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

Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
2
Case No. ADJ8446188
Regular
Apr 20, 2020

MARTHA BARKER vs. POMONA UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES

The Workers' Compensation Appeals Board rescinded a prior award and remanded the case for further development of the record regarding Martha Barker's industrial injury claim against Pomona Unified School District. The Board found that Barker sustained injury to her left knee, low back, and upper gastrointestinal system but not her right knee, and requires future medical care. However, the specific liability for her stomach surgery and the exact level of her permanent disability remain unresolved due to conflicting medical reports and WCJ findings. Therefore, all issues beyond the confirmed injuries and need for future care are deferred.

Workers' Compensation Appeals BoardPomona Unified School DistrictYork Risk ServicesFindings and AwardWorkers' Compensation Administrative Law Judgepermanent disabilityLabor Code Section 4658temporary disability indemnityself-procured medical treatmentstomach surgery
References
1
Case No. ADJ10988642; ADJ11111236
Regular
Apr 14, 2025

Cecilia Dolores Garcia vs. Pomona Unified School District, Sedgwick Claims Management Services

Both applicant Cecilia Dolores Garcia and defendants Pomona Unified School District and Sedgwick Claims Management Services petitioned for reconsideration of the Workers' Compensation Administrative Law Judge's Findings and Order (Amended) from January 30, 2025. The WCJ had found no work-related psyche injury, an industrial left knee injury, and ordered further development for other claimed body parts. The applicant contested the psyche injury finding, while the defendants challenged the left knee finding and the need for further medical development. The Workers' Compensation Appeals Board granted both petitions for reconsideration and deferred a final decision pending further review of the merits and the entire record.

Cumulative traumaPsyche injuryLeft knee injuryIndustrial natureFurther developmentMed-legal evaluationSpecific injuryNon-industrialDiligencePetition for reconsideration
References
24
Case No. ADJ12221657; ADJ13326997
Regular
May 27, 2025

MARIA ALVAREZ vs. POMONA UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Maria Alvarez, an Elementary Campus Supervisor, sustained injuries to her left hand and wrist on October 15, 2018, and allegedly bilateral hands, right wrist, and right thumb due to cumulative trauma from September 1, 2005, through August 1, 2019. The defendant, Pomona Unified School District, filed a Petition for Reconsideration challenging the WCJ's finding of Occupational Code No. 322. The Appeals Board granted the petition solely to amend the February 20, 2025 Joint Findings, Order, and Award to defer the issue of whether applicant has reached maximum medical improvement in both cases, while otherwise affirming the WCJ's decision. The WCJ's determination of Occupational Group Number 322 was upheld, explaining its consistency with the applicant's food service duties, contrasting it with other clerical and professional occupations.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Maximum Medical ImprovementOccupational Group NumberDalen v. Worker's Comp. Appeals Bd.Schedule for Rating Permanent DisabilitiesAMA GuidesSpecific InjuryCumulative Trauma
References
4
Case No. ADJ8921826
Regular
Dec 02, 2013

ELVIA VELAZQUEZ NAVA vs. RUBIO'S RESTAURANTS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed against a non-final order. However, the Board granted removal on its own motion, finding sufficient grounds for a change of venue. The venue was transferred to the Pomona district office due to the significant inconvenience and expense for four key witnesses residing near Pomona who would testify regarding the applicant's employment and injury notification defense. This decision acknowledges that while the initial petition lacked specific street addresses, the cumulative hardship on witnesses justified the venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemoval on Board MotionDecision After RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgeOrder Denying Petition for Change of VenueIndustrial cumulative trauma injuryApplicant's attorney's principal place of business
References
0
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
11
Case No. ADJ1058061 (POM 0243061) ADJ2841042 (POM 0243062) ADJ1124442 (VNO 0503383)
Regular
Nov 26, 2018

LEONARD GAYLES vs. CITY OF POMONA, ADMINSURE

The Appeals Board rescinded a WCJ's award of attorney fees totaling $35,640.75 based on permanent disability advances. The defendant argued the WCJ erred by not addressing credit for prior attorney fees paid and that the fee calculation was excessive. The Board remanded the case for further proceedings to address the credit issue and reconsider the attorney fee award. The Board expressed no final opinion on the merits of the defendant's contentions.

Workers' Compensation Appeals BoardPermanent disability advancesAttorney fee lienLabor CodeSanctionsPenaltyPetition for reconsiderationCredit for prior paymentsPretrial Conference StatementMaster file
References
0
Case No. ADJ8777166
Regular
Jan 15, 2016

OZELIA HARRIS vs. POMONA UNIFIED SCHOOL DISTRICT, CORVEL

The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings. The applicant, Ozelia Harris, sustained a psyche injury arising out of and in the course of employment due to a stressful work environment. This stress stemmed from a confrontational principal and an overall difficult employment setting, not a good faith personnel action. The WCJ found entitlement to temporary total disability benefits for a specific period, with permanent disability and future medical treatment denied.

ADJ8777166POMONA UNIFIED SCHOOL DISTRICTCORVELPetition for ReconsiderationWCJcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.injury AOE/COEpsychestressful work environment
References
5
Case No. ADJ7805819
Regular
Nov 20, 2018

Eve Martinez vs. Pomona Unified School District, Corvel

This case involved an applicant seeking reconsideration of a prior award finding a left shoulder injury with 29% permanent disability. Applicant contested the WCJ's refusal to allow more time for medical evaluations. The parties subsequently participated in a settlement conference and agreed to Compromises and Releases resolving all claims. The Appeals Board approved the settlement, finding it adequate and in the applicant's best interest, rescinding the prior award.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompromise and ReleasePermanent DisabilityMedical TreatmentMedical EvaluationsLabor CodeWCAB RuleSelf-Insured
References
0
Case No. ADJ3803076
Regular
Mar 01, 2018

REBECCA MUNAR vs. POMONA UNIFIED SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the Administrative Law Judge's report, which found that the applicant sustained a continuous trauma injury to her bilateral knees. This finding was supported by substantial medical evidence, specifically the opinion of Dr. Akmakjian, which the Board found persuasive. The Board reiterated that one physician's opinion can constitute substantial evidence, even if it conflicts with other medical opinions.

Workers' Compensation Appeals BoardPetition for Reconsiderationsubstantial evidencephysician opinionindustrial injurybilateral kneesleft hipcontinuous traumaslip and fallspecific injury
References
1
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