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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. 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. 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. 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. OXN 0132192
Regular
Jan 23, 2008

JAMES NICHOLS vs. ENTERTAINMENT PARTNERS, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's and defendant's challenges to a previous decision. The WCAB rescinded the prior award, finding that the administrative law judge improperly applied the now-obsolete *Wilkinson* rule for apportionment. The case is returned to the trial level for further proceedings and a new decision, applying the causation-based apportionment principles established in *Benson v. The Permanente Medical Group*.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryNeck InjuryHead InjuryBack InjuryKnee InjuryShoulder InjuryHernia
References
Case No. ADJ4538958 (VNO 0407145)
Regular
Aug 18, 2010

MARTHA QUEVEDO vs. UNION FIDELITY LIFE, GENERAL ELECTRICAL FINANCIAL ASSURANCE COMPANY

The Appeals Board granted reconsideration, affirming the applicant's 100% permanent disability award without apportionment. However, it rescinded the WCJ's penalty against the defendant for unreasonable delay in paying permanent disability benefits. The Board found that there was genuine doubt regarding the applicant's total permanent disability until the doctor's deposition in September 2009, thus the defendant's payment rate prior to that was not unreasonable. Finally, the Board vacated the WCJ's reservation of jurisdiction over COLA increases as the date of injury predates the relevant statute.

Workers Compensation Appeals BoardIndustrial InjuryNeck InjuryShoulder InjuryElbow InjuryHand InjuryGastrointestinal InjuryCardiovascular InjuryPsychological InjuryPermanent Disability
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
Case No. ADJ383454
Regular
Jun 13, 2011

ALVARO RAMOS vs. HIGHRISE CONCRETE SYSTEMS, CONTINENTAL CASUALTY COMPANY

The Appeals Board granted reconsideration and rescinded the prior decision, returning the case to the trial level for further proceedings. This was due to the original decision lacking substantial evidence and a clear basis for its findings regarding the extent of the applicant's industrial injuries. The Board found the WCJ failed to adequately explain the evidence relied upon for both the admitted injuries and the denied injuries. Additionally, the Board clarified that the applicant's credibility was initially misstated and further medical evidence may be required for denied conditions.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryBack InjuryLower ExtremitiesPermanent DisabilityFurther Medical TreatmentPsyche InjuryInternals Injury
References
Case No. ADJ1797870
Regular
May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the *Hikida* precedent.

Workers' Compensation Appeals BoardGeorge DiazReyes Masonry ContractorsInc.Citation Insurance CompanyGeneral ReinsuranceIntercareSubsequent Injuries Benefits Trust Fund (SIBTF)permanent total disabilityapportionment
References
Case No. ADJ1958969 (WCK 0041753) ADJ3020638 (WCK 0041752) ADJ3068271 (OAK 0324422)
Regular
May 03, 2010

LORA MAYBERRY vs. ADDUS HEATHCARE, AIG INSURANCE COMPANY, ALTA BATES MEDICAL CENTER, SUTTER HEALTH WORKERS' COMPENSATION

This case involves an applicant with multiple industrial injuries, including three against Addus Healthcare in 1997 and one against Alta Bates Medical Center in 2005. The administrative law judge found the 1997 low back injury contributed 40% to the medical treatment need for the 2005 injury, with the 2005 injury causing the remainder. Addus sought reconsideration, arguing a medical report was improperly admitted into evidence. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further proceedings to determine the admissibility of the report under Labor Code § 5703(a)(2).

Workers' Compensation Appeals BoardAddus HealthcareAlta Bates Medical Centerlicensed vocational nurseindustrial injuryneck injuryshoulder injuryarm injurylow back injuryleft knee injury
References
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