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

Case No. ADJ3855232
Regular
Mar 18, 2011

ROBERTO BARRERO vs. KNUDSEN'S DAIRY CORPORATION, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Roberto Barrero's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. This denial means the previous decision stands. No further details of the original decision are provided here.

ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDKNUDSEN'S DAIRY CORPORATIONFIREMAN'S FUND INSURANCE COMPANYADMINISTRATIVE LAW JUDGEPETITION FOR RECONSIDERATIONADJ3855232LAO 0400735BENTHALE MCKIBBIN MCKNIGHTROBERTO BARRERO
References
0
Case No. MISSING
Regular Panel Decision

Claim of Jimenez v. Estate of Jimenez

This case concerns an appeal from a Workers' Compensation Board decision. Julio Jimenez, while operating a grocery business owned by the estate of his deceased brother Roberto, was murdered. Julio's wife, Amparo Jimenez, filed for workers' compensation benefits for herself and their three minor children. The Board found an employer-employee relationship existed between Julio and Roberto's estate, a decision contested by the Uninsured Employers’ Fund. The court affirmed the Board's decision, ruling that the estate, by accepting the benefits of Julio's efforts, was estopped from denying an employment relationship.

Employment RelationshipEstate LiabilityWorkers' Compensation BenefitsHomicideUninsured Employers' FundAppellate ReviewEstoppelDependent BenefitsBusiness OperationVolunteer Services
References
1
Case No. ADJ3855232 (LAO 0400735)
Regular
Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

This case involves a dispute over the compensability of cardiovascular injury and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following a 1975 industrial injury. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant failed to prove CIDP was work-related but sustained his burden that cardiovascular treatment is a compensable consequence of the industrial injury. The WCAB clarified that enforcing medical treatment for the cardiovascular condition, which arose during authorized back surgery, falls under its continuing jurisdiction, not a prohibited amendment of the original award more than five years post-injury. Medical opinions regarding causation were found to constitute substantial evidence, resolving conflicting expert testimony.

Workers' Compensation Appeals BoardRoberto BarreroKnudsen Dairy CorporationFireman's Fund Insurance CompanyADJ3855232Van Nuys District OfficeOpinion and Decision After ReconsiderationFindings of FactWCJindustrial injury
References
17
Case No. ADJ1417978 (STK 0211694)
Regular
Dec 03, 2012

ROBERTO MANZO vs. MCCARTHY BUILDING COMPANIES, CHARTIS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration of a prior decision. The applicant, Roberto Manzo, sought reconsideration of the finding that he was laid off due to lack of work, not as retaliation for his injury claim, and therefore no violation of Labor Code § 132a occurred. The WCAB adopted the findings of the workers' compensation judge, who found ample evidence to support the conclusion of a layoff due to lack of work, not discrimination. The Board gave great weight to the judge's credibility determinations based on the evidence presented.

WCABReconsiderationLabor Code § 132aCarpenterInjuryMcCarthy Building CompaniesChartisWorkers' Compensation JudgeFindings of FactPermanent Disability
References
1
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. ADJ6957361
Regular
Jan 12, 2012

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a petition for reconsideration by Fresno Unified School District regarding a workers' compensation award for Roberto Barajas. The District challenged the permanent disability rating, arguing the Agreed Medical Examiner improperly included grip strength loss alongside range of motion limitations, contrary to AMA Guides guidelines. Additionally, the District contested a 10% penalty for delayed permanent disability advances and sought a reduction in benefits based on an offer of regular work. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's findings on the permanent disability rating by finding the AME appropriately applied *Almaraz/Guzman II* principles for calculating impairment. The Board also upheld the penalty for delayed advances and rejected the District's claim regarding work offer reductions.

Workers' Compensation Appeals BoardFresno Unified School DistrictRoberto BarajasFindings of Fact and Awardpermanent disabilityright wrist injuryright hand injuryright finger injurygroundskeeper/gardenerLabor Code section 4650
References
3
Case No. ADJ4093711 (AHM 0140492)
Regular
Jul 14, 2010

ROBERTO DELGADILLO vs. CONSTRUCTION FORKLIFT SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both the applicant and the defendant. This decision arose from the April 27, 2010 ruling in the case of Roberto Delgadillo v. Construction Forklift Services; State Compensation Insurance Fund. The WCAB cited statutory time constraints and the need for further study of the factual and legal issues as reasons for granting reconsideration. This action is intended to ensure a complete understanding of the record and to enable a just and reasoned decision after further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetitions for ReconsiderationApplicantDefendantConstruction Forklift ServicesState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After Reconsideration
References
0
Case No. ADJ7332443
Regular
Apr 29, 2011

ROBERTO ROBLES vs. ANDY GUMP, INC., OLD REPUBLIC INSURANCE CO.

This case involves applicant Roberto Robles' petitions for reconsideration of a WCJ's decision denying his claim for several industrial injuries. The Workers' Compensation Appeals Board (WCAB) is dismissing Robles' petitions because they were unverified, a mandatory requirement under Labor Code section 5902. The WCJ's report alerted applicant to this defect, and he failed to cure it or provide a valid explanation within a reasonable time. The WCAB noted that even if the petitions were not dismissed for this procedural defect, they would have been denied on their merits based on the WCJ's reasoning.

Workers' Compensation Appeals BoardUnverified PetitionPetition for ReconsiderationLabor Code Section 5902Lucena v. Diablo Auto BodyWCJ ReportCompensable Industrial InjurySubstantial EvidenceDue ProcessLabor Code Section 3208.3(h)
References
1
Case No. ADJ8584353 ADJ8661296
Regular
Sep 26, 2016

ROBERTO TAPIA vs. ANHEUSER-BUSCH BEACH CITIES, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Roberto Tapia's petition for reconsideration of a workers' compensation award, which was denied. The Board upheld the finding that Tapia sustained work-related injuries and affirmed the temporary and permanent disability indemnity awarded. Tapia's arguments regarding an increased permanent disability rate and entitlement to a job displacement voucher were rejected due to a prior stipulation and failure to follow proper procedure, respectively. Other claims were deemed outside the scope of a reconsideration petition.

Workers' Compensation Appeals BoardAnheuser-BuschACE American Insurance CompanySedgwick RiversideRoberto TapiaFindings and AwardTemporary Disability IndemnityPermanent Disability IndemnitySubsequent Job Displacement BenefitPetition for Reconsideration
References
3
Case No. ADJ401657
Regular
Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's Findings and Orders (F&O) in the case of Roberto Duran against Foto-Kem Industries. The WCJ had previously found the defendant bound by stipulations of cumulative injury, but the Appeals Board ruled these stipulations unenforceable. After reviewing the Agreed Medical Evaluator (AME) Dr. Siebold's reports, the Board found his opinion constituted substantial evidence. Consequently, the Appeals Board rescinded the prior F&O and substituted a new F&O, finding that the applicant sustained cumulative injury to his cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee during his employment from January 1, 1995, through June 28, 2007.

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside
References
0
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