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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. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ6659106
Regular
Dec 23, 2013

CLEMENCIA ESTRADA vs. BELLFLOWER UNIFIED SCHOOL DISTRICT, HOME IN SOCIAL SERVICES (HISS)

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal in this case. Consequently, the Board rescinded the WCJ's prior decision and returned the matter for further proceedings. This action was based on the WCJ's report, which the Board adopted and incorporated into its opinion. The case will now proceed with new findings and a decision by the WCJ.

Petition for RemovalGranting RemovalRescind DecisionReturn to WCJDecision After RemovalWorkers Compensation Appeals BoardAdministrative Law JudgeFurther ProceedingsOpinion and OrderApplicant
References
Case No. ADJ2523911 (MON 0281750) ADJ2669536 (MON 0287852) ADJ2826764 (LAO 0791910)
Regular
Apr 25, 2013

GEORGE MORENO vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal of the WCJ's February 6, 2013 decision in the case of George Moreno v. Ralphs Grocery Company. The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is procedural and does not constitute a final ruling on the merits.

Workers' Compensation Appeals BoardRemovalGranting RemovalDecision after RemovalRescindedReturned to Trial LevelFurther ProceedingsAdministrative Law JudgeWCJPetition for Removal
References
Case No. ADJ7719327
Regular
Dec 03, 2013

JOSE MEJIA vs. TERRA VISTA MANAGEMENT, INC., TRAVELERS CASUALTY & SURETY COMPANY

This is an interim order by the Workers' Compensation Appeals Board (WCAB) granting a petition for removal in the case of Jose Mejia v. Terra Vista Management, Inc. The WCAB found good cause to remove the case from the trial level, adopting the Workers' Compensation Judge's (WCJ) report. The matter is now returned to the WCJ for further proceedings and a new decision. This decision is not final and parties retain the right to seek reconsideration of the WCJ's future ruling.

Petition for RemovalWorkers' Compensation Appeals BoardDecision After RemovalAdministrative Law JudgeTrial LevelFurther ProceedingsNot a Final DecisionReconsiderationTravelers Casualty & Surety CompanyTerra Vista Management
References
Case No. ADJ8406095
Regular
Feb 22, 2013

SALVADOR TIJERO TORRES vs. R AND W CONCRETE CONTRACTORS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the Petition for Removal in this case. The WCAB rescinded the WCJ's previous decision and remanded the matter for further proceedings. This action indicates the WCAB found a legal or procedural error in the initial decision requiring further review by the WCJ. The case will now proceed with additional hearings and a new decision.

Petition for RemovalGranting RemovalRescind DecisionReturn to WCJDecision After RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeFurther ProceedingsOpinion and Order
References
Case No. ADJ2603160
Regular
Jan 17, 2012

ROOSEVELT WARDELL vs. COUNTY OF LOS ANGELES, ACCLAMATION INSURANCE MANAGEMENT

The Workers' Compensation Appeals Board granted removal in this case, rescinded the Administrative Law Judge's October 13, 2011 Order Compelling Applicant's Attendance at Medical Evaluation, and returned the matter to the trial level. The Board adopted the WCJ's report as the basis for this decision. No opinion was offered on other issues raised in the removal petition, including sanctions.

Workers Compensation Appeals BoardRemovalGranting RemovalRescind OrderCompelling AttendanceMedical EvaluationTrial LevelFurther ProceedingsWCJDecision After Removal
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
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
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