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

Case No. ADJ12315169
Regular
Sep 10, 2019

Gregory Williams vs. Redwood Electric Group, Travelers Property Casualty Company of America

The Appeals Board affirmed an Arbitrator's finding that an electrician's injuries, potentially from electrocution, arose out of employment. Despite the unwitnessed nature of the injury and lack of direct evidence on the precise cause, the Board applied the *Clemmens* doctrine, creating a presumption that the injury occurred in the course of employment when the employee is placed at the location by the employer. Circumstantial evidence, including entry and exit wounds and the active construction site environment, supported the industrial nature of the injury. The defendant's arguments regarding the neutral risk doctrine, burden of proof, and denial of due process were found unpersuasive or waived.

Workers' Compensation Appeals BoardRedwood Electric GroupTravelers Property Casualty Company of AmericaJourneyman Electricianupper and lower extremitiesbody systemskinkidneysheartbrain
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ3147799 (RIV 0080159)
Regular
Aug 19, 2010

PETER TORCELLINI vs. SATURN ELECTRIC INC.

The Workers' Compensation Appeals Board denied Saturn Electric's petition for reconsideration, affirming the finding that Peter Torcellini sustained an injury arising out of and occurring in the course of his employment. The Board found that the Qualified Medical Evaluator's opinion constituted substantial medical evidence supporting the conclusion that a work-related stressor, even if subjectively experienced by the applicant, triggered the plaque rupture causing his cardiac arrest. The Board reasoned that the applicant's testimony about finding the work stressful and the medical opinion linking the rupture to an immediate stress response provided a reasonable basis for the finding. Defendant failed to provide evidence to contradict this medical opinion.

Workers' Compensation Appeals BoardReconsideration DeniedFinding of FactSaturn Electric Inc.Peter TorcelliniCirculatory System InjuryHeart AttackHypoxic Brain InjuryUnderground Utility TechIndustrial Causation
References
Case No. ADJ3578571
Regular

RONALD FUDALA vs. CONTRA COSTA ELECTRIC, INC., CNA INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed Ronald Fudala's Petition for Removal against Contra Costa Electric, Inc. and CNA Insurance Corporation. The dismissal was based on the mediator's report, which indicated the disputed issue of entitlement to ankle surgery had been resolved. Consequently, the matter before the Board became moot.

Petition for RemovalAnkle SurgeryMoot IssueWorkers' Compensation Appeals BoardDismissalContra Costa ElectricCNA Insurance CorporationADJ3578571OAK 0266336Mediator Report
References
Case No. LAO 805574
Regular
Aug 28, 2007

JESUS RUIZ vs. WEST ELECTRIC CASTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify that the applicant is entitled to a 50% increase in all past, present, and future compensation. This decision affirms the administrative law judge's finding that the employer's serious and willful misconduct proximately caused the applicant's severe burn injuries. The WCAB found the employer liable for the increased compensation due to directing the applicant, who lacked adequate training and safety equipment, to work on a live electrical unit without proper precautions.

Workers' Compensation Appeals BoardSerious and willful misconductIndustrial injuryHandymanMaintenance mechanicLive electrical unitSerious burn injuriesCal OSHALabor Code section 4553Fifty percent increase
References
Case No. ADJ3987000 (POM 0290737)
Regular
Feb 09, 2011

ROBERTO DOUMER vs. REYNOLDS BUICK GMC, EVEREST NATIONAL INSURANCE COMPANY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTECARE for HIH AMERICA INSURANCE COMPANY, In Liquidation, STATE COMPENSATION INSURANCE FUND and SENTRY CLAIMS SERVICES

This case involves an applicant, Roberto Doumer, against multiple defendants, including Reynolds Buick GMC and various insurance entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the arbitrator's report in its reasoning for denial. Therefore, the applicant's petition for reconsideration has been formally rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportDenial of ReconsiderationRoberto DoumerReynolds Buick GMCEverest National Insurance CompanyBerkshire Hathaway Homestate CompaniesCalifornia Insurance Guarantee AssociationHIH America Insurance Company
References
Case No. LAO 0803996, LAO 0803995
Regular
Nov 20, 2007

ESTHER SALDANA vs. LITTLE CAESAR ENTERPRISES, TRAVELERS INSURANCE COMPANY

The applicant sustained an electrical shock injury while using a malfunctioning sheeter machine at work. Despite prior reports of electrical issues and shocks from the machine to management, the employer failed to properly repair or remove it from use. The Appeals Board reversed the WCJ's decision, finding the employer's actions constituted serious and willful misconduct, entitling the applicant to increased compensation.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553Industrial InjuryElectrical ShockSheeter MachineEmployer NegligenceManagerial KnowledgeSupervisor NeglectQuasi-Criminal Conduct
References
Case No. ADJ4292264
Regular
Jul 15, 2010

JOE GALVAN vs. FOXX BUILDING SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY

This case involves an applicant, Joe Galvan, who sustained a shoulder injury resulting in post-traumatic Parkinson's disease. The defendant, Foxx Building Services, Inc., sought to remove a Workers' Compensation Appeals Board (WCAB) minute order denying their request for the Agreed Medical Examiner (AME), Dr. Reynolds, to testify at trial. The Board denied the petition for removal, citing regulations favoring written medical reports over live testimony absent good cause. The Board also found that the defendant failed to demonstrate irreparable harm or substantial prejudice from the denial of Dr. Reynolds' testimony.

Workers' Compensation Appeals BoardPetition for RemovalAMEDr. ReynoldsDr. JankovicDeposition TestimonyTrial TestimonyMedical ReportsPost-Traumatic Parkinson's DiseaseShoulder Injury
References
Case No. ADJ7234390, ADJ8072470
Regular
Aug 21, 2014

CARLOS LARA vs. MILLICENT REYNOLDS LIVING TRUST

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, finding the applicant was employed by Millicent Reynolds. Removal was granted on the Board's own motion to correct the prior award. The original award incorrectly listed "Millicent Reynolds/Mallcraft" as the employer, and the Board clarified that only Millicent Reynolds was the employer. The decision affirmed the award of workers' compensation benefits against Majestic Insurance Company.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting RemovalDecision After RemovalJoint Findings and AwardGeneral LaborerPresumed EmploymentLabor Code Section 3357Rebutting PresumptionContribution Claim
References
Case No. ADJ10613123
Regular
Oct 20, 2020

FRANCISCO BANUELOS (Dec'd), MICHELE BANUELOS vs. TIME WARNER, INC. (NOW CHARTER COMMUNICATIONS), NEW HAMPSHIRE INSURANCE CO.

This case involves a defendant's petition for reconsideration of a previous decision that found the deceased applicant sustained a work-related injury leading to colon cancer. The defendant argued against the admission and reliance on Dr. Reynolds's medical reporting and questioned Dr. Azizad's qualifications. The Workers' Compensation Appeals Board denied the petition, upholding its prior decision that the injury was AOE/COE and that the medical evidence was substantial. The Board also found no merit in the defendant's contention regarding Dr. Reynolds's reporting under Labor Code section 4605.

AOE/COEinternal system injurydigestive system injurycolon cancerDr. Timothy ReynoldsDr. Masoud Azizadsubstantial medical evidencequalified medical evaluator paneloncologyLabor Code section 4605
References
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