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

Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ117564
Regular
Oct 05, 2012

Catrina Williams vs. Diversified Photo\/Supply, CIGA by its Servicing Facility CAMBRIDGE INTEGRATED, on behalf of FREMONT INSURANCE, in liquidation

The Workers' Compensation Appeals Board affirmed the WCJ's finding of industrial injury to the applicant's neck and bilateral upper extremities, resulting in 55.75% permanent disability. Applicant's contentions regarding apportionment of neck disability to non-industrial causes, injury to shoulders, internal systems, and psychiatric injury were largely rejected based on lack of substantial medical evidence and credibility issues. The case was remanded for further proceedings solely to address a lien claim for attorney fees filed by the applicant's prior attorney, George Slotnick.

CIGAFremont Insuranceliquidiationreconsiderationcumulative traumabilateral upper extremitiesneck injuryapportionmentnon-industrial causesAgreed Medical Examiner
References
Case No. ADJ7927652
Regular
Oct 25, 2016

Bozenna Kasperowicz vs. Metropolitan State Hospital, State Compensation Insurance Fund

This case involves an industrial injury to the applicant, a psychiatric technician, sustained on June 14, 2011, from a patient strike to the head. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over psychiatric impairment and a sleep disorder rating. The WCAB affirmed the original award but reduced the permanent disability rating from 76% to 70% by excluding the sleep dysfunction impairment. The WCAB found Dr. O'Brien's opinion on psychiatric impairment more persuasive than conflicting medical evaluations and determined Dr. Matos's opinion on sleep impairment lacked substantial medical evidence due to staleness.

WCABReconsiderationPsychiatric ImpairmentWhole Person ImpairmentGAF ScoreSleep DisorderSubstantial Medical EvidencePermanent DisabilityQualified Medical EvaluatorInsomnia
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10446162, ADJ11588763
Regular
Aug 19, 2019

Elvie Santiago vs. STATE OF CALIFORNIA, PATTON STATE HOSPITAL

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the initial Joint Findings & Award. The Board found that the administrative law judge improperly "added" psychiatric and orthopedic disabilities without medical evidence or notice to the parties, deviating from the standard Combined Values Chart method. The matter is returned to the judge to develop the record regarding permanent disability ratings, while affirming a stipulated credit for temporary disability overpayment. Issues of permanent disability and attorney's fees are deferred pending further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings & AwardApportionmentOrthopedic DisabilityPsychiatric DisabilityCombined Values ChartAgreed Medical ExaminerMaximum Medical ImprovementPosttraumatic Stress Disorder
References
Case No. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. ADJ2419502 (MON 0329358) ADJ4501373 (MON 0326365)
Regular
Oct 24, 2011

MACK JARAMILLO vs. COCA COLA BOTTLING CO., Permissibly Self-Insured

This case involves a warehouseman seeking workers' compensation for cumulative and specific injuries resulting in severe physical and psychological impairments. The applicant was awarded 100 percent permanent disability, including further medical treatment, for his specific injury. The defendant sought reconsideration, arguing the 100 percent permanent disability rating was improperly calculated by disregarding the AMA Guides' Combined Values Chart. The Appeals Board denied reconsideration, finding the WCJ properly determined the applicant was totally disabled "in accordance with the fact" under Labor Code Section 4662, supported by substantial evidence of total loss of earning capacity.

WCABPetition for ReconsiderationFindings and OrderFindings and Awardstipulationindustrial injurycervical spinelumbar spinepsycheseizure disorder
References
Case No. ADJ6981320
Regular
Jan 29, 2018

DAVID SCHWEIKERT vs. STATE OF CALIFORNIA - CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a prior award but amended it to find the applicant sustained injury to his head, neck, and left upper extremity, resulting in 72% permanent disability. The Board clarified that the applicant's lumbar spine injury, previously resolved, was not part of this claim. Furthermore, the Board determined that the applicant is not entitled to future psychiatric treatment. The decision also addressed the rating of headaches as a consciousness disorder and the use of pain add-ons, finding the original evaluations appropriate.

Workers' Compensation Appeals BoardState Compensation Insurance FundAgreed Medical ExaminersWhole Person ImpairmentAMA GuidesDRE Cervical Category IICognitive DisorderConsciousness DisorderVestibular DisorderPeripheral Vascular Disease
References
Case No. ADJ613281
Regular
May 03, 2016

AMANDINA ANDRADE vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration, amending the judge's decision to find applicant entitled to penalties for unreasonable delay in permanent disability payments under Labor Code sections 5814 and 4650(d). The Board found the defendant failed to provide evidence of a genuine doubt for the delay after receiving multiple medical reports indicating permanent disability. The matter was returned to the trial level for further proceedings to determine the amount of penalties due, while affirming the judge's decision regarding a credit for overpayment of temporary disability.

WCABPetition for ReconsiderationFindings and AwardProbation Group SupervisorIndustrial InjuryNeckBackLeft KneeGastrointestinal SystemPsyche
References
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