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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
Case No. ADJ9519422
Regular
Feb 06, 2017

VALERIE O'DELL vs. THE STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, (legally uninsured), administered by STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant seeking reconsideration of a prior award. The applicant's petition was granted in part, amending the findings to classify her occupational group as 112 and increasing her permanent disability rating from 8% to 13%. The Board affirmed the use of the QME physician's opinion for disability rating over the primary treating physician's, finding it to be substantial evidence. The increased rating is based on the applicant's significant keyboarding and writing duties, aligning with the higher demands of occupational group 112.

Workers Compensation Appeals BoardOpinion and Decision After ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityOccupational GroupPrimary Treating PhysicianQualified Medical EvaluatorBilateral Carpal Tunnel SyndromeApportionment
References
Case No. ADJ10473323 ADJ9241894
Regular
Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

The WCAB granted reconsideration to amend the previous award. The Board found that applicant is entitled to a single, unapportioned award for his right knee permanent disability, as it directly resulted from unsuccessful medical treatment for both his specific and cumulative trauma injuries, per *Hikida*. Additionally, the Board determined that applicant's permanent disability should be rated using the higher Occupational Group 560, reflecting his occasional performance of more arduous duties as a garbage collector. The matter was returned to the trial level for issuance of a new award reflecting these findings.

Workers' Compensation Appeals BoardHector GonzalezRecology Golden Gatepermanent disabilityspecific injurycumulative traumaOccupational Group 350Occupational Group 560Agreed Medical Examinerapportionment
References
Case No. ADJ10863775
Regular
Jul 25, 2505

HARBANS SINGH-KALER vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a January 17, 2020 Findings and Award. The Board ruled that Harbans Singh-Kaler's hypertension disability constitutes "heart trouble" under Labor Code section 3212.2, thereby exempting it from apportionment under Labor Code section 4663(e). Consequently, the WCJ's decision was amended to reflect this finding. However, the Board deferred the issues of occupational group, permanent disability, and attorneys' fees back to the trial level for further analysis.

Labor Code § 3212.2heart troublehypertensionapportionmentoccupational group 332occupational group 380chief engineercumulative injurypermanent disabilityattorney's fees
References
Case No. ADJ2509613
Regular
Mar 21, 2011

DONALD RAY LEWIS vs. VIRATEC THIN FILMS, INC.

The Appeals Board granted reconsideration and amended the WCJ's decision to reclassify the applicant's occupational group from 360 to 480, reflecting his sandblasting duties more accurately. This change increased the applicant's permanent disability rating to 53% and the attorney's fee accordingly. However, the Board affirmed the WCJ's findings that the applicant did not sustain industrial injury to his psyche or GERD, and that his permanent and stationary date was correctly determined. The Board found substantial evidence supported the WCJ's reliance on the Agreed Medical Evaluators' opinions regarding the industrial injuries and apportionment.

Workers' Compensation Appeals BoardDonald Ray LewisViratec Thin FilmsInc.Insurance Company of the State of PennsylvaniaSedgwick Claims Management ServicesInc.ADJ2509613Petition for ReconsiderationSecond Amended Findings Award and Orders
References
Case No. ADJ2748573
Regular
May 11, 2009

THOMAS HERNON vs. COUNTY OF SANTA CLARA

The Appeals Board granted reconsideration, reversing the prior finding on the applicant's occupational group number from 560 to 380 (painter), based on evidence of the applicant's actual job duties. The Board also modified the decision regarding apportionment, accepting the Agreed Medical Evaluator's opinion that 10% of the disability should be apportioned to pre-existing degenerative disease. However, the Board affirmed the application of the 1997 Permanent Disability Rating Schedule, as temporary disability payments were terminated before January 1, 2005, triggering notice requirements. Ultimately, the applicant's permanent disability was reduced to 63% after apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantPublic Service WorkerOccupational Group NumberIndustrial InjuryLow BackNeck
References
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
Case No. ADJ8710988
Regular
Jan 23, 2015

POPE POWELL vs. CITY AND COUNTY OF SAN FRANCISCO

This Workers' Compensation Appeals Board decision, following a Court of Appeal remittitur, mandates a redetermination of the applicant's permanent disability rating. The Court clarified that the appropriate occupational group must be based on the physical activities of the employee's job duties, not solely on job title. Consequently, the Board reinstated its prior decision but amended Finding 5 to defer issues of occupational group and permanent disability. The case is returned to the WCJ for further proceedings to establish the correct occupational group and permanent disability.

RemittiturOccupational groupPermanent disabilityPhysical activitiesWCJPQME reportCourt of AppealReconsiderationAnnulledRemand
References
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