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

Case No. RDG 0124146
Regular
Feb 15, 2008

LARRY WAHL vs. CITY OF CHICO

The Workers' Compensation Appeals Board granted reconsideration to clarify which permanent disability rating schedule applies to the applicant's injury sustained on May 14, 2003. The Board returned the case to the trial level to determine the applicability of exceptions to the 2005 Permanent Disability Rating Schedule and to re-evaluate attorney's fees under Labor Code section 4064(c). The applicant's industrial injury to his right knee is acknowledged, but the specific permanent disability rating and attorney's fees remain deferred for further proceedings.

Workers' Compensation Appeals BoardLarry WahlCity of ChicoBragg & AssociatesRDG 0124146Opinion and Order Granting ReconsiderationDecision After Reconsiderationindustrial injuryright kneeCity Council member
References
Case No. ADJ2220422
Regular
May 15, 2013

DIANE CECENA vs. WALT DISNEY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Diane Cecena's petition for reconsideration, upholding the administrative law judge's decision. The applicant argued that SB899's apportionment laws should not apply to her 2000 date of injury, but the Board cited case law affirming SB899's applicability to all pending cases. While noting the applicant's counsel repeatedly misstated the law and violated WCAB rules, the Board declined to assess sanctions but issued a strong admonishment.

WCABPetition for ReconsiderationSupplemental PetitionWCJSB899ApportionmentDate of InjuryPermanent and StationaryAMA GuidelinesKleeman v. W.C.A.B.
References
Case No. ADJ2582211 (MON 0334179) ADJ1970505 (MON 0334180) ADJ1139338 (MON 0334195) ADJ2350447 (MON 0334196) ADJ4166889 (MON 0334197) ADJ3264426 (MON 0349784)
Regular
Oct 22, 2009

FRANCISCO BEJAR vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE COMPANY

The WCJ's decision is affirmed, with amendment to Finding of Fact Number 4 to clarify applicant's attorney's fees. Defendant's petition for reconsideration is dismissed.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityLabor Code Section 4656Attorney FeeAgreed Medical EvaluatorPetition for ReconsiderationFindings and AwardIndustrial InjuryDate of Injury
References
Case No. SAC 328777
Regular
Nov 30, 2007

DINA DEGARIBALDO vs. RAMADA INN, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained industrial injuries to her back, legs, and psyche, resulting in permanent disability. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision to apply the 2005 Permanent Disability Rating Schedule and to apportion 20% of the applicant's psychiatric disability to non-industrial causes. This apportionment was based on the medical opinion of a Qualified Medical Examiner, Dr. Kimmel, which the Board found constituted substantial evidence.

Workers' Compensation Appeals BoardDina DeGaribaldoRamada InnState Compensation Insurance FundSAC 328777Opinion and Order Denying Reconsiderationindustrial injuryjanitor/housekeeperbacklegs
References
Case No. ADJ11198598
Regular
Sep 02, 2025

ROGELIO MALDONADO vs. AL LOWE CONSTRUCTION, INC.; EVEREST NATIONAL INSURANCE COMPANY

The applicant, Rogelio Maldonado, sought reconsideration of a prior Findings and Orders (F&O) that denied his Petition to Reopen for New and Further Disability, arguing his increased disability was incorrectly attributed to a separate injury. The Workers' Compensation Appeals Board (WCAB) accepted the applicant's petition as timely due to delayed service of the F&O. The Board has granted the Petition for Reconsideration, referring the matter for a status conference and deferring a final decision pending further review of the merits and the entire record, citing concerns about the medical evaluator's apportionment opinion and the need for further record development.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityStipulated AwardCompromise and ReleaseApportionmentQualified Medical EvaluatorSB899Findings and OrdersDeclaration in Rebuttal to Presumption of Service
References
Case No. ADJ6793144
Regular
Sep 20, 2012

LALITA CHAND vs. BANK OF AMERICA, GALLAGHER BASSETT SERVICES, INC.

This case involves a petition for reconsideration of an order regarding a Qualified Medical Evaluator (QME). The Appeals Board dismissed the petition for reconsideration because the underlying order was interlocutory and not a final determination of substantive rights. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The primary dispute concerned whether Applicant's attorney's communications with the QME warranted a replacement QME, which the Judge found did not occur due to the communication not being an "initial" evaluation and the defendant's procedural failures. The Board returned the issue of sanctions to the Workers' Compensation Judge for further proceedings.

ADJ6793144LALITA CHANDBANK OF AMERICAGALLAGHER BASSETT SERVICESINC.PETITION FOR RECONSIDERATIONDENY REMOVALFINAL ORDERINTERLOCUTORY DECISIONSSUBSTANTIVE RIGHT
References
Case No. ADJ7827606
Regular
Feb 11, 2015

GILBERT LOPEZ vs. CITY AND COUNTY OF SAN FRANCISCO, SUBSEQUENT INJURIES BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA

The Workers' Compensation Appeals Board affirmed a prior award granting Gilbert Lopez benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF contended that adjustments for diminished future earning capacity should be excluded when calculating the threshold percentage of permanent disability from the subsequent injury. The Board majority, adopting the judge's reasoning, found that these adjustments are permissible under current law, affirming eligibility. A dissenting opinion argued that such adjustments should be excluded, which would have rendered the applicant ineligible.

Subsequent Injuries Benefits Trust FundSIBTFdiminished future earning capacitypermanent disability ratingLabor Code section 4751Whole Person ImpairmentADLSB899cumulative traumaWCJ
References
Case No. ADJ 3122963
Regular
Sep 02, 2008

CHARLES M. OLLIE vs. SHO-AIDS AND AMERICAN MOTORISTS INSURANCE COMPANY, BROADSPIRE CLAIMS SERVICES, FREEMAN DECORATING, AIG, GALLAGHER BASSETT SERVICES, INC.

The WCAB granted reconsideration, rescinded the prior decision, and returned the matter for a new permanent disability rating due to insufficient evidence to support the original award and a need for apportionment of applicant's permanent disability to prior injuries.

Workers Compensation Appeals BoardPermanent DisabilityApportionmentLabor Code 4663Labor Code 4664Agreed Medical ExaminerFindings Award OrderReconsiderationPetition for ReconsiderationSubstantial Medical Evidence
References
Case No. LBO 0333419
Regular
Sep 07, 2007

FRANCIS FRY vs. NABISCO, Permissibly Self-Insured, Administered By CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted reconsideration to further develop the record on the issue of apportionment of permanent disability. The Board found that the Administrative Law Judge erred in relying on medical opinions that did not clearly delineate the apportionment of the applicant's right knee disability, especially considering a prior injury award. The case is remanded to the trial level for further proceedings to clarify which percentage of the applicant's current disability is attributable to the prior injury, the current injury, and other factors.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityLabor Code § 4664Labor Code § 4663Prior Industrial InjuryRight KneeRight Upper ExtremityQualified Medical Evaluator
References
Case No. ADJ8486083
Regular
Mar 23, 2016

PAULA BISHOP vs. VONS GROCERY COMPANY, ALBERTSONS HOLDINGS, FULLERTON

The Workers' Compensation Appeals Board denied Paula Bishop's petition for reconsideration. The Board adopted the Administrative Law Judge's report recommending denial. The denial was based on the determination that developing the record on apportionment was appropriate, and that the employer had a reasonable, good-faith doubt regarding the applicant's entitlement to temporary disability benefits due to her termination for cause.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalApportionmentAgreed Medical ExaminerAMELabor Code §5814Labor Code §4663Temporary DisabilityPermanent Disability
References
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