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

Case No. MON 323982 MON 323983

Regular

Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

This case concerns Gina Malcolm's workers' compensation claims for a right hip injury and a left shoulder injury. The applicant sought reconsideration of a decision that apportioned 25% of her permanent disability for both injuries to pre-existing, non-industrial osteonecrosis. The Board denied reconsideration, affirming the original finding that the apportionment was proper based on the Agreed Medical Examiner's opinion regarding the causation of the permanent disability.

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman

References

Case No. ADJ7719699

Regular

Nov 26, 2012

SUZANNE TRAVER vs. KONOCTI UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration on its own motion to correct factual errors in a prior dismissal order. Specifically, the Board misstated the Administrative Law Judge's findings regarding the applicant's industrial injuries. The corrected decision clarifies that the ALJ found injury to the applicant's nose, hand, knee, lip, and carpal tunnel syndrome in her right upper extremity. Importantly, the ALJ's original findings and award remain in full effect.

Workers' Compensation Appeals BoardKonocti Unified School DistrictKeenan & AssociatesPetition for ReconsiderationPetition to ReopenFindings and AwardIndustrial InjuryRight Upper ExtremityCarpal Tunnel SyndromeOsteonecrosis

References

Case No. ADJ7744103, ADJ7580182 (MF)

Regular

May 05, 2014

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. While finding no permanent disability from the applicant's industrial foot injury, the Board determined that the applicant did sustain industrial injury in the form of a fungal foot infection and bilateral foot sprain. The Board disagreed with the trial judge's finding of no industrial injury and clarified that Dr. McCoy's opinion, not Dr. Panting's, constituted substantial evidence regarding the nature of the industrial injury. Issues of temporary disability and further medical treatment were deferred to the trial level for further decision.

AOE/COEPetition for ReconsiderationFindings and OrderAgreed Medical ExaminerPanel Qualified Medical ExaminationSubstantial EvidenceMedical ProbabilityOsteonecrosisFreiberg's infractionFungal foot infection

References

Case No. ADJ11489310

Regular

Oct 26, 2020

KEITH BRADFORD vs. PACIFIC ARCHITECTS AND ENGINEERS, ESIS, INC.

The Appeals Board granted reconsideration and found that the applicant sustained industrial injury to his left pinkie. The Board rejected the applicant's claim for other body parts, finding no substantial evidence of injury beyond the pinkie. The matter is returned to the trial level to further develop the record regarding injury to other parts of the left upper extremity. The intoxication defense and Labor Code Section 5402 presumption were also addressed.

Labor Code Section 3600(a)(4)intoxication defenseWCJADJ11489310reconsiderationfindings of factleft pinkieleft handneuropsyche

References

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Gina Malcolm vs. KELLY STAFF LEASING, CNA

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman

SUZANNE TRAVER vs. KONOCTI UNIFIED SCHOOL DISTRICT

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

KEITH BRADFORD vs. PACIFIC ARCHITECTS AND ENGINEERS, ESIS, INC.

Labor Code Section 3600(a)(4)intoxication defenseWCJADJ11489310reconsiderationfindings of factleft pinkieleft handneuropsyche