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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
Case No. ADJ1709868 (OAK 0322846) ADJ3671153 (OAK 0322847)
Regular
Mar 20, 2012

JUAN GONZALEZ vs. WILLIAM MCCULLOCK, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a prior Findings and Award and Opinion on Decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition for reconsideration. The WCAB requires more time to thoroughly review the factual and legal issues to ensure a just and reasoned decision. Further proceedings may be determined to be appropriate.

Workers Compensation Appeals BoardReconsiderationFindings and AwardOpinion on DecisionPetition for ReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesDecision After ReconsiderationOffice of the Commissioners
References
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. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. ADJ4419054
Regular
Jan 29, 2009

RESCILLA MAXIM vs. LACMTA, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Priscilla Maxim's case against LACMTA and Travelers. The WCAB rescinded the Workers' Compensation Judge's (WCJ) decision, finding it necessary to return the matter for further proceedings and a new decision by the WCJ. This order signifies that the prior decision was not a final resolution on the merits of the claims. The parties retain all rights to seek further reconsideration of the WCJ's subsequent ruling.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescind DecisionFurther ProceedingsWCJ DecisionTrial LevelLACMTATravelersPriscilla Maxim
References
Case No. ADJ6634260
Regular
Aug 02, 2010

MELCHOR ELIZARRARAS vs. MIKE BUBALO CONSTRUCTION COMPANY, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding that the parties were not subject to an Alternative Dispute Resolution (ADR) process. The Board found the original decision was based on unclear issues and the record may support a valid ADR process applicable to the applicant's injury. The case is returned to the trial level for further proceedings and a new decision on whether the applicant's injury is covered by a valid ADR system under Labor Code §3201.5.

Labor Code §3201.5Alternative Dispute ResolutionADR systemcollective bargaining agreementSouthern California District Council of LaborersMike Bubalo Construction CompanySeabright Insurance Companyindustrial injurylow back injuryright shoulder injury
References
Case No. OAK 0329422
Regular
Jun 30, 2008

RAFAEL PEREZ vs. AMERICAN EMPIRE BUILDING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a previous decision in the case of Rafael Perez v. American Empire Building and Liberty Mutual Insurance. The WCAB rescinded the original decision and returned the matter to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge. This action indicates the prior decision was not finalized and the case will undergo further review.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsAdministrative Law JudgeApplicantDefendantsLiberty Mutual Insurance
References
Case No. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
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