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Case Law Database

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

Case No. ADJ916057 (SAC 0345461)

Regular

Oct 15, 2009

JEANETTE LA PORTA vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured

The Appeals Board grants reconsideration, amends the WCJ's order, and returns the matter for further proceedings. The petition for reconsideration is granted, paragraph one of the prior order is rescinded, and paragraph two is affirmed.

WCABReconsiderationOrthopedics panelTAR syndromeMedical expertiseCausationPermanent disabilityPrognosisChiropractorQualified Medical Examiner

References

Case No. ADJ1597870 (BAK 0150812)

Regular

Sep 09, 2011

PATRICIA HERNANDEZ vs. VONS, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration to review the defendant's challenges to an administrative law judge's findings. While the Board affirmed the judge's conclusions that the applicant's claim was not barred by the statute of limitations or the post-termination defense, it disagreed regarding the identified injured body parts. The Board found insufficient medical evidence to support the finding of injury to the neck, back, and left shoulder, deferring this issue for further development of the record.

post-termination defensestatute of limitationsindustrial injuryneckbackleft shoulderWCJPetition for Reconsiderationsubstantial medical evidencedeferred body parts

References

Case No. ADJ8026817

Regular

Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)

References

Case No. ADJ10887226

Regular

Sep 12, 2018

Alma Ramirez vs. Jaguar Farm Labor Contracting, Inc., Star Insurance Company

The applicant sought reconsideration of a WCJ's decision that a chiropractic QME panel was inappropriate. The Board granted reconsideration, finding the applicant's initial QME panel request was valid due to the employer's failure to provide proper notice of her rights when unrepresented. The Board determined that while chiropractors cannot perform surgery or prescribe medication, this does not inherently make them inappropriate QMEs for disputes concerning diagnosis, prognosis, or work status. Therefore, the Board amended the WCJ's findings to deem the chiropractic QME panel appropriate and ordered the parties to proceed with it.

QME panelchiropractic specialtyorthopedic specialtyMedical Unit determinationAdministrative Director RulesLabor Code 4062treating physician report objectionapplicant representationpermanent disabilitymedical evaluation

References

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JEANETTE LA PORTA vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured

WCABReconsiderationOrthopedics panelTAR syndromeMedical expertiseCausationPermanent disabilityPrognosisChiropractorQualified Medical Examiner

PATRICIA HERNANDEZ vs. VONS, Permissibly Self-Insured

post-termination defensestatute of limitationsindustrial injuryneckbackleft shoulderWCJPetition for Reconsiderationsubstantial medical evidencedeferred body parts

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

Alma Ramirez vs. Jaguar Farm Labor Contracting, Inc., Star Insurance Company