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

Case No. ADJ6581535
Regular
Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker
References
Case No. ADJ1950726 (MON 0361748), ADJ6963803, ADJ7198723
Regular
Mar 20, 2012

DANA BURREL vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In three workers' compensation cases, the applicant sustained industrial injuries to her upper extremities on May 21, 2006, March 11, 2008, and July 28, 2008. The Appeals Board granted reconsideration to review the application of Labor Code section 4658(d)(2), which mandates a 15% increase in permanent disability payments when an employer fails to offer suitable work within 60 days of an injury becoming permanent and stationary. The employer stipulated to providing some medical treatment and returning the applicant to work, but failed to offer regular, modified, or alternative work for 12 months post-injury. The Board found the employer's contention of denial unsubstantiated by evidence and, following *Bontempo v. Workers' Comp. Appeals Bd.*, ruled that the 15% increase applies to all three cases.

Labor Code section 4658(d)(2)permanent disability increaseindustrial injuryright upper extremityright handright wristright shoulderright armleft wristleft hand
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. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ576600 (VNO 0507700)
Regular
Nov 09, 2009

KAREN MAGILL vs. TUESDAY MORNING, ARROWOOD INDEMNITY COMPANY

The WCJ found industrial injury to applicant's right shoulder, neck, right upper extremity, and back, but not to other body parts. Applicant's petition for reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderNeckRight Upper ExtremityBackTemporary DisabilityPermanent Disability
References
Case No. ADJ6611484
Regular
Jan 14, 2014

JERRY SAULSBERRY vs. NATOMAS UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involved applicant Jerry Saulsberry's claim against Natomas Unified School District. The Board granted reconsideration of a prior decision that found industrial injury to the applicant's right eye, head, and spines, but denied home health care. Applicant contended the denial of home health care lacked substantial evidence and misapplied the law. Adopting the WCJ's recommendation, the Board deferred the issue of home health care for further proceedings. The original findings of fact regarding the industrial injury are affirmed, but the matter is returned to the trial level solely for a decision on home health care.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial injuryright eyeheadcervical spinelumbar spineright upper extremityleft upper extremity
References
Case No. ADJ6705178
Regular
Aug 07, 2014

JOSE MORALES vs. PAYLESS SHOESOURCE, INC., administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed defendant Payless Shoesource's petition for reconsideration because it was filed untimely. The defendant sought to challenge the finding of industrial injury to the applicant's bilateral lower extremities and right upper extremity. The petition was filed 29 days after the August 7, 2014 Opinion and Decision, exceeding the jurisdictional 25-day deadline for reconsideration. Even if timely, the Board indicated it would have been denied on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order Dismissing PetitionIndustrial InjuryBilateral Lower ExtremitiesRight Upper ExtremityLabor Code Section 3600(a)(10)Post Termination DefenseUntimely PetitionJurisdictional Deadline
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. ADJ5668010
Regular
Jan 29, 2016

RAGHBIR MAHIL vs. FOSTER FARMS

This case concerns applicant Raghbir Mahil's appeal of a WCJ's decision regarding his 2002 industrial injury. The WCJ found injury to the neck and psyche, awarding 42% permanent disability based on the AMA Guides and denying injury to the right upper extremity and headaches. Applicant argued for total permanent disability, no psychiatric apportionment, and the application of the 1997 rating schedule. The Appeals Board rescinded the WCJ's decision, returning the matter for re-rating permanent disability under the 1997 Schedule due to the timing of temporary disability payments. The Board otherwise affirmed the WCJ's findings, including no injury to the right upper extremity or headaches, and the need for neck treatment only.

Workers' Compensation Appeals BoardRaghbir MahilFoster FarmsOpinion Decision After ReconsiderationFindings and Awardadmitted industrial injuryneck injurypsyche injurypermanent disabilityAMA Guides
References
Case No. VNO 454527
Regular
Jul 07, 2008

MARIA GARCIA vs. TORCH ONE/XL SPECIALTY INSURANCE, Administered by BROADSPIRE

The Appeals Board granted the defendant's petition for reconsideration, finding that their petition was timely considered due to a procedural delay in notification. The original decision finding an industrial injury to the applicant's right wrist and upper extremity was rescinded. The case is remanded to the trial level for further proceedings, including applicant testimony and cross-examination, to address the defendant's arguments about nonindustrial causes and the reliability of medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Decisionindustrial injuryright wristright upper extremitynursing assistantnonindustrial causessubstantial medical evidencereappearance of applicant
References
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