Updated Daily

Case Law Database

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

Case No. ADJ6466946 ADJ6611333

Regular

Feb 21, 2012

SABA PICHARDO vs. PLEASANT VALLEY SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

Here's a summary of the case: The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the prior order was interlocutory, not final. The WCAB granted removal and rescinded the prior order, returning the case to the trial level. This decision was based on the defendant's argument of significant prejudice from re-evaluating the applicant's need for eyeglasses, which an Agreed Medical Examiner (AME) had previously deemed non-industrial due to age. A dissenting opinion argued for returning the applicant to the AME, citing ambiguity in the prior AME report and the need for further development of the record regarding current needs.

WCABReconsiderationRemovalFindings and OrdersLabor Code section 5701Agreed Medical ExaminerOphthalmologistEyeglassesIndustrial InjuryNon-industrial

References

Case No. ADJ11028821

Regular

Nov 01, 2019

Elizabeth Iniguez vs. City and County of San Francisco

This case involves a workers' compensation applicant whose claim for industrial injury to her right eye was denied. The applicant sought reconsideration, arguing the administrative law judge erred in their finding. However, the Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The Board found that the applicant failed to meet her burden of proof, particularly regarding the causal relationship between her work environment and eye impairment, despite being alerted to the need for further development of evidence. Therefore, the applicant takes nothing by way of her claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryRight EyeCumulative InjuryAdministrative Law JudgeFindings of FactBurden of ProofAgreed Medical EvaluatorOphthalmologist

References

Case No. ADJ18210611

Regular

May 08, 2025

ELENITA JOVER vs. COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH

Elenita Jover, a licensed vocational nurse, sought reconsideration of a Findings and Award that denied her request for additional Qualified Medical Evaluation (QME) panels. The initial F&A found injuries to her cervical and lumbar spine, shoulders, and right thumb, but not to other claimed body parts like stress, psyche, or internal systems. The Appeals Board granted the petition, rescinded the original F&A, and ordered additional QME panels for pulmonology, internal medicine (diabetes), ophthalmology, ENT, and neurology, returning the case to the trial level for further proceedings. This decision was based on the original QME's recommendation for further evaluations and the need to develop the evidentiary record to ensure substantial justice.

Petition for ReconsiderationQualified Medical EvaluationLicensed Vocational NurseArising out of and in the course of employmentPermanent DisabilityDue ProcessPulmonologistInternistOphthalmologistOtolaryngologist

References

Showing 1-3 of 3 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

SABA PICHARDO vs. PLEASANT VALLEY SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

WCABReconsiderationRemovalFindings and OrdersLabor Code section 5701Agreed Medical ExaminerOphthalmologistEyeglassesIndustrial InjuryNon-industrial

Elizabeth Iniguez vs. City and County of San Francisco

ELENITA JOVER vs. COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH