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

Case No. ADJ10645876
Regular
Feb 07, 2023

GINA ROSALES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) reconsidered a case where the applicant claimed work injuries to her psyche, head, back, and body systems. The WCAB rescinded the original decision, finding insufficient development of the medical record regarding the applicant's claims of GERD and hypertension. However, the WCAB upheld the finding that the applicant did not sustain psyche or orthopedic injuries arising out of and in the course of employment. The case is remanded for further proceedings to obtain a supplemental medical opinion on the body systems injuries and then for a new decision by the WCJ.

AOE/COEPro PerFindings and OrderOpinion on DecisionReconsiderationWCJHealth Services AssistantPsyche InjuryBody Systems InjuryGERD
References
Case No. ADJ1577836
Regular
May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.
References
Case No. ADJ4235749 (PAS 0026168) ADJ3954705 (MON 0195253)
Regular
Sep 09, 2016

GREEN, STEPHANIE vs. STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decisions regarding applicant Stephanie Green's back and psyche injuries from 1990 and 1995. The Board found that further development of the record is required on the issues of permanent disability and apportionment. Specifically, the orthopedic AME's opinions are stale and require re-examination, and both medical and vocational expert opinions need clarification on independent medical judgment regarding apportionment. The cases are returned to the trial level for further proceedings and new decisions by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsIndustrial InjuryBack InjuryPsyche InjuryPermanent and Total DisabilityApportionmentOrthopedic AMEPsyche QME
References
Case No. ADJ10908652, ADJ10908914
Regular
Sep 16, 2025

ZENAIDA AVILES vs. PIH HEALTH HOSPITAL, ATHENS ADMINISTRATORS

Applicant sought reconsideration of a Joint Findings and Award that denied industrial psyche injury (cumulative) and barred permanent disability from psyche injury (specific injury). Applicant contended that medical evidence supported cumulative psyche injury and that the WCJ erred in denying compensability of psychiatric permanent disability due to catastrophic consequences. The Appeals Board granted the petition for reconsideration, rescinded the prior Findings and Award, and returned the matter to the trial level for further proceedings, citing the need for further development of the medical record regarding intertwined disability and the application of the catastrophic injury exception.

Petition for ReconsiderationJoint Findings and AwardIndustrial InjuryPsycheCumulative PeriodSpecific InjuryPermanent DisabilityLabor Code section 4660.1Substantial Medical EvidenceQualified Medical Evaluator
References
Case No. ADJ344454 (LAO 0830287)
Regular
Nov 12, 2008

GUADALUPE MORERA vs. ANNA'S LINENS, SAFETY NATIONAL INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY

The Appeals Board granted reconsideration to reverse a WCJ's award that had added neck and back injuries to a previously final psyche-only injury finding. The Board found the WCJ lacked jurisdiction to modify the prior final award in LAO 0830287, which was issued more than five years after the date of injury. Consequently, the Board restored the prior June 20, 2007 Findings and Award finding only a psyche injury.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardJurisdictionIndustrial InjuryPsycheNeckBackPermanent DisabilityMedical Treatment
References
Case No. ADJ4111442 (VNO 0471258)
Regular
Oct 28, 2011

WUZHONG WANG vs. HOMETOWN INN, AMERICAN COMMERCIAL

The Appeals Board dismissed the applicant's petition for reconsideration because it was unsigned, unverified, and lacked specific record references. However, the Board granted removal on its own motion to correct a clerical error. This correction changed the employer's name from "HomeTown Buffet" to "HomeTown Inn" in the original Findings and Award. The Board affirmed the original award, which included a finding of psyche injury and awarded permanent disability and further medical treatment for the psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentReport and RecommendationClerical Error
References
Case No. SBA 0083738, SBA 0084753
Regular
Dec 04, 2007

MAGDALENA PINEDA vs. INAMED CORPORATION aka MCGHAN MEDICAL, CIGA by CAMBRIDGE INTEGRATED SERVICES, SAFECO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award. The applicant had sought reconsideration of findings that she sustained industrial injury to her bilateral upper extremities, neck musculature, shoulders, and upper back, but not to her psyche or cervical spine. The Board adopted the WCJ's report and recommendations, denying the petition and noting a potential clerical error in the award regarding medical treatment for the cervical spine and psyche.

Workers' Compensation Appeals BoardMagdalena PinedaInamed CorporationMcGhan MedicalCIGACambridge Integrated ServicesSafecobilateral upper extremitiesneck musculatureshoulders
References
Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
Case No. ADJ267505 (BAK 0140579) ADJ1932429 (BAK 0140580)
Regular
Jun 11, 2009

SHERYLL HICKS vs. KERN COUNTY SUPERINTENDENT OF SCHOOLS; SELF INSURED SCHOOLS BAKERSFIELD

This case concerns an applicant's appeal of a workers' compensation award for industrial injuries to her lumbar spine and psyche. The applicant contended the defendant failed to pay the permanent disability award correctly and disputed the temporary disability end date. The Appeals Board granted reconsideration to correct a clerical error in the original findings of fact regarding injuries to other body parts. The Board affirmed the WCJ's decision, including the $6\%$ permanent disability for the lumbar spine and $100\%$ for the psyche.

Workers' Compensation Appeals BoardIndustrial InjuryLumber SpinePsychePermanent DisabilityTemporary Total DisabilityPermanent Total DisabilityPetition for ReconsiderationWCJClerical Error
References
Case No. ADJ72 02827
Regular
Apr 14, 2016

Luz Castro vs. Sharp Health Care, ACE American Insurance Company, ESIS, INC.

This case involves an applicant seeking workers' compensation benefits for industrial injuries to her neck, back, and psyche. The Appeals Board granted reconsideration because neither the applicant's nor the defendant's medical evidence sufficiently supported findings on psychological injury or permanent disability. Due to the unreliability of the orthopedic medical opinions and the psychologist's reliance on them, the Board deferred the issues of permanent disability and injury to the psyche. The matter is returned for further proceedings, including selecting a new orthopedic evaluator, before determining these deferred issues and attorney's fees.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalFindings and AwardVacating SubmissionNew and Further DisabilityIndustrial InjuryPermanent DisabilityPsycheApportionment
References
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