Updated Daily

Case Law Database

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

Case No. ADJ7466746

Regular

Jul 16, 2012

JUAN CRUZ vs. FS COMMERCIAL LANDSCAPE, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's (ALJ) findings. The applicant sustained an industrial injury to his back and anus from lifting a heavy tarp, with medical records supporting this claim. The Board also affirmed the ALJ's credibility assessment of the applicant and found the post-termination defense inapplicable due to pre-termination medical records. Consequently, the petition for reconsideration was denied.

WCABPetition for ReconsiderationIndustrial InjuryPost-termination DefenseLabor Code Section 3600(a)(10)(B)Medical Records ExceptionCredibility FindingDr. ReinherzDr. MoshfeghAOE/COE

References

Case No. ADJ9917545

Regular

Nov 30, 2018

Richard Ray vs. Jed Francis, Inc., Zurich American Insurance Group, American Claims Management

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that Richard Ray sustained an industrial injury. This injury, originating from an eye incident, led to a MRSA infection, epidural abscess, paraplegia, and severe permanent impairments. Medical evidence from IME Dr. Feinberg, Dr. Edington, and Dr. Baum established a medical probability that the initial eye injury caused the subsequent severe cascade of medical conditions. The Board affirmed the WCJ's credibility determination regarding the applicant's testimony, finding no substantial contrary evidence.

Workers' Compensation Appeals Boardindustrial causationepidural abscessMRSAparaplegiasubstantial medical evidenceindependent medical evaluatorarising out of and in the course of employmentmedical sequelaeapportionment

References

Case No. ADJ557069 (LBO 0383687)

Regular

Mar 20, 2012

LEON SMITH vs. SECURITAS SECURITY SERVICES/PSI as administered by BROADSPIRE SERVICES

This case concerns an applicant who claimed an industrial injury from pushing hydraulic doors, resulting in a neck injury and quadriparesis. The WCJ found no industrial injury, relying on the opinion of a qualified medical evaluator (QME). The QME concluded that the applicant's severe cervical condition was caused by a pre-existing infectious abscess and would have manifested independently of the claimed industrial incident. The Appeals Board affirmed the WCJ's decision, finding substantial medical evidence from the QME that negated industrial causation and no need to further develop the record. The Board also admonished applicant's counsel for failing to properly verify and cite evidence in the petition for reconsideration.

Industrial injuryReconsiderationFindings of FactWCJIndustrial causationMedical evidenceQualified Medical EvaluatorCervical abscessSpinal collapseSubstantial evidence

References

Case No. ADJ7560161

Regular

Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability

References

Case No. ADJ8179824

Regular

Nov 18, 2015

Patrick Miglas vs. Sangera Automotive Group, CompWest Insurance Company

The Workers' Compensation Appeals Board denied the employer's Petition for Reconsideration in the case of Patrick Miglas. The Board found that the employer failed to demonstrate that the Qualified Medical Evaluators' opinions finding industrial causation for Miglas' neck, heart, and psyche injuries were not substantial evidence. The Board also admonished the applicant's attorney for procedural errors in the petition. The employer's arguments challenging the medical opinions lacked the necessary medical expertise and were therefore unconvincing.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportadministrative law judgeLabor Code §5903Labor Code 5952Qualified Medical EvaluatorsQMEindustrial causationneck injury

References

Showing 1-5 of 5 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

JUAN CRUZ vs. FS COMMERCIAL LANDSCAPE, INC., ZENITH INSURANCE COMPANY

WCABPetition for ReconsiderationIndustrial InjuryPost-termination DefenseLabor Code Section 3600(a)(10)(B)Medical Records ExceptionCredibility FindingDr. ReinherzDr. MoshfeghAOE/COE

Richard Ray vs. Jed Francis, Inc., Zurich American Insurance Group, American Claims Management

LEON SMITH vs. SECURITAS SECURITY SERVICES/PSI as administered by BROADSPIRE SERVICES

Industrial injuryReconsiderationFindings of FactWCJIndustrial causationMedical evidenceQualified Medical EvaluatorCervical abscessSpinal collapseSubstantial evidence

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

Patrick Miglas vs. Sangera Automotive Group, CompWest Insurance Company

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportadministrative law judgeLabor Code §5903Labor Code 5952Qualified Medical EvaluatorsQMEindustrial causationneck injury