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Case Law Database

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

Case No. ADJ3199179 (STK 163280) ADJ1481035 (STK 163281) ADJ270732 (STK 165217) ADJ1287248 (STK 169257) ADJ1494240 (STK 202407) ADJ3896936 (STK 209840) ADJ1827304 (STK 209841)
Regular
Nov 17, 2003

Antonio Goncalves vs. DEOLINDA LOPES DAIRY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by BROADSPIRE for LEGION INSURANCE COMPANY, in liquidation, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted CIGA's reconsideration, reversing the prior decision that denied CIGA's request to be relieved as administrator for certain benefits. The Board found that SCIF is jointly and severally liable for applicant's knee and bilateral shoulder injuries because these injuries were sustained over periods covered by both Legion (now CIGA) and SCIF. Therefore, SCIF is now appointed as the administrator for nonpermanent disability benefits in cases STK 163280 and STK 169257.

CIGALegion Insurance CompanyState Compensation Insurance FundSCIFliquidationcovered claimsother insurancenonpermanent disability benefitsjoint and several liabilitybilateral shoulders
References
5
Case No. STK 0178059 STK 0195257 STK 0195258
Regular
Nov 20, 2007

DEBBIE ANDREWS vs. FREEZER QUEEN FOODS, INC., DBA VALLEY FRESH, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior award finding applicant sustained industrial injury to her knees, resulting in 42% permanent disability after apportionment. The Board found the Agreed Medical Evaluator's opinion on apportionment was substantial evidence, relying on case law that supports medical experts' apportionment based on expertise and diagnostic tools. Furthermore, the Board clarified that the permanent disability calculation methodology used by the judge aligns with current Supreme Court precedent.

Workers' Compensation Appeals BoardFreezer Queen FoodsZurich Insurance CompanyDebbie AndrewsQuality Control Techniciancumulative traumapermanent disabilityapportionmentAgreed Medical EvaluatorDr. Mandell
References
6
Case No. STK 0148870, STK 0148871, STK 0167759
Regular
Dec 07, 2007

GENOVEVA VELA vs. OAK VALLEY HOSPITAL and CIGA, on behalf of FREMONT INSURANCE COMPANY, in liquidation

The applicant's petition for reconsideration was dismissed as untimely. The defendant's petition was denied, upholding the WCJ's decision to reject the Agreed Medical Evaluator's apportionment opinion due to lack of substantial evidence and specificity. The Board also noted that the defendant was not aggrieved by the deferral of the temporary disability issue.

Workers' Compensation Appeals BoardGenoveva VelaOak Valley HospitalCIGAFremont Insurance CompanyPetition for ReconsiderationFindings of FactAward and OrderIndustrial InjuryPermanent Disability
References
17
Case No. STK 100401, STK 102758, STK 151721
Regular
May 01, 2007

JACK LITTLE vs. TRI-VALLEY GROWERS, NATIONAL UNION FIRE INSURANCE COMPANY

Applicant Jack Little sustained admitted industrial injuries to his knees and back, resulting in permanent disability and a need for ongoing medical treatment, including for his hypertension. The Appeals Board denied reconsideration of the finding that applicant's erectile dysfunction is not a compensable consequence of the industrial injuries, as both medical evaluators concluded it was not caused by the work injuries. However, a dissenting commissioner argued for reconsideration to further develop the record regarding whether the industrially-caused hypertension and its medications contribute to the erectile dysfunction.

Workers' Compensation Appeals BoardTri-Valley GrowersNational Union Fire Insurance CompanyJack Littleindustrial injurieskneesbackmaintenance mechanicpermanent disabilitymedical treatment
References
3
Case No. STK 162499, STK 162500, STK 162501
Regular
Feb 15, 2008

SHARON A. HOLLINS vs. AC TRANSIT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded three findings of fact and awards. This action was taken because the original decisions failed to properly address apportionment issues, specifically concerning the applicant's obesity and a prior disability award. The cases are now returned to the trial level for further proceedings and new decisions by the judge.

ApportionmentAgreed Medical EvaluatorIndustrial InjuryPermanent DisabilityObesityPrior AwardLabor Code Section 4664Petition for ReconsiderationFindings and AwardsRescinded
References
1
Case No. ADJ1738288 (STK 0190763) ADJ2794711 (STK 0190762) ADJ1287276 (STK 0190764) ADJ1593256 (STK 0190765) ADJ2352943 (STK 0190766)
Regular
Mar 26, 2010

GLORIA VANOVER-LOPEZ vs. WESTLAND TECHNOLOGY and CIGA and ITS SERVICING FACILITY, INTERCARE INSURANCE SERVICES, for PNIC IN LIQUIDATION

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings due to a due process violation against CIGA. The WCAB found that CIGA was improperly forced to trial after being dismissed and subsequently rejoined as a party without proper notice or opportunity to participate in discovery or preparation. While CIGA's arguments regarding liability were potentially flawed, fundamental fairness required CIGA to have an opportunity to be heard. The WCAB recommended a new judge be assigned for further proceedings.

CIGAReconsiderationDue ProcessJoinderDismissalStatute of LimitationsPermanent DisabilityMedical TreatmentWCJAdjudication
References
0
Case No. ADJ1738288 (STK 0190763) ADJ2794711 (STK 0190762) ADJ1287276 (STK 0190764) ADJ1593256 (STK 0190765) ADJ2352943 (STK 0190766)
Regular
Feb 04, 2010

GLORIA VANOVER-LOPEZ vs. WESTLAND TECHNOLOGY and CIGA and ITS SERVICING FACILITY, INTERCARE INSURANCE SERVICES, for PNIC IN LIQUIDATION

This case involves a petition for reconsideration filed by the defendant, Westland Technology and its insurers, regarding a previous decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future communications should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGLORIA VANOVER-LOPEZWESTLAND TECHNOLOGYCIGAPNIC IN LIQUIDATIONINTERCARE INSURANCE SERVICESSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
0
Case No. ADJ 2024530 (STK 200051)
Regular
Sep 03, 2008

DENNIS CORDOVA vs. STANISLAUS COUNTY SHERIFF'S DEPARTMENT, CLAIMS MANAGEMENT INC.

Reconsideration granted; prior decision rescinded; matter returned to WCJ for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRescindFurther ProceedingsWCJ DecisionStanislaus County Sheriff's DepartmentPermissively Self-InsuredClaims Management Inc.ADJ 2024530STK 200051
References
0
Case No. ADJ2411163 (STK 0151867) ADJ4480333 (STK 0153205) ADJ2289502 (STK 0166931) ADJ3381209 (STK 0166939)
Regular
Nov 01, 2010

JAMES HERNANDEZ vs. GALLO GLASS COMPANY

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration of a findings and award. The Board affirmed the finding of 57.5% permanent disability for bilateral shoulders, neck, and back injuries resulting from cumulative trauma, based on parties' stipulations and credible medical evidence. The Board found no error in the rating instructions, as they followed the parties' stipulation regarding Dr. Kucera's report. Finally, the Board concluded Gallo Glass failed to meet its burden of proof to establish overlap for apportionment under Labor Code § 4664, therefore no reduction for prior awards was granted.

WCABPetition for ReconsiderationFindings and AwardStipulationsCumulative TraumaApportionmentPermanent DisabilityDisability Evaluation UnitRating SpecialistLabor Code Section 4664
References
4
Case No. ADJ3727455 (STK 0208835) ADJ4692538 (STK 0213659) ADJ209288 (STK 0209862) ADJ4331231 (STK 0209863) ADJ6968731
Regular
Nov 14, 2016

KEVIN JOHNSTON vs. CITY OF RED BLUFF, CITY OF SONORA, COUNTY OF SUTTER

This case involves an applicant with multiple workers' compensation claims against the City of Red Bluff and City of Sonora for industrial injuries to his spine. The Workers' Compensation Appeals Board granted reconsideration to correct calculation errors in the permanent disability indemnity awards for both defendants, reducing the amounts awarded by the administrative law judge. The Board also affirmed the exclusion of the County of Sutter from the cumulative trauma injury period, citing a lack of specific record support from the petitioner and contrary medical evidence.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityIndustrial InjuryThoracic SpineCervical SpineCumulative TraumaSpecific InjuryPermissibly Self-InsuredDistrict Attorney Investigator
References
2
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