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

Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ3383028 (STK 0197218) ADJ8225159 ADJ3094525 (STK 0199499)
Regular
Nov 05, 2018

ARMANDINA MACHUCA vs. STOCKTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered by YORK SERVICES GROUP

The WCAB denied Stockton Unified School District's petition for reconsideration regarding an award of temporary total disability. The defendant argued the award in ADJ3383028 was improper due to the five-year limitation under Labor Code section 4656(b) and insufficient medical evidence. The Board affirmed the WCJ's finding that the March 4, 2004 injury contributed to the 2012 temporary disability period, and that section 4656(b) applies only to temporary partial disability. Furthermore, the Board clarified that the five-year reopening limitation does not apply in cases without a prior award of compensation.

Workers' Compensation Appeals BoardArmandina MachucaStockton Unified School DistrictPetition for ReconsiderationFindings of FactAward and Orderindustrial injuryspineright shoulderpsyche
References
Case No. ADJ7547129
Regular
Sep 30, 2016

PETRA CABANAS PINO vs. INGLEWOOD UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant Inglewood Unified School District's Petition for Removal. The defendant argued the judge improperly took the trial off calendar. The Board found the defendant failed to show the order would cause significant prejudice or irreparable harm. Therefore, the Petition for Removal was denied, without addressing other issues raised.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderTrial Off CalendarSignificant PrejudiceIrreparable HarmPermissibly Self-InsuredInglewood Unified School DistrictAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ3517491 (SBR 0339570)
Regular
Apr 30, 2010

MARIA OROZCO vs. RIALTO UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Orozco's Petition for Reconsideration against Rialto Unified School District and Keenan Associates. The WCAB adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. The order of dismissal was filed on April 30, 2010. No specific details of the underlying dispute are provided in this order.

Petition for ReconsiderationDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRialto Unified School DistrictKeenan Associates RiversideADJ3517491SBR 0339570San Bernardino District Office
References
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
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
Case No. ADJ3262016
Regular
Sep 18, 2015

BETTY DYKEMAN vs. WALNUT VALLEY UNIFIED SCHOOL DISTRICT, VALLEY INSURANCE PROGRAM

This case involves Betty Dykeman's workers' compensation claim against Walnut Valley Unified School District for a 1992 back injury. The School District sought reimbursement from a lien claimant, Monrovia Memorial Hospital, for an alleged overpayment of medical services provided in 2009. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ denied the reimbursement claim due to insufficient and conflicting evidence regarding the value of the medical services and the amount of the alleged overpayment.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWalnut Valley Unified School DistrictYork Risk Services GroupLien ClaimantMonrovia Memorial HospitalPetition for ReimbursementStipulated AwardMedical TreatmentSurgery
References
Case No. ADJ2929021 (MON 0344046)
Regular
Feb 25, 2014

RONALD KELSEY vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA

This case concerns a Petition for Reconsideration filed by Barstow Unified School District and SCRMA (the defendants) regarding a decision issued on December 27, 2013. The petitioner, the defendants, has officially withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The dismissal order was issued on February 25, 2014.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedWithdrawnApplicantDefendantSchool DistrictSCRMASan Bernardino District OfficeConfidenital
References
Case No. ADJ7115274
Regular
Apr 20, 2011

JOYCE MORRIS vs. TWIN RIVERS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SCHOOLS INSURANCE AUTHORITY

Defendant Twin Rivers Unified School District sought reconsideration of a finding that applicant Joyce Morris sustained an industrial back injury. The defendant argued a lack of substantial medical evidence supported the original finding. However, a Compromise and Release agreement was submitted, prompting the Appeals Board to grant reconsideration. The Board rescinded the initial findings and returned the case to the WCJ to consider the adequacy of the C&R agreement.

Workers' Compensation Appeals BoardTwin Rivers Unified School DistrictPlayground SupervisorIndustrial InjuryBack InjuryPetition for ReconsiderationFindings of FactCompromise and ReleaseWCJMedical Evidence
References
Case No. FRE 0193412
Regular
Feb 01, 2008

THERESA BLACKBURN vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted the Fresno Unified School District's petition for reconsideration of a prior decision. This action was taken to allow further study of the factual and legal issues involved. The Board will issue a Decision After Reconsideration following this review.

Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardFRESNO UNIFIED SCHOOL DISTRICTStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsReconsideration Unit
References
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