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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. ADJ1396117 (MON 0355549)
Regular
Dec 04, 2008

MARK SNELGROVE vs. RAYTHEON SYSTEMS COMPANY, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The defendant argued the judge erred in apportioning permanent disability under Labor Code section 4663, instead of section 4664, due to a prior injury. The Board found the defendant failed to meet its burden to prove overlap between the prior and current disabilities, thus upholding the original apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryApportionmentLabor Code Section 4663Labor Code Section 4664Permanent DisabilityAgreed Medical Evaluator (AME)American Medical Association Guides (AMA Guides)Overlap
References
Case No. ADJ9787224, ADJ10307321
Regular
Jul 02, 2019

CAROLYN LANGLEY vs. 101 CASINO, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior award of permanent and total disability for Carolyn Langley against 101 Casino. The Board found the PQME's opinion substantial evidence supporting a combined award for two distinct industrial injuries because the physician could not reasonably apportion permanent disability between them. This conclusion aligns with case law allowing combined awards in limited circumstances where apportionment is medically speculative. The Board also found the WCJ correctly applied apportionment for a prior specific injury to the current cumulative trauma award.

Workers' Compensation Appeals BoardCarolyn Langley101 CasinoMitsui Sumitomo Marine ManagementADJ9787224ADJ10307321ReconsiderationJoint Findings and AwardCasino Card DealerIndustrial Injury
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ7215196 (MF) ADJ7214862 ADJ7267507
Regular
Feb 16, 2017

KARA ELLIS vs. CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board denied the California Highway Patrol's petition for reconsideration. The Board affirmed the administrative law judge's finding of 100% permanent total disability for the applicant, Kara Ellis, due to injuries sustained as a sworn officer. The employer failed to meet its burden of proof to demonstrate apportionment of prior disability awards, as required by law, and did not prove overlap of injuries. Therefore, the applicant is entitled to an unapportioned award of total permanent disability and future medical treatment.

Permanent Total DisabilityApportionmentOverlapLabor MarketEarning CapacitySworn OfficerIndustrial InjuriesUnapportioned AwardPrior AwardBody Parts
References
Case No. MON 0307506
Significant
Oct 26, 2005

Virginia Sanchez vs. County of Los Angeles, Tristar Risk Management (Adjusting Agent)

This en banc decision clarifies the issue of apportionment of permanent disability under Labor Code section 4664, holding that where a prior permanent disability award exists for the same body region, it is conclusively presumed to exist, and apportionment is required if the prior and current disabilities overlap.

SB 899ApportionmentLabor Code Section 4664Prior Permanent DisabilityOverlapping DisabilitiesConclusive PresumptionBurden of ProofMedical RehabilitationAbilities to Compete and EarnSame Region of the Body
References
Case No. ADJ11278324
Regular
Jul 10, 2019

JAY VARGA vs. CITY OF LOS ANGELES

This case concerns a police officer awarded 90% permanent disability for lung cancer and squamous cell carcinoma. The defendant employer sought to reduce this award by applying a prior 1996 award for hypertension and headaches under Labor Code § 4664(c)(1)(G), arguing they were the same body region. However, the Board denied reconsideration, finding the defendant failed to adequately prove the amount of prior permanent disability for the same body region. The record was insufficient to establish what prior award would reduce the current award.

Permanent DisabilityCumulative TraumaLung CancerSquamous Cell CarcinomaMastication InjuryThroat InjuryPolice OfficerLabor Code Section 4664(c)(1)(G)Lifetime LimitationPrior Award
References
Case No. ADJ4192022 (RDG 0099452)
Regular
Feb 23, 2010

MAURICE MONTGOMERY vs. DIRT MOVERS, STATE COMPENSATION INSURANCE FUND

Here's a summary of the Maurice Montgomery case: The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an Administrative Law Judge's (ALJ) award for a back injury, specifically reviewing the apportionment of permanent disability. The defendant argued for a lower disability rating due to a prior left knee injury award in 1989, claiming an overlap. The WCAB found that the ALJ failed to account for the prior award and its potential impact on apportionment. Therefore, the WCAB rescinded the ALJ's decision and returned the matter to the trial level for further proceedings and a new decision, requiring the ALJ to specifically address the apportionment of the prior injury.

Permanent DisabilityApportionmentLabor Code 4664Industrial InjuryOverlapPrior AwardAgreed Medical ExaminerPetition for ReconsiderationWCJFindings and Award
References
Case No. ADJ8501520
Regular
Apr 28, 2015

RICHARD VAN BAREN, JR. vs. COUNTY OF MENDOCINO

In this Workers' Compensation Appeals Board case, the applicant, Richard Van Baren Jr., sought benefits from the County of Mendocino. The applicant filed a Petition for Reconsideration after an adverse ruling regarding apportionment. The Appeals Board denied the petition, adopting the Workers' Compensation Judge's report and recommendation. The judge found that a prior Compromise and Release agreement settling other body parts, not just the back, did not constitute a "prior award of permanent disability" under Labor Code section 4664(b). Therefore, apportionment under that section was not permitted.

WCABPetition for ReconsiderationLabor Code section 4664(b)Compromise and Releaseprior award of permanent disabilityapportionmentattribution clauseLabor Code section 3213.2Permanent DisabilityFindings and Award
References
Case No. VNO 0506969
Regular
Jan 22, 2008

CLAYTON BELL vs. COUNTY OF SAN LUIS OBISPO

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued that the administrative law judge erred in awarding 45% permanent disability after apportionment, contending a lower percentage should have been applied based on a prior award. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant failed to meet its burden of proving overlap between the current and prior permanent disability under Labor Code section 4664. A dissenting opinion argued that apportionment under section 4663 also failed due to insufficient medical evidence.

Workers' Compensation Appeals BoardClayton BellCounty of San Luis ObispoJoint Findings and AwardDeputy SheriffIndustrial InjuryBack and Neck InjuryPermanent DisabilityApportionmentSenate Bill 899
References
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