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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. SDO 0321444 SDO 0321446
Regular
Jun 28, 2007

MARY BLOEMSMA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied reconsideration, upholding the use of the revised permanent disability rating schedule for applicant's pre-January 1, 2005 injury. The Board found that the treating physician's reports did not explicitly state the applicant was "permanent and stationary" with a ratable disability, a prerequisite for applying the older rating schedule under Labor Code § 4660(d). Therefore, the revised schedule was correctly applied, resulting in a 22% permanent disability rating.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusTreating Physician's ReportComprehensive Medical-Legal ReportIndustrial InjuryHerniated Disc
References
Case No. ADJ1099369
Regular
Jul 01, 2009

SANDRA SMULLEN vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the applicant's pre-2005 treating physician reports sufficiently indicated permanent disability. Consequently, the Board applied the 1997 permanent disability rating schedule instead of the 2005 schedule. This resulted in an amended award of 56 percent permanent disability based on the stipulated rating under the 1997 schedule. The decision reversed the prior award that had utilized the 2005 schedule and awarded 35 percent permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 Rating Schedule1997 Rating ScheduleLabor Code section 4660(d)Petition for ReconsiderationIndustrial InjuryPolice OfficerBack InjuryTreating Physician
References
Case No. FRE 0233572, FRE 0233574, FRE 0233575, FRE 0237180
Regular
Jan 16, 2008

WILLIAM R. ALTMAN vs. PPG INDUSTRIES, INC., SENTRY INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, determining that the older permanent disability rating schedule should apply due to the defendant's obligation to provide specific statutory notices. The case is returned to the trial level to re-rate permanent disability using the correct schedule and to issue a decision on a previously undecided claim. The Board affirmed the denial of transportation and lodging costs for the applicant's trial attendance.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardCumulative TraumaPermanent Disability Rating ScheduleLabor Code Section 4061Labor Code Section 4660(d)Old Rating ScheduleNew Rating ScheduleIndustrial Injury
References
Case No. STK 0196520
Regular
Jul 17, 2008

GARY L. WIKA vs. ROEBERS, INC., STATE COMPENSATION INSURANCE FUND

The applicant sustained an industrial injury to his left heel in March 2004. The defendant sought reconsideration of the WCJ's award of 74% permanent disability, arguing the wrong rating schedule was applied. The Board granted reconsideration to extend the defendant's time for calculating a life pension commutation. The Board affirmed the original award, finding the prior rating schedule applicable due to evidence of permanent disability from a treating physician before January 1, 2005.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleSB 899AMA GuidesLabor Code 4660(d)Treating Physician ReportPermanent and Stationary StatusComminuted Calcaneous FractureBoehler AngleTalocalcaneal Joint Fracture
References
Case No. ADJ2653629 (LAO 0826099)
Regular
Dec 02, 2011

, Applicant, vs. HERITAGE PRINTING AND FINISHING CORP.; CHARTIS,

This case concerns the application of the 1997 or 2005 permanent disability rating schedule for a 2003 injury. The applicant's psychiatric permanent disability was found to exist as of November 1, 2004, based on a comprehensive medical-legal report. The Appeals Board affirmed the WCJ's decision to use the 1997 schedule, as the pre-2005 report triggered an exception under Labor Code section 4660(d). The defendant's arguments regarding the report's qualifications and separate rating for body parts were rejected.

Permanent disability rating scheduleLabor Code section 4660(d)1997 rating schedule2005 rating scheduleComprehensive medical-legal reportTreating physician reportAldi v. CarrMcClellanIngersollThompson & Horn
References
Case No. ADJ1781751 (SJO 0264172) ADJ4460330 (SJO 0264178) ADJ3361342 (SJO 0266633)
Regular
Jan 14, 2010

SARA MARTINEZ-RODRIGUEZ vs. TARGET STORES, Permissibly Self-Insured; SEDGWICK CMS, TPA

The Workers' Compensation Appeals Board denied Target Stores' petition for reconsideration, affirming the WCJ's award to Sara Martinez-Rodriguez. The Board found Target's argument that the applicant's 2002 absence from work was for personal reasons unsubstantiated, upholding the temporary disability finding. The Board also affirmed the WCJ's use of the 1997 permanent disability rating schedule for the 1998 and 2002 injuries, primarily because Target failed to issue the required Section 4061 notice due to its own misconduct in not paying temporary disability benefits. The Board disagreed with the WCJ's secondary rationale for applying the older schedule based on the AME's post-2005 report, finding it insufficient on its own.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityRating ScheduleLabor Code Section 4061Agreed Medical Examiner (AME)Pre-2005 Injuries1997 Rating Schedule
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
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