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

Case No. ADJ3855232 (LAO 0400735)

Regular

Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

This case involves a dispute over the compensability of cardiovascular injury and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following a 1975 industrial injury. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant failed to prove CIDP was work-related but sustained his burden that cardiovascular treatment is a compensable consequence of the industrial injury. The WCAB clarified that enforcing medical treatment for the cardiovascular condition, which arose during authorized back surgery, falls under its continuing jurisdiction, not a prohibited amendment of the original award more than five years post-injury. Medical opinions regarding causation were found to constitute substantial evidence, resolving conflicting expert testimony.

Workers' Compensation Appeals BoardRoberto BarreroKnudsen Dairy CorporationFireman's Fund Insurance CompanyADJ3855232Van Nuys District OfficeOpinion and Decision After ReconsiderationFindings of FactWCJindustrial injury

References

Case No. ADJ6788177

Regular

May 13, 2015

GREGORY GREENE vs. CENTRAL PARKING SYSTEMS, SEDGWICK CMS

In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The defendant challenged a $75\%$ permanent disability award, arguing the primary treating physician's rating improperly combined various lower extremity impairments, violating the AMA Guides. The Board found the WCJ's reliance on the physician's opinion was supported by substantial evidence, emphasizing the need for accurate, not mechanical, application of the Guides. A dissenting opinion argued the rating was not substantial evidence as it failed to follow proper *Almaraz-Guzman* procedures for deviating from strict AMA Guides application and advocated for remand.

Workers' Compensation Appeals BoardAmended Findings and AwardPetition for Reconsiderationindustrial injurypermanent disabilitylife pensionLabor Code section 4658 (d) increasesubstantial medical evidenceLabor Code section 4660 (b)(1)AMA Guides

References

Case No. ADJ8506555, ADJ8506558, ADJ8506584, ADJ8506485

Regular

Mar 24, 2015

MITCHELL BLAIR vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, VENTURA YOUTH CORRECTIONAL FACILITY, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed a previous award finding an applicant sustained multiple industrial injuries. The Board amended the decision to allow the defendant a $4,000 credit for a permanent disability advance and to correct a clerical error regarding indemnity calculation. The defendant's argument challenging the substantial evidence of the agreed medical examiner was not persuasive and their attempt to introduce new evidence was rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAdministrative Law JudgeIndustrial InjuryCumulative TraumaPermanent DisabilityAgreed Medical ExaminerSubstantial EvidenceMedical Record Development

References

Case No. ADJ3403193 (RIV 0072531)

Regular

Sep 08, 2009

PERRY NICKLE vs. MESA CONTRACTING CORPORATION, SEABRIGHT INSURANCE

The Appeals Board granted reconsideration, rescinding the original award and substituting a new one. The Board found that the applicant did not sustain a hearing loss injury but did sustain neurological and orthopedic permanent disability. They determined that 60% of the orthopedic disability and 50% of the neurological disability were non-industrial, resulting in a revised permanent disability award of 31%. The Board also confirmed the applicant's entitlement to a cane and further medical treatment based on expert medical opinions.

Workers' Compensation Appeals BoardReconsiderationApportionmentAgreed Medical EvaluatorQualified Medical EvaluatorPermanent DisabilityNeurological DisabilityOrthopedic DisabilityHearing LossDegenerative Disease

References

Case No. ADJ3332763 (OAK 0340542)

Regular

Mar 27, 2009

AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.

Workers' Compensation Appeals BoardAugustine ScottUniversity of CaliforniaOffice of the PresidentLegally UninsuredSedgwick CMSSenior Data ProcessorProduction CoordinatorIndustrial InjuryHands

References

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Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

GREGORY GREENE vs. CENTRAL PARKING SYSTEMS, SEDGWICK CMS

MITCHELL BLAIR vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, VENTURA YOUTH CORRECTIONAL FACILITY, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

PERRY NICKLE vs. MESA CONTRACTING CORPORATION, SEABRIGHT INSURANCE

AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE

Workers' Compensation Appeals BoardAugustine ScottUniversity of CaliforniaOffice of the PresidentLegally UninsuredSedgwick CMSSenior Data ProcessorProduction CoordinatorIndustrial InjuryHands