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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1498865 (WCK 0071162) ADJ3989369 (WCK 0071163) ADJ2618113 (WCK 0071164)
Regular
Jul 09, 2010

MICHELLE LIVENGOOD vs. MT. DIABLO STATE PARK (CALIFORNIA DEPARTMENT OF PARKS AND RECREATION) and AIG

This case concerns Michelle Livengood's multiple industrial injuries. The Court of Appeal found contradictory findings regarding her permanent and stationary status, remanding the case for clarification. The Appeals Board has now granted reconsideration, affirmed the original findings but deferred the issue of temporary disability. The matter is returned to the trial level for further proceedings to clarify if the neurological consultation was diagnostic, which would necessitate a finding of not permanent and stationary.

Workers' Compensation Appeals BoardRemittiturPermanent and StationaryTemporary DisabilityNeurological ConsultationDiscogramQualified Medical EvaluatorPetition for ReconsiderationWrit of ReviewSubstantial Evidence
References
Case No. ADJ7108994
Regular
Dec 03, 2010

ALESCHAI HERNDON vs. CITY OF PASADENA

The applicant, Alehschai Herndon, sustained injuries when struck by a truck while crossing the street after parking her car in an employer-provided lot. Initially, she parked in an unauthorized area and was instructed to move, which she did after starting her work shift. The Workers' Compensation Appeals Board granted reconsideration, finding the injury AOE/COE under the "premises line" rule. The Board reasoned that by parking in the employer-provided lot, the applicant had entered the employer's premises, and her subsequent injury occurred within a reasonable margin of time and space from her workplace.

Workers' Compensation Appeals BoardApplicantCity of PasadenaIndustrial InjuryAOE/COEGoing and Coming RulePremises Line RuleEmployer-Provided Parking LotMoving VehicleUnauthorized Parking
References
Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
Case No. ADJ7843441
Regular
Feb 15, 2013

MICHAEL MENDOZA vs. KELLY SERVICES, ACE AMERICAN INSURANCE c/o ESIS

In Mendoza v. Kelly Services, the Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant's injury, sustained while walking from an employer-assigned parking lot to the worksite, was not barred by the going and coming rule. The applicant was injured crossing a freeway on-ramp when a truck struck him. The Board reasoned that the applicant had already entered the employer's premises and the employment relationship had commenced when he was injured.

Going and coming ruleIndustrial injuryDeferred body partsParking lotEmployer premisesUniversity of CaliforniaRiversideParking placardFreeway on-rampAOE/COE
References
Case No. ADJ9697744
Regular
May 25, 2018

JASON POIRIER vs. CITY OF MENLO PARK, Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS, CITY OF BRISBANE; Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that denied Jason Poirier's claim for kidney cancer benefits. The Board found that the City of Menlo Park failed to rebut the presumption under Labor Code section 3212.1 that Poirier's cancer was industrially caused. Crucially, the Board ruled that Poirier's prior employment with the City of Brisbane could be combined with his Menlo Park employment to satisfy the minimum latency period for cancer causation, a point the trial judge had incorrectly excluded. Consequently, the Board amended the findings to establish that Poirier sustained an industrial injury and returned the case for benefit determination.

Labor Code section 3212.1renal cell carcinomacarcinogen presumptionrebuttallatency periodcumulative traumapolice officerCity of Menlo ParkCity of Brisbaneindustrial injury
References
Case No. ADJ2189918 (LBO 0387807)
Regular
Apr 20, 2017

RUDEEN PARKS vs. THE PORT OF LOS ANGELES, CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Rudeen Parks' petition for reconsideration, which alleged newly discovered evidence of fraud regarding a prior disability retirement. The Board found the petition lacked specificity and failed to meet the requirements for newly discovered evidence. Furthermore, the Board affirmed the WCJ's finding of 100% permanent disability, the award of lifetime indemnity benefits, and the directive for the defendant to handle attorney's fees and liens, noting issues like taxability are outside their jurisdiction.

Workers' Compensation Appeals BoardRudeen ParksPort of Los AngelesCity of Los AngelesFindings and AwardOpinion and OrderPetition for ReconsiderationAdministrative Law JudgeSecurity OfficerIndustrial Injury
References
Case No. ADJ7341449
Regular
Oct 01, 2012

CINTHIA QUINTANILLA vs. RITE AID, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied Cinthia Quintanilla's petition for reconsideration in the case against Rite Aid and Travelers Property Casualty Company. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave them great weight, particularly regarding credibility. This order upholds the WCJ's original decision without further elaboration.

QuintanillaRite AidTravelers Property Casualty CompanyADJ7341449Reconsideration DeniedWCJ ReportCredibility FindingGarza v. WCABWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ10728990
Regular
Jul 25, 2025

XYZ ADJ10728990 vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), Legally Uninsured, Administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a WCJ's decision denying XYZ ADJ10728990's claim of industrial injury (HIV/AIDS) sustained as a caregiver/dialysis technician. The applicant had sought reconsideration, arguing for more time to develop the evidentiary record. The Board adopted the WCJ's report, which relied on the Qualified Medical Evaluator's opinion. The QME concluded that the timeline of the applicant's AIDS diagnosis in May 2015 indicated the HIV infection occurred many years prior, thus precluding the claimed employment period (August-December 2013) as the cause, rendering further discovery on the patient's HIV status irrelevant.

Workers' Compensation Appeals BoardIHSSLegally UninsuredYork Risk Services GroupPetition for ReconsiderationWCJFindings of Fact and Orderindustrial injuryAcquired Immune Deficiency SyndromeAIDS
References
Case No. ADJ3935605
Regular
Apr 09, 2009

JOHANNA HOAGLAND vs. CITY OF ROHNERT PARK, REMIF

This case, involving Johanna Hoagland and the City of Rohnert Park/REMIF, is dismissed because the petitioner has withdrawn their Petition for Reconsideration. The Board issued an order formally dismissing the petition that was filed. The dismissal is effective as of April 9, 2009.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardJohanna HoaglandCity of Rohnert ParkREMIFADJ3935605SRO 0113564Frank M. Brass
References
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