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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. ADJ19527341
Regular
May 05, 2025

MARIA RAMIREZ vs. ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA

Applicant Maria Ramirez sought reconsideration of a workers' compensation administrative law judge's order, which found no industrial injury. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings. The Board determined that the WCJ's credibility finding, based on the delayed worsening of symptoms, required expert medical opinion to ascertain consistency with the claimed injury mechanism, thus necessitating further development of the medical and factual record.

ADJ19527341Petition for ReconsiderationFindings and OrderIndustrial InjuryRight Arm InjuryRight Wrist InjuryRight Hip InjuryRight Leg InjuryRight Foot InjuryWCJ Credibility Determination
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ3646270 (AHM 0108634)
Regular
Mar 20, 2009

GERLYNN GILLOGLY vs. KIMCO STAFFING SERVICES INC., LIBERTY MUTUAL

This case involves a workers' compensation applicant claiming injury in 1999. The defendant sought removal of an order that took the case off calendar, arguing years of delay and prejudice. However, the Appeals Board denied removal, finding that delays were partly due to the applicant's right to change attorneys. The Board concluded there was no irreparable harm to the defendant and that evidentiary objections could be addressed at trial.

GERLYNN GILLOGLYKIMCO STAFFING SERVICES INC.LIBERTY MUTUALADJ3646270AHM 0108634Petition for RemovalOrder Denying PetitionDeclaration of Readiness to ProceedQualified Medical EvaluationTelemarketer
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ666750 ( AHM 0139351)
Regular
Mar 05, 2009

ROBERT FELTER vs. SERVICEMASTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted Servicemaster's petition for removal, allowing them to list witnesses and exhibits despite waiving this right by failing to object to the Declaration of Readiness to Proceed. This decision aims to decide the case on its merits, specifically concerning the applicant's claim of wrongful termination due to an industrial injury. The Board affirmed the prior order closing discovery but amended it to permit Servicemaster's evidence presentation. The matter was returned to the trial judge for further proceedings, with a warning to attorney Evans regarding his conduct during the hearing.

Petition for removalLabor Code § 132aIndustrial injuryRight shoulder injuryRight arm injuryRight hand injuryNeck injuryBack injuryViolation of Labor Code § 132aTermination due to injury
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. ADJ8045546
Regular
Jul 29, 2013

THOMAS FORD III vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE CO.

This case involves a haul truck driver's claim for a low back and right hip injury against Waste Management. The defendant sought reconsideration, arguing the applicant's right hip condition was nonindustrial due to childhood surgeries and a prior car accident, citing a PQME's opinion. The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in the original award. They affirmed the finding of industrial injury to the right hip, finding the primary treating physician's opinion more persuasive than the PQME's, and amended the award to specify temporary disability indemnity and EDD lien reimbursement. Issues of future temporary disability, permanent disability, and apportionment remain deferred.

Industrial injuryLow back injuryRight hip injuryLeft hip injuryHaul truck driverCumulative traumaQualified medical evaluatorPrimary treating physicianSubstantial medical evidenceTemporary disability indemnity
References
Case No. ADJ6655702
Regular
Mar 18, 2010

GERICK CATUGDA vs. WINKLEBLACK CONSTRUCTION, CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES

This case concerns whether the "going and coming rule" bars applicant's workers' compensation claim for injuries sustained during his commute. The defendant argued the rule applied, but the Workers' Compensation Appeals Board denied their petition for reconsideration. The Board adopted the WCJ's finding that the applicant's employment required him to have transportation for multiple job sites, creating an exception to the rule. This decision aligns with established precedent, where transportation necessity for the employer's benefit removes the commute from the rule's exclusion.

Going and coming ruleindustrial injuryconstruction laborerhead injurybrain injurypsyche injuryspine injuryribs injurypelvis injuryarms injury
References
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