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

Case No. LBO 0348739, LBO 0348738, LBO 0374512
Regular
Mar 13, 2008

ROSA MARTINEZ vs. IN SOO SHOO & GRACE JIN CHO dba SOFT TONE CLEANERS, BROADSPIRE INSURANCE, CHONG KU KIM dba SOFT TONE CLEANERS

The Workers' Compensation Appeals Board denied reconsideration of a WCJ's findings on an applicant's right hand injury. The Board adopted the WCJ's report, emphasizing the deference given to the WCJ's credibility determinations. The Board also corrected a minor clerical error in the WCJ's report heading, substituting "Workers' Compensation Appeals Board" for "Division of Workers' Compensation."

WCABPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Judicial AuthorityOriginal JurisdictionLab. CodeDelegation of PowersCal. Code Regs.
References
Case No. ADJ7138792
Regular
Feb 28, 2011

HILDA BONILLA vs. CAMEO CLEANERS, TOWER SELECT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to reverse a prior finding of industrial psychiatric injury. The WCAB found the applicant's psychiatric injury claim barred by Labor Code section 3208.3(d) because she was employed for less than six months. The Board determined the incident, where an ironing press lowered on the applicant's hand, was not a "sudden and extraordinary employment condition" as required to overcome the six-month rule. This conclusion was based on evidence that burns at a dry cleaner are common and that the machine operated with a single button, increasing the risk of such an injury.

Labor Code 3208.3(d)psychiatric injurysudden and extraordinary eventsix-month employment ruledry cleanerindustrial injuryreconsiderationWCJAppeals Boardoccupational burn
References
Case No. MON 0287034
Regular
Feb 05, 2008

G. HERNANDEZ vs. PARK CLEANERS, HIGHLAND UNDERWRITERS INSURANCE CO.

This case concerns a worker's compensation applicant appealing a prior decision regarding apportionment of permanent disability. The Workers' Compensation Appeals Board granted reconsideration to clarify that one-third of the applicant's knee permanent disability, not overall permanent disability, should be apportioned to non-industrial factors based on a specific medical report. This amendment corrects a previous finding and aligns the decision with the medical evidence concerning the applicant's knee condition.

Workers' Compensation Appeals BoardG. HernandezPark CleanersHighland Underwriters Insurance Co.MON 0287034ReconsiderationAdministrative Law JudgePermanent DisabilityApportionmentNon-industrial Factors
References
Case No. ADJ3722191 (GRO 0028583) ADJ916711 (GRO 0033193)
Regular
Oct 15, 2009

GUADALUPE CAMACHO vs. ONE HOUR VALLEY CLEANERS, PREFERRED EMPLOYERS INSURANCE COMPANY

The WCAB denied reconsideration of a February 11, 2009 decision that allowed an EDD lien against the defendant for an overpayment of a permanent disability award. The defendant's petition is denied because their failure to withhold funds for the lien resulted in the overpayment.

EDD lienlien claimstipulated awardpermanent disabilityLabor Code section 4909credit for overpaymentequitable discretionWCABapplicant's faultemployer's error
References
Case No. ADJ7026523; ADJ7026470
Regular
Oct 26, 2011

Nancy Parker vs. FOLSOM ORTHOPEDIC SURGERY, HARTFORD FIRE INSURANCE COMPANY

This case involves Nancy Parker's claims of work-related heart injury stemming from exposure to an aerosol cleaner and emotional distress from a co-worker. The Workers' Compensation Appeals Board denied reconsideration of the WCJ's findings. The WCJ found that the alleged exposure to the cleaning product likely occurred weeks before the claimed injury date, and the applicant's description of her interaction with the co-worker was significantly inaccurate. Consequently, the WCJ concluded the applicant did not sustain industrial injuries as alleged.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.Folsom OrthopedicsHartford Fire Insurance CompanyADJ7026523ADJ7026470cumulative traumaSprayway
References
Case No. ADJ2833404 (VNO 0296687)
Regular
Nov 16, 2015

MAKE HOFF vs. MIKE HOFF INVESTIGATIONS, STATE COMPENSATION INSURANCE FUND

This case concerns reimbursement for household services for a worker with a 1991 industrial injury resulting in 100% permanent disability. The Workers' Compensation Appeals Board affirmed an award for weekly gardener, cleaner, and pool services, finding they were medically necessary and reasonable under a 2003 stipulated award. The Board also rescinded the attorney's fee award, returning the case for the judge to determine penalties for the employer's unreasonable refusal to pay these services. The employer had unilaterally ceased payment despite no change in the applicant's condition.

Workers' Compensation Appeals BoardReconsiderationStipulated AwardAgreed Medical ExaminerPermanent DisabilityMedical TreatmentGardenerHouse CleanerPool ServiceReimbursement
References
Case No. ADJ7489160
Regular
Oct 12, 2015

IRMA CERON vs. NICE CLEANERS

The Workers' Compensation Appeals Board denied Irma Ceron's Petition for Removal against Nice Cleaners. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board adopted the WCJ's report, finding that reconsideration after a final decision would be an adequate remedy. The applicant's request for further discovery after the Mandatory Settlement Conference, when discovery was closed, was also a factor in the denial.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationinterlocutory orderDeclaration of ReadinessMandatory Settlement Conferencediscovery closure
References
Case No. ADJ3462597 (MON 0287034)
Regular
Jan 18, 2011

JOSE G. HERNANDEZ vs. PARK CLEANERS, HIGHLANDS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed and denied defendant Park Cleaners' Petition for Removal. The defendant sought to have a different administrative law judge (WCJ) assigned to the case. The WCAB adopted the WCJ's recommendation, finding the petition untimely and unverified. Furthermore, the defendant failed to demonstrate the significant prejudice or irreparable harm required for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJUntimely PetitionUnverified PetitionSignificant PrejudiceIrreparable HarmPetition for DisqualificationLabor Code Section 5310Declaration of Readiness
References
Case No. ADJ8641564
Regular
Aug 01, 2013

JORGE AGUILAR vs. IGNACIO TRANCOSO dba SLOAN'S DRY CLEANERS, ARGONAUT INSURANCE COMPANY

This case involves a workers' compensation applicant, Jorge Aguilar, who sustained an industrial injury. The defendant, Sloan's Dry Cleaners and Argonaut Insurance Company, sought reconsideration, arguing the applicant was an independent contractor and not injured during employment. The Workers' Compensation Appeals Board denied the petition, finding the applicant was an employee based on the employer's right to control. The Board also affirmed the finding that the injury date was after termination, as the applicant credibly testified he only discovered the industrial relation after seeking medical treatment post-termination.

Workers' Compensation Appeals BoardAffirmative DefenseLabor Code Section 3600(a)(10)Independent ContractorIndustrial InjuryEmployee StatusRight to ControlPrima Facie CaseBurden of ProofBorello factors
References
Case No. ADJ9293201
Regular
Feb 27, 2017

FLORENCIO OVALLES vs. COIT SERVICES INC.; SAFETY NATIONAL CASUALTY CORPORATION ADMINISTERED BY MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained industrial injury to his lumbar spine and lower extremities. Defendant sought reconsideration, arguing the applicant was not credible and the findings lacked substantial evidence. The Board adopted the WCJ's credibility determination, finding ample evidence supported the award, despite acknowledged inconsistencies in the applicant's statements to medical evaluators. One Commissioner dissented, believing the medical opinion on causation was insufficiently definitive to meet the standard of reasonable medical probability.

AOE/COElumbar spineradicular painHVAC cleanerpermanent disabilitysubstantial evidencecredibilityPanel Qualified Medical ExaminationPQME reportTagalog
References
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