST COMPENSATION INSURANCE

In this case, the Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration. The dismissal was due to the petition being filed outside the statutory deadline. Specifically, the petition was filed more than 25 days after the Findings & Order was issued on November 5, 2013, making it untimely.

Petition for ReconsiderationUntimelyLabor Code section 5903Code of Civil Procedure section 1013Findings & OrderLien claimantDismissalWorkers' Compensation Appeals BoardAdministrative law judgeReport and Recommendation
References
Case No. ADJ8210063; ADJ8621818
En Banc
Aug 29, 2023

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

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming its prior en banc decision that permanent disability apportionment must be based on a physician's medical evaluation as mandated by Labor Code section 4663, and that vocational evidence cannot substitute an impermissible 'vocational apportionment' in place of a valid medical apportionment.

VOCATIONAL APPORTIONMENTMEDICAL APPORTIONMENTPERMANENT DISABILITYQUALIFIED MEDICAL EVALUATORLABOR CODE SECTION 4663SUBSTANTIAL EVIDENCEAPPEALS BOARD EN BANCFINDINGS OF FACT AND AWARDFINAL ORDERRECONSIDERATION DENIED
References
Case No. ADJ11191735, ADJ10457151
Regular
Apr 30, 2019

ANGEL DURAZO vs. THE NUNES COMPANY, OLD REPUBLIC, CANON COCHRAN MANAGEMENT SERVICES, INC.

This case concerns a defendant's petition regarding a Utilization Review (UR) denial for applicant's neck surgery. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as the WCJ's order was not a final decision. However, the WCAB granted removal and rescinded the WCJ's order, returning the matter for further proceedings. This action was taken because the WCJ's decision regarding the defective service of the UR report lacked sufficient evidentiary support.

Utilization ReviewPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionWCAB JurisdictionTimeliness of ServiceExpedited HearingQualified Medical EvaluatorRequest for AuthorizationNon Certification Utilization Review
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. ADJ8210063, ADJ8621818
Significant

Grace Nunes, Applicant vs. State of California, Dept. of Motor Vehicles, Legally Uninsured; State Compensation Insurance Fund, Adjusting Agency

The Appeals Board rescinded a workers' compensation judge's finding of 100% industrial disability, concluding that the vocational and medical records were incomplete on the issue of apportionment and returned the case to the trial level for further proceedings.

En Banc DecisionReconsiderationFindings of Fact and AwardMotor Vehicle Field RepresentativeIndustrial InjuryNeck InjuryUpper Extremity InjuryLeft Shoulder InjuryBilateral Upper ExtremitiesUnapportioned Award
References
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