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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. 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. 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. 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. 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
Case No. ADJ9972033
Regular
Aug 18, 2015

BRIAN DEL ROSARIO vs. UNITED PARCEL SERVICE, INC., LIBERY INSURANCE

The Appeals Board granted removal, rescinded the WCJ's mootness order, and remanded the case for a decision on the merits of the employer's motion to quash. The employer argued that a subpoena duces tecum for ten years of employment records was overly broad and burdensome, and reconsideration later would not be adequate. The Board found the employer demonstrated substantial prejudice and irreparable harm due to the breadth of the request and a drafting error in the original motion. A dissenting opinion argued removal was inappropriate as the employer's error, not the WCJ's, created the issue, and the employer had an adequate remedy by refiling.

Workers' Compensation Appeals BoardPetition for RemovalSubpoena Duces TecumMotion to QuashMootnessSubstantial PrejudiceIrreparable HarmWCJAdministrative Law JudgeDiscovery Dispute
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. ADJ3042475 (SAL 0116557)
Regular
Apr 19, 2010

JEFFREY SIBAYAN vs. CITY OF GONZALES, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical record regarding the applicant's heart condition and hypertension inadequate. While the statutory presumption of industrial heart trouble for police officers was applicable, the Board found conflicting medical opinions and insufficient evidence to determine if a compensable injury had occurred. The case is returned to the trial level for further medical development and a new decision by the WCJ.

Labor Code section 3212.5heart trouble presumptionpolice officerindustrial injurycardiovascular systemhigh blood pressureventricular hypertrophypresumption rebuttalmedical record inadequacysecond opinion
References
Case No. ADJ18177123; ADJ19271997
Regular
Sep 24, 2025

RALPH ESCALANTE vs. GARY LITTLE CONSTRUCTION, CYPRESS INSURANCE COMPANY

Applicant Ralph Escalante filed a petition for removal from an order setting the matter for trial, arguing incomplete discovery and a violation of due process. The defendants responded, and the WCJ recommended denial. The Appeals Board denied the petition, stating that removal is an extraordinary remedy and that the applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would not be an adequate remedy. The Board emphasized that a trial would allow for the creation of a record to address discovery issues, and that the applicant could raise arguments again on reconsideration if an adverse decision were to issue.

Petition for RemovalDue ProcessWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceComplete RecordDevelopment of Record
References
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