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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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ13901094
Regular
Jun 19, 2025

MONA MURILLO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

Applicant Mona Murillo filed a Petition for Reconsideration on March 20, 2025, challenging a December 13, 2024, Findings of Fact by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ had found industrial injury to Murillo's facial bones and left knee, sustained while working for the California Department of Corrections, but also determined she could not collect permanent disability benefits while incarcerated. The Workers' Compensation Appeals Board reviewed the petition, defendant's answer, and the WCJ's Report and Recommendation. The Board determined that Murillo's Petition was both untimely, having been filed after the January 7, 2025, deadline, and unverified as required by Labor Code section 5902. Consequently, the Appeals Board dismissed the Petition for Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerIndustrial InjuryPermanent Disability BenefitsIncarcerationUntimely PetitionUnverified PetitionLabor Code Section 5909
References
Case No. ADJ 671209 (LAO 0813057) ADJ2245609 (LAO 0865114)
Regular
Nov 26, 2008

ARMANDO SONORA vs. ATLANTIS PLASTICS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petitioner's petition for reconsideration because it was filed untimely. The WCAB also denied the petitioner's petition for removal, finding no substantial prejudice or irreparable harm, as defects in the underlying petition for benefits were curable. The petitioner sought reimbursement for interpreting services and claimed proper service of his petition for benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLabor Code Sections 5811Labor Code Sections 5813Workers' Compensation Administrative Law JudgePetition for BenefitsJoint OrdersReimbursable CostsSpanish Interpreting Services
References
Case No. ADJ6790437
Regular
Jun 23, 2010

CHRISTOPHER PECKHAM (Dec'd) LISA FALVO-PECKHAM (Widow) vs. RESOLUTION LAW CORP AND REPUBLIC INDEMNITY CO. OF AMERICA

This case concerns a widow's petition for reconsideration of death benefits for her deceased husband. The applicant argued that death benefits should be annually adjusted based on the State Average Weekly Wage (SAWW), even if the decedent's actual earnings did not increase. The Workers' Compensation Appeals Board denied the petition, affirming the administrative judge's finding. The Board concluded that Labor Code section 4453(a)(10) only sets maximum rates and does not mandate automatic increases for death benefits beyond calculated average weekly earnings.

Workers' Compensation Appeals BoardDeath BenefitsPetition for ReconsiderationLabor Code Section 4453(a)(10)State Average Weekly Wage (SAWW)Earning CapacityStipulated AwardApplicant TestimonyExpert TestimonyFinancial Controller Testimony
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ7719185, ADJ7371909, ADJ8042011
Regular
Oct 04, 2016

Arthur Quintana vs. The State of California - Dept. of Corrections and RehabilitationCorcoran Prison (legally uninsured) by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior decision. The Board found that the issue of a Labor Code section 4658(d) permanent disability benefit increase could not have been determined at the initial trial because the applicant's permanent and stationary status was still contested. Consequently, the matter is remanded to the trial judge for further proceedings to determine if the applicant is entitled to this benefit increase.

Labor Code section 4658(d)permanent and stationary datepermanent disability benefit increasepetition for reconsiderationmedical examinercorrectional officerpsychiatric injuryadjusted indemnitywork offerdue process
References
Case No. ADJ2931695 (VNO 0522520) ADJ1823406 (VNO 0546227)
Regular
Jul 16, 2012

SANDY CASTLE vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal because it was untimely and unverified, violating WCAB Rules 10843(a) and 10844. The petition sought to rescind an order that took the case off calendar without ruling on the applicant's issues regarding an agreed medical evaluator's payment and a benefit printout. The Board adopted the judge's report and recommendation, finding the petition procedurally deficient. One commissioner dissented, arguing the judge should have ordered the benefit printout and payment of the AME's bill.

Petition for RemovalWorkers' Compensation Appeals BoardWCJDeclaration of Readiness to ProceedAgreed Medical EvaluatorAMEBenefit PrintoutWCAB Rule 10843(a)WCAB Rule 10844Untimely Petition
References
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
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