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

Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ2728533 (VNO 0389518) ADJ2462440 (VNO 0193190)
Regular
Jul 27, 2015

ALICIA VALENZUELA vs. LEATHERCRAFT TECHNOLOGIES dba ALEXANDER HANDBAGS, CYPRESS INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE CO., CONSTITUTION STATE SERVICE CO.

This case concerns a defendant's petition for reconsideration of an arbitrator's decision regarding a lien claim for medical treatment reimbursement. The arbitrator found the defendant responsible for 80% of low back treatment costs but not kidney or psyche treatment, despite the applicant's injuries being attributed to "pre-existing factors." The defendant argued it was denied due process and that the arbitrator erred in terminating its lien rights based on stipulations. The Board denied reconsideration, finding the defendant had a fair hearing and failed to meet its burden of proof that the "pre-existing factors" included a prior 1987 injury, with medical evidence supporting the arbitrator's conclusion.

Workers' Compensation Appeals BoardPetition for ReconsiderationLienMedical TreatmentPre-existing FactorsCumulative InjurySpecific InjuryDue ProcessFair HearingBurden of Proof
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. ADJ8032740
Regular
Sep 17, 2014

LAURA RAMIREZ vs. LOYOLA MARYMOUNT UNIVERSITY, TRAVELERS

This case involved a custodian injured on the job, causing admitted industrial injury to her knee and lumbar spine. The Administrative Law Judge apportioned 50% of the permanent disability to pre-existing arthritis, a decision the applicant contested. The Workers' Compensation Appeals Board denied reconsideration, finding the apportionment supported by medical evidence indicating the industrial injury and pre-existing arthritis jointly necessitated knee replacement surgery. This aligns with precedent requiring apportionment to all causative factors, including underlying pathology.

ApportionmentPre-existing arthritisIndustrial injuryPermanent disabilityWCJPetition for reconsiderationLabor Code 4663PQMEOrthopaedic surgeonArthroplasty
References
Case No. SAL 0112833
Regular
Jan 11, 2008

MICHAEL MERCIER vs. INTEL CORPORATION, PSI, administered by BROADSPIRE CLAIM SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reinstating an earlier award that apportioned 20% of the applicant's permanent disability to pre-existing factors. The WCAB found the Agreed Medical Evaluator's (AME) opinion on apportionment to be substantial evidence under current law, even though the pre-existing conditions were asymptomatic prior to the industrial injury. This decision reverses the WCJ's later finding of 32% permanent disability without apportionment.

Workers' Compensation Appeals BoardIndustrial InjuryFabrication TechnicianLower Back InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorDr. ConradPre-existing FactorsDegenerative Change
References
Case No. ADJ1861602 (NOR 0180537) ADJ509009 (NOR 0190111)
Regular
Aug 23, 2010

MARIO VAZQUEZ vs. SOUTHERN CALIFORNIA GAS COMPANY, ALEXIS RISK MANAGEMENT SERVICES, INC.

The defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) award of 100% permanent disability and lifetime benefits to the applicant for psychological and physical injuries. The defendant argued for apportionment to non-industrial factors, citing a medical evaluator's opinion that the applicant had pre-existing personality disorders. However, the WCAB denied reconsideration, finding the defendant failed to meet its burden of proof on apportionment, as the medical expert could not medically quantify the non-industrial contribution to the disability. Furthermore, the WCAB upheld the finding that the applicant's two industrial injuries were intertwined, preventing separate apportionment between them.

Petition for ReconsiderationJoint Findings of Fact and AwardIndustrial InjuryPsycheHeadachesSeizuresPermanent DisabilityApportionmentNon-Industrial FactorsSubstantial Evidence
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. ADJ401125 (LAO 0843257)
Regular
Dec 24, 2010

ORETHA BOYD vs. SERVICE CRAFT LOGISTICS, COLONIAL RISK

The Workers' Compensation Appeals Board granted reconsideration to reverse the finding of temporary total disability and the need for future medical treatment for the applicant's heart condition and hypertension. The Board found insufficient substantial medical evidence to support that these pre-existing conditions, aggravated by work stressors, caused the claimed period of disability. Applicant's prior carpal tunnel injury and its ongoing treatment were identified as the primary cause of her absence from work. The award was modified to remove temporary disability and future medical treatment for the heart/hypertension, and attorney fees were adjusted accordingly.

Workers' Compensation Appeals BoardOretha BoydService Craft LogisticsColonial RiskAmended Findings and Awardindustrial injuryheart conditionhypertensiondiabetestemporary total disability
References
Case No. ADJ522166 (POM 0281896)
Regular
Jan 14, 2011

RICHARD HOLLAND vs. STATER BROS MARKETS; HARTFORD, SPECIALTY RISK SERVUCES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding apportionment. The Board found that the Agreed Medical Evaluator's opinion on apportionment was substantial medical evidence, despite the administrative law judge's prior rejection. Consequently, the applicant's permanent disability was reduced from 78% to 55% after apportionment to pre-existing conditions. The applicant's petition for reconsideration concerning temporary disability was denied.

Workers Compensation Appeals BoardStater Bros MarketsHartfordSpecialty Risk ServicesFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical Evaluator (AME)Dr. Akmakjian
References
Case No. ADJ1728931
Regular
Apr 28, 2011

GEORGE PARGA vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS FRESNO

This case involved an applicant, George Parga, who suffered an industrial injury to his right big toe and knee while employed as a police officer. The initial award apportioned 9% permanent disability, attributing half to pre-existing diabetes. The Appeals Board granted reconsideration, finding the medical expert's apportionment opinion lacked substantial evidence as diabetes did not cause disability at the time of evaluation. Consequently, the Board awarded an unapportioned 18% permanent disability.

Workers' Compensation Appeals BoardGeorge PargaCity of FresnoAmerican All Risk Loss FresnoOpinion and Order Granting ReconsiderationDecision After ReconsiderationPolice OfficerIndustrial InjuryRight Big ToeRight Knee
References
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