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

Case No. ADJ12906916

Regular

Feb 25, 2025

Celia Clara Bautista vs. Cal Central Harvesting, Inc.

Defendant sought reconsideration of a WCJ's decision finding industrial injury to the applicant in the form of uterine cancer and to the right foot. Defendant contended the WCJ erred by relying on Dr. Lonky's opinions, arguing his specialty was not relevant and he did not adequately consider exposure and latency periods. The Appeals Board granted reconsideration, finding that the medical record needed further development from additional specialists (oncology, gastroenterology, orthopedics) and supplemental reporting or testimony from Dr. Lonky, thus deferring the issues of industrial injury.

Workers' Compensation Appeals BoardCumulative InjuryUterine CancerRight Foot InjuryPulmonologyToxicologyLatency PeriodPanel Qualified Medical EvaluatorSubstantial Medical EvidencePetition for Reconsideration

References

Case No. ADJ9509417

Regular

Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia

References

Case No. ADJ10613123

Regular

Oct 20, 2020

FRANCISCO BANUELOS (Dec'd), MICHELE BANUELOS vs. TIME WARNER, INC. (NOW CHARTER COMMUNICATIONS), NEW HAMPSHIRE INSURANCE CO.

This case involves a defendant's petition for reconsideration of a previous decision that found the deceased applicant sustained a work-related injury leading to colon cancer. The defendant argued against the admission and reliance on Dr. Reynolds's medical reporting and questioned Dr. Azizad's qualifications. The Workers' Compensation Appeals Board denied the petition, upholding its prior decision that the injury was AOE/COE and that the medical evidence was substantial. The Board also found no merit in the defendant's contention regarding Dr. Reynolds's reporting under Labor Code section 4605.

AOE/COEinternal system injurydigestive system injurycolon cancerDr. Timothy ReynoldsDr. Masoud Azizadsubstantial medical evidencequalified medical evaluator paneloncologyLabor Code section 4605

References

Case No. ADJ8464782

Regular

Oct 23, 2017

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Chronic myelogenous leukemiaIndustrial injuryPetition for reconsiderationQualified medical evaluatorOncologyLatency periodLabor Code section 5412Labor Code section 5500.5Coverage periodAdministrative law judge

References

Case No. ADJ15951486, ADJ15951487

Regular

Aug 25, 2025

JEFF CRAIL vs. AMTRUST NORTH AMERICA, HARTFORD FIRE INSURANCE COMPANY

The defendant, Amtrust North America and Hartford Fire Insurance Company, filed a Petition for Reconsideration of a Joint Findings of Fact and Orders (F&O) issued on May 20, 2025. The F&O had ordered the replacement of Panel Qualified Medical Examiner (PQME) Dr. Wiseman due to his failure to properly serve his report. The defendant argued that the court improperly interpreted Administrative Director Rule 31.5(a)(12) and that a Declaration of Readiness (DOR) does not constitute both an objection and a request for a replacement panel. The Appeals Board denied the Petition for Reconsideration, affirming the WCJ's decision to replace Dr. Wiseman. The Board's decision cited its en banc ruling in Vazquez v. Inocensio Renteria, reinforcing that a QME's failure to timely issue and serve a report, and engaging in ex parte communication by serving only one party, grants a party the right to seek replacement. The Board also emphasized the informal nature of pleadings in workers' compensation proceedings, as established in Perez v. Chicago Dogs, when addressing the applicant's DOR.

PQMEPetition for ReconsiderationJoint Findings of Fact and OrdersAdministrative Director RuleDeclaration of ReadinessIrreparable HarmMandatory Settlement ConferenceOncology PanelQualified Medical ExaminerProof of Service

References

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Celia Clara Bautista vs. Cal Central Harvesting, Inc.

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

FRANCISCO BANUELOS (Dec'd), MICHELE BANUELOS vs. TIME WARNER, INC. (NOW CHARTER COMMUNICATIONS), NEW HAMPSHIRE INSURANCE CO.

AOE/COEinternal system injurydigestive system injurycolon cancerDr. Timothy ReynoldsDr. Masoud Azizadsubstantial medical evidencequalified medical evaluator paneloncologyLabor Code section 4605

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

JEFF CRAIL vs. AMTRUST NORTH AMERICA, HARTFORD FIRE INSURANCE COMPANY