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

Case No. ADJ10173387; ADJ19907358; ADJ3052978; ADJ3882676; ADJ4063239; ADJ4429907; ADJ883851; ADJ8926536
Regular
Sep 22, 2025

AURORA MUNOZ vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a denial of increased benefits for serious and willful misconduct by her employer. The applicant, a bus driver, was injured when a passenger lift malfunctioned. The Board denied reconsideration, affirming the WCJ's finding that the employer did not engage in serious and willful misconduct, as they reasonably relied on a mechanic's report stating the vehicle was safe to operate after an electrical short. The Board also found no basis for a presumption of serious and willful misconduct due to the employer's alleged failure to respond to discovery requests, as such procedures are not typically applicable in workers' compensation proceedings.

Serious and Willful MisconductLabor Code Section 4553Vehicle Inspection ReportPassenger LiftMechanic's Opinion"OK to Drive"Knowledge of DangerIntentional ActReckless DisregardAdverse Inference
References
Case No. ADJ4196316
Regular
Mar 14, 2011

LINDA SMITHEM vs. REDWOOD CITY SCHOOL DISTRICT, PIPS (Protected Insurance Program for Schools) JPA, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a Finding and Award. The original award required the defendant to provide a lift for a motorized scooter and a vehicle accommodating it as reasonable medical treatment for the applicant's industrial injury. The defendant argued this was unreasonable medical treatment and that the judge exceeded her authority. The Board adopted the WCJ's report, denying reconsideration, but noted the defendant's ongoing obligation to negotiate in good faith for the required equipment.

Workers' Compensation Appeals BoardRedwood City School DistrictPIPSKeenan \& AssociatesFinding and Awardliftmotorized scootervehiclereasonable medical treatmentLabor Code section 4600
References
Case No. ADJ390857 (VNO 0495491)
Regular
Nov 18, 2014

MERCEDES WITTERMAN vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CRUM AND FORSTER

The Appeals Board granted removal and dismissed the defendant's petition for reconsideration regarding a WCJ's order to send van modification documents to an Agreed Medical Examiner. The Board determined that the specific type of lift required for the applicant's van is not a medical issue for an AME, but rather requires expertise in van modification. Therefore, the matter was returned to the WCJ for further proceedings and to obtain evidence from qualified experts in van modifications. The WCJ's original order was rescinded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical Examiner (AME)Utilization Review (UR)Independent Medical Review (IMR)van modificationpower chairliftmedical question
References
Case No. ADJ1834869
Regular
Feb 10, 2014

GREGORY CLEVELAND vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding permanent disability (PD) awarded to the applicant. The Board adopted the findings of the administrative law judge, noting the defendant's failure to cross-examine the rater on the calculation of PD, which included instructions to consider overlap of heavy lifting. Furthermore, the Board admonished the defendant for attaching documents to its petition in violation of board rules. The applicant was awarded PD based on restrictions from heavy lifting for his cervical spine and right shoulder.

WORKERS' COMPENSATION APPEALS BOARDCITY OF LOS ANGELESPERMISSIBLY SELF-INSUREDPETITION FOR RECONSIDERATIONDENIEDRATING INSTRUCTIONSOVERLAPVERY HEAVY LIFTINGAPPORTIONMENTLABOR CODE §4664
References
Case No. ADJ10192587
Regular
Dec 27, 2017

TIMOTHY WILCOX vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involved a workers' compensation claim where the applicant, Timothy Wilcox, sought benefits for an abdominal injury sustained while lifting. The defendant contested the 50-pound lifting restriction recommended by the applicant's Qualified Medical Examiner (PQME), Dr. Fearer. The Appeals Board upheld the WCJ's decision, finding Dr. Fearer's medical opinion to be substantial evidence, even though it changed significantly. The Board adopted Dr. Fearer's reasoning that the 50-pound restriction, supported by applicant's credible testimony and affecting his ability to perform his firefighter duties, justified an increased permanent disability rating.

workers' compensationPetition for ReconsiderationQualified Medical ExaminerPQMEwhole person impairmentWPIlifting restrictioninternal herniasmall bowel resectionAlmaraz/Guzman
References
Case No. ADJ8202473
Regular
Jun 05, 2014

KEVIN COMPARAN vs. LDI TRUCKING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" finding for Kevin Comparan. Comparan alleged injury while lifting a truck tire, but co-worker testimony contradicted his account. The employer's unusual practice of reimbursing non-industrial medical bills complicated the case. Ultimately, the applicant failed to meet his burden of proof that the injury occurred at work, leading to the denial of his petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGarza v. Workmen's Comp. Appeals Bd.LDI TruckingCalifornia Insurance Guarantee AssociationUllico Casualty CompanySedgwickDiesel MechanicLow Back Injury
References
Case No. ADJ1583406 (AHM 0127701)
Regular
Oct 27, 2008

VERONICA SINGH vs. KAISER FOUNDATION HEALTH PLAN, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied Kaiser Foundation Health Plan's petition for reconsideration, upholding the administrative law judge's order for a hospital bed and lift chair. The Board found the applicant's treating physician provided substantial medical evidence supporting the necessity of these items for pain relief and recovery post-surgery. Defendant's arguments regarding the lack of medical evidence and attorney fees were rejected.

Workers' Compensation Appeals BoardKaiser Foundation Health Planhospital bedlift chairindustrial injuryspine surgerylumbar spineProdisc replacementneuropathic paindurable medical equipment
References
Case No. ADJ9610649
Regular
Sep 18, 2015

MARIA CASTELLANOS vs. MEDTRONICS, ESIS CHATSWORTH

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the Workers' Compensation Administrative Law Judge (WCJ) who found the applicant did not sustain the alleged injury. The WCJ found the applicant's supervisor's testimony regarding the applicant's job duties to be credible, contradicting the applicant's account of heavy lifting. The Board gave great weight to the WCJ's credibility determinations, as the judge observed the witnesses directly.

WCABPetition for ReconsiderationWCALJcredibility determinationcumulative traumaindustrial causationstock clerkMedtronicsACE USAExhibit 1
References
Case No. ADJ8308149
Regular
Apr 18, 2014

MILVIA RODAS vs. OAK VIEW CONVALESCENT, CARE WEST PEGASUS

Here is a summary of the case for a lawyer, in four sentences: The Workers' Compensation Appeals Board denied reconsideration of a decision that found Milvia Rodas sustained an injury arising out of and in the course of employment. The Board adopted the WCJ's report, which found the applicant's testimony credible regarding an incident where a trapeze lift's screws loosened, causing her to hold a patient. The WCJ also relied on medical reports that were not refuted by defense evidence. Finally, the Board upheld the finding that a post-termination defense was inapplicable as the applicant was suspended, not terminated.

Workers' Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COECertified Nursing AssistantTrapeze LiftCredibility FindingMedical EvidenceDr. RubanenkoGlendale Memorial HospitalPost-Termination Defense
References
Case No. ADJ12705097
Regular
Sep 21, 2022

FRED BROYLES vs. ATLAS VAN LINES, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

In Broyles v. Atlas Van Lines, the WCAB denied the defendant's petition for reconsideration, affirming the finding of 29% permanent disability. The Administrative Law Judge and the Board found that the Qualified Medical Evaluator (QME) properly utilized the Almaraz/Guzman principles to deviate from a strict AMA Guides rating. The QME's analogy to a hernia condition was deemed substantial evidence for assessing the applicant's impairment due to limitations on lifting and its impact on daily living activities. The Board concluded the QME adequately explained the departure from the standard rating and provided sufficient reasoning for the alternative assessment.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 4660.1(d)scheduled ratingprima facie evidencerebuttableMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Almaraz-Guzman IIIwhole person impairment (WPI)AMA Guides
References
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