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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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ12084466
Regular
Oct 08, 2019

ROBERT CLARK vs. COUNTY OF PLACER, Permissibly Self-Insured, Administered By INTERCARE HOLDINGS INSURANCE SERVICES

Applicant claimed a psyche injury from his employment as a deputy sheriff, alleging multiple events including witnessing a civilian suicide. The WCJ ordered defendant to produce dashboard camera footage of the suicide after applicant complied with Public Records Act (PRA) procedures, and allowed applicant to then inform the QME of the video's contents. Defendant sought removal, arguing the order bypasses the PRA's requirement for agencies to determine record disclosability and causes irreparable harm. The WCAB granted removal, rescinded the order, and returned the matter for the WCJ to ensure proper PRA procedures are followed, allowing proper determination of record disclosability before release.

Petition for RemovalGovernment CodePublic Records ActDashboard Camera VideosIndustrial InjuryPsycheDeputy SheriffIrreparable HarmDue ProcessQualified Medical Evaluator
References
Case No. ADJ6916816
Regular
Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order
References
Case No. VNO 0421742
Regular
Mar 17, 2008

CONRAD GAC vs. DAY SHIP MANAGEMENT, INC.

The WCAB affirmed the WCJ's decision dismissing the applicant's workers' compensation claim for lack of jurisdiction. The Board found the applicant's exclusive remedy lies in admiralty law against the United States, as the defendant employer acted as an agent of the U.S. government for a vessel owned by the U.S. Navy. Previously decided jurisdictional and timeliness issues were deemed law of the case and affirmed.

Workers' Compensation Appeals BoardConrad GacDay Ship ManagementInc.cumulative traumamerchant marine seamanpetition for reconsiderationlack of jurisdictionSuits in Admiralty ActPublic Vessels Act
References
Case No. ADJ10939613, ADJ11371215
Regular
Jan 22, 2019

BRIAN COLLINS vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant's former employer personnel and medical records. The Board found that Evidence Code sections 1043-1046, which govern discovery of police personnel records, are not applicable to routine workers' compensation discovery. Filing a workers' compensation claim places the applicant's medical condition at issue, making these records essential for the defense. Therefore, requiring strict adherence to the *Pitchess* procedure would be an absurd procedural hurdle in this context.

Workers' CompensationPetition for RemovalQuashed SubpoenasPolice Officer Personnel RecordsEvidence Code Sections 1043-1046Penal Code Sections 832.7-832.8Pitchess MotionRoutine DiscoveryMedical RecordsPersonnel Records
References
Case No. ADJ7665162, ADJ7647930, ADJ7644904
Regular
Apr 11, 2014

MARTINA MONTANO vs. WEST COAST PLASTICS, INC., ZENITH INSURANCE CO., CYPRESS INSURANCE CO., INSURANCE CO. OF THE WEST

The Appeals Board granted reconsideration, rescinded dismissal orders for lien claimants LYG Professional Medical Group and Southern California Sports Rehabilitation, and returned the matter to the trial level. This was because the dismissal orders were not properly served on the lien claimants' agent of record, MBS Systems. Additionally, the record was unclear as to whether MBS Systems' representative appeared at the lien conference. Consequently, the Board found further proceedings necessary to determine the status of the liens.

Lien ClaimantsPetition for ReconsiderationSelf-Executing OrderLien ConferenceDismissal with PrejudiceRule 10500(b)Designated ServiceAgent of RecordRule 10510Proof of Service
References
Case No. ADJ15107350; ADJ15107351
Regular
Jan 23, 2023

MIGUEL GODINEZ vs. PERSONNEL STAFFING GROUP (EMPLOYMENT SOLUTIONS INC.), NEXT LEVEL ADMINISTRATORS

The Appeals Board granted removal and rescinded the WCJ's order compelling the applicant's in-person deposition. This decision was based on the lack of a proper hearing, admitted evidence, or stated grounds for the WCJ's order. The Board found the record insufficient to evaluate the order and emphasized the applicant's due process rights to notice and an opportunity to be heard. The matter was returned to the WCJ for further proceedings to establish a proper record.

Petition for RemovalOrder Compelling DepositionWCJ ErrorDue ProcessOpportunity to Be HeardInsufficient RecordEvidentiary RecordNotice of IntentionWCAB Rule 10832Relaxed Rules
References
Case No. ADJ11160722, ADJ11383679, ADJ11398700
Regular
Feb 27, 2020

GREG EISERT vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant police officer's personnel records. The Board ruled that Evidence Code sections 1043-1046 do not apply to routine discovery of medical and injury-related records in workers' compensation cases when an applicant puts their health at issue. However, the request for "POST" documents was returned to the trial level for further determination as their nature and relevance to routine discovery were unclear. The Board aims for substantial justice, emphasizing that procedural technicalities should not impede necessary discovery in such claims.

Petition for RemovalEvidence Code 1043Penal Code 832.7Personnel RecordsPeace OfficerRoutine DiscoveryMedical RecordsInjury-Related RecordsPOST DocumentsSubpoena Duces Tecum
References
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