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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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 Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.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. 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. 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. ADJ1904323 (GRO 0034275) ADJ3208896 (GRO 0034276) ADJ649343 (GRO 0034277)
Regular
Nov 01, 2010

SARAH SHIPP vs. GOTTSCHALKS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration, rescinding the prior award due to the Workers' Compensation Judge's (WCJ) improper reliance on an Agreed Medical Evaluator's (AME) hernia analogy to rate upper extremity impairment. This analogy violated *Almaraz II* by not adhering to the AMA Guides and potentially incorporating pre-2005 rating schedules. The rater also used an incorrect impairment number and occupational adjustment. The case is remanded for further proceedings and a new decision by the WCJ, ensuring the rating is not based on the flawed hernia analogy.

Workers' Compensation Appeals BoardSarah ShippGottschalksSpecialty Risk ServicesJoint Findings and Awardindustrial injuryright shoulderleft shoulderright elbowthumb
References
Case No. ADJ9840613
Regular
Aug 28, 2025

MINERVA TOMKA vs. PACIFIC GAS ELECTRIC, PACIFIC GAS ELECTRIC - SAN FRANCISCO

Applicant Minerva Tomka sought reconsideration of an order denying her petition to set aside a prior award. She alleged fraud, bad faith, misrepresentation of her occupational group, and clerical errors in the prior Stipulations with Request for Award approved by the WCJ. The Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board found no evidence of fraud or other grounds to set aside the stipulations but acknowledged clerical errors and the incorrect occupational group number. Consequently, the Board granted reconsideration, rescinded the original order, and issued a new order correcting the applicant's occupational group number to 214 and rectifying various clerical errors.

Petition for ReconsiderationPetition to Set Aside StipulationsStipulations with Request for AwardOccupational Group NumberDEU Consultative RatingPQMEPTPPermanent Disability RatingArising Out of and In the Course of EmploymentAOE/COE
References
Case No. ADJ7326084, ADJ7326039
Regular
May 10, 2013

THERESA GONZALES vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior order that assigned the applicant an Occupational Group Number (OGN) of 251. The applicant, a Senior Special Investigator handling child abuse cases, argued her duties warranted a higher OGN due to integral law enforcement training and the potential for dangerous situations. The Board agreed that while not a sworn police officer (OGN 490), her quasi-law enforcement duties and required training placed her more appropriately in Group 390 (Security Officer), rescinding the prior finding and returning the case for further proceedings.

Occupational Group NumberSenior Special InvestigatorLaw enforcement trainingIntegral part of occupationSecurity OfficerPolice OfficerSworn officersPermanent Disabilities Rating ScheduleReconsiderationJoint Findings and Order
References
Case No. ADJ9580355
Regular
Feb 22, 2016

MARIO PENATE vs. OLD DOMINION FREIGHT LINE, INC., NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of permanent disability, affirming other aspects of the original award. Defendant contended the initial award improperly relied on the applicant's physician over a QME and on the applicant's impeached testimony, and used the incorrect occupational group number. The Board found the original rating instructions were incomplete regarding the lumbar spine and required clarification and re-rating. They also corrected the occupational group number to 350, as stipulated by the parties.

AOE/COEPetition for ReconsiderationPermanent DisabilityAMA GuidesDRE MethodOccupational Group NumberSubstantial EvidenceCredibilityAlmaraz-GuzmanQualified Medical Evaluator
References
Case No. ADJ10597372
Regular
Apr 13, 2020

KATORIA JONES vs. THRIFT RECYCLING, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the original Findings, Award and Order. The Board found that the applicant's occupational group number should be 360 (porters and packers) rather than 230 (machine operators and tenders). This amendment was based on the applicant's job duties as a warehouse line loader involving lifting, sorting, and moving boxes. The Board deferred issues of permanent disability and attorney's fees, returning the case to the trial level for further proceedings with the corrected occupational group number.

Workers' Compensation Appeals BoardPetition for ReconsiderationOccupational Group NumberSorterWarehouse workerLine loaderPDRSPermanent Disability Rating ScheduleFindings Award and OrderIndustrial Injury
References
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