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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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ8394203
Regular
Oct 08, 2013

Anthony Miranda vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied Anthony Miranda's Petition for Reconsideration, upholding the WCJ's decision that his injury claim was barred under Labor Code section 3600(a)(10). Miranda failed to prove any of the statutory exceptions, specifically that his employer had notice of the injury before his termination notice, that his pre-termination medical records documented the injury, or that the injury occurred after his termination notice. The Board found that Miranda admitted he did not report the injury until after his termination and that no medical evidence existed prior to his termination notice. Therefore, his claim for the May 9, 2012, bus accident injury was denied.

Labor Code 3600(a)(10)Petition for ReconsiderationDenial of ReconsiderationTimeliness of ClaimNotice of TerminationPre-Termination InjuryMedical RecordsSurveillance VideoIndustrial InjuryWorkers' Compensation Appeals Board
References
Case No. ADJ10148520
Regular
Jun 01, 2018

Fernando Lopez Chang vs. JLS Environmental Services, ACE American Insurance Company, BARRETT BUSINESS BUREAU

The Workers' Compensation Appeals Board affirmed a judge's decision that the applicant is barred from compensation for a right shoulder injury. The applicant failed to report the injury to his employer prior to his termination, which is a requirement under Labor Code section 3600(a)(10) for post-termination claims. The Board found insufficient evidence that the employer had notice of the injury before termination or that medical records predated termination with evidence of the injury. Therefore, the applicant did not meet any of the statutory exceptions to have his claim considered.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)industrial injuryplastererright shoulder injuryreporting injuryterminationpost-termination claimpreponderance of evidenceemployer notice
References
Case No. ADJ6655702
Regular
Mar 18, 2010

GERICK CATUGDA vs. WINKLEBLACK CONSTRUCTION, CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES

This case concerns whether the "going and coming rule" bars applicant's workers' compensation claim for injuries sustained during his commute. The defendant argued the rule applied, but the Workers' Compensation Appeals Board denied their petition for reconsideration. The Board adopted the WCJ's finding that the applicant's employment required him to have transportation for multiple job sites, creating an exception to the rule. This decision aligns with established precedent, where transportation necessity for the employer's benefit removes the commute from the rule's exclusion.

Going and coming ruleindustrial injuryconstruction laborerhead injurybrain injurypsyche injuryspine injuryribs injurypelvis injuryarms injury
References
Case No. SDO 0343165
Regular
Nov 21, 2007

ROSARIO ARRIAGA vs. THE EASTRIDGE GROUP, AMERICAN HOME ASSURANCE COMPANY

This case involves an employer's petition for reconsideration of an award for temporary disability benefits for an injured assembler. The employer argued the applicant was terminated for good cause unrelated to her injury and that modified duties would have been available. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's findings. The Board found the employer failed to present credible evidence of available modified duty and that the applicant's termination was not proven to be for "good cause" based on conflicting testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total DisabilityModified DutyTermination for Good CauseIndustrial InjuryNeck InjuryBack InjuryShoulder Injury
References
Case No. ADJ7257085
Regular
Apr 13, 2012

RAMON MACIAS vs. SOUTHWIRE CORPORATION, OLD REPUBLIC RISK MANAGEMENT

This case concerns an applicant claiming back, hip, and ankle injury from May 1, 2009, who reported it during an exit interview on March 22, 2010, after receiving notice of termination. The Board denied reconsideration, affirming the trial judge's findings based on parties' stipulations that the injury was reported post-termination without notice to the employer beforehand. The Board found that Labor Code section 3600(a)(10) bars claims filed after notice of termination unless specific exceptions apply, and the applicant's reported injury date predates termination notice. The issue of potential exceptions under section 3600(a)(10) remains reserved for further proceedings.

Labor Code Section 3600(a)(10)Post-termination claimExit interviewActual notice of terminationStipulationsWCABReconsideration deniedPreponderance of evidenceExceptions to denialCompensable injury
References
Case No. ADJ12672803, ADJ12979844, ADJ12673709
Regular
Apr 24, 2023

FREDDIE BANUELOS vs. ROBERT BERCU, STATE FARM FIRE AND CASUALTY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of three prior decisions, affirming the dismissal of the post-termination defense for a right knee injury (ADJ12979844) and a cumulative trauma psychiatric injury claim (ADJ12673709), finding employer knowledge prior to termination. However, the Board amended the decision for a cumulative orthopedic injury claim (ADJ12672803), deferring the finding of industrial injury pending further development of the record regarding specific body parts and treatment needs. The Board also clarified that no psychiatric injury was found to date in ADJ12673709, and arguments regarding medical evidence for that claim were premature.

Post-termination defenseLabor Code 3600(a)(10)Labor Code 3208.3(e)Employer knowledgeIndustrial injuryOrthopedic injuryPsychiatric injuryCumulative traumaSpecific injuryRight knee injury
References
Case No. ADJ 1612085, ADJ 3458861, VNO 407730, VNO 407729
Regular
Aug 29, 2008

JOHN HANSEN vs. TILE TRENDS, STATE COMPENSATION INSURANCE FUND, ZC INSURANCE

The WCAB denied reconsideration of a decision awarding permanent disability benefits to the applicant for industrial injuries to his spine, shoulders, knees, back, neck, and heart/internal system. The defendants argued that the WCJ erred in finding the date of injury, relying on certain medical opinions, and apportioning liability.

WCABTile SetterSpine InjuryShoulder InjuryKnee InjuryBack InjuryNeck InjuryHeart InjuryInternal System InjuryTemporary Disability
References
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