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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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10813026
Regular
May 27, 2025

Noureddine Manser vs. Return-to-Work Supplement Program

Applicant Noureddine Manser sought reconsideration of a November 9, 2023 finding that he was not entitled to a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b), which prohibits a second benefit unless for a subsequent injury. Applicant contended the word "injury" should include a continuing injury. The Appeals Board affirmed the November 9, 2023 Findings of Fact, declining to interpret "injury" as a continuing injury and noting that the validity of Rule 17302(b) is subject to judicial review in the Superior Court, not the Appeals Board. The Board also asserted its jurisdiction to review the WCJ's denial despite arguments to the contrary.

Return-to-Work Supplement ProgramRTWSPRule 17302(b)vocational rehabilitationsubsequent injurySJDBVQMEtemporary total disabilityWCABLabor Code section 139.48
References
Case No. ADJ10079944
Regular
Feb 26, 2019

Robert Fndkyan vs. Opus One Labs, Employers Compensation Insurance Company

This case concerns an applicant's entitlement to a Supplemental Job Displacement Voucher (SJDV). The original decision denied the SJDV due to the absence of a specific Physician's Return-to-Work form. However, the Appeals Board granted reconsideration, finding that the employer was sufficiently informed of the applicant's permanent disability status and work restrictions through a Qualified Medical Evaluator's report. Therefore, the Board determined that the applicant substantially complied with the requirements and is entitled to the SJDV, prioritizing substance over strict adherence to a particular form.

Supplemental Job Displacement VoucherPhysician's Return-To-Work and Voucher formQualified Medical Evaluation ReportLabor Code section 4658.7(b)permanent and stationary statuspermanent partial disabilityvocational statuswork capacitysubstantial complianceform over substance
References
Case No. ADJ16283940
Regular
Feb 18, 2025

DEXTER HAYNES vs. TRANSFORCE, INC.; RETURN-TO-WORK SUPPLEMENT PROGRAM

Dexter Haynes sought reconsideration of a November 27, 2024 Findings and Order, which denied his entitlement to a second Return-to-Work Supplement (RTWS) payment under Rule 17302(b). Haynes argued that the rule is inconsistent with Labor Code section 139.48 and unconstitutional due to improper delegation of authority. The Director of the Department of Industrial Relations contended the rule is valid and the Appeals Board lacks jurisdiction to invalidate it. The Appeals Board granted the petition for reconsideration to further review the validity and consistency of Rule 17302(b) with section 139.48, deferring a final decision.

Return-to-Work SupplementRTWSRule 17302(b)Labor Code section 139.48statutory authorityunconstitutional delegationDirector of Department of Industrial Relationsen banc decisionPetition for ReconsiderationFindings and Order
References
Case No. ADJ11298015
Regular
May 27, 2025

Elideth Balderrama Ramirez vs. Hotcakes No 6 Inc IHOP 817, Preferred Employers San Diego

Elideth Balderrama Ramirez sought reconsideration of a WCJ's finding that she was precluded from a second Return-to-Work Supplement Program (RTWSP) benefit, despite receiving a second Supplemental Job Displacement Benefit (SJDB) voucher. The applicant contended that her second voucher was 'subsequent' to her first RTWSP payment, fulfilling an exception in Rule 17302(b). The Appeals Board clarified that the exception refers to the date of injury being subsequent, not the voucher issuance date. As the record lacked a finding on the cumulative trauma date of injury, the Board rescinded the previous order and returned the case to the trial level for this determination.

Return-to-Work Supplement ProgramSupplemental Job Displacement BenefitSJDB vouchercumulative trauma injuryspecific injurydate of injuryLabor Code section 139.48Rule 17302Rule 17309Administrative Procedures Act
References
Case No. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
Case No. ADJ11110973
Regular
May 23, 2025

Jorge Aragon vs. El Super, Safety National Casualty Corporation, Tristar Risk Management

The applicant, Jorge Aragon, sought reconsideration of a decision denying him a second payment from the Return-to-Work Supplement Program (RTWSP). The Workers' Compensation Administrative Law Judge (WCJ) initially found him ineligible based on Rule 17302(b), which prohibits a second RTWSP payment if the subsequent injury occurs before receiving the previous supplement. The Appeals Board affirmed the WCJ's decision, concluding that the applicant's remedy to challenge the validity of Rule 17302(b) lies with the Superior Court, not the Appeals Board, as the rule is governed by the Administrative Procedures Act. The Board also clarified its jurisdiction to review the WCJ's denial despite RTWSP's contention.

Return-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48invalid regulationarbitrary and capriciousArticle XIV section 4Administrative Procedures Act
References
Case No. ADJ1 0544723
Regular
Feb 21, 2017

CARLOS BARRAZA AYON vs. GILL RANCH COMPANY, INC.; ATHENS ADMINISTRATORS

The applicant sought reconsideration of a Notice of Benefit Ineligibility regarding a Return to Work Supplement, which was denied due to untimely application. The applicant argued inadequate notice of their right to a supplemental job displacement voucher (SJDV). The Appeals Board dismissed the petition as premature, finding the Director's decision was not yet subject to review at the trial level. The matter was returned to the trial level to first determine the applicant's entitlement to an SJDV, as their underlying case settlement did not address this issue.

Workers' Compensation Appeals BoardReturn to Work Supplement ProgramSupplemental Job Displacement VoucherNotice of Benefit IneligibilityPetition for ReconsiderationPrematureTrial LevelAdjudicate EntitlementCompromise and ReleaseLabor Code Section 5900(a)
References
Case No. ADJ13342468
Regular
May 23, 2025

AMELIA MINA vs. NMA INSPECTIONS, DEPARTMENT OF INDUSTRIAL RELATIONS

Applicant Amelia Mina sought reconsideration of an October 3, 2022 Findings and Order, which denied her a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b). She argued the rule was inconsistent with its authorizing statute, violated equal protection, and constituted invalid special legislation. The Workers' Compensation Appeals Board (WCAB) affirmed the prior decision, finding the applicant's second injury occurred before receipt of the first RTWSP payment, making her ineligible under Rule 17302(b). The Board also determined that the jurisdiction to invalidate Rule 17302(b) lies with the Superior Court under the Administrative Procedures Act, not the Appeals Board.

Workers' Compensation Appeals BoardReturn-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48Findings and OrderPetition for ReconsiderationCompromise and Release
References
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