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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. ADJ8791212, ADJ9504979
Regular
Apr 19, 2016

HECTOR MELGAR vs. SEQUOIA UNION HIGH SCHOOL DISTRICT, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

This case involves a Petition for Reconsideration filed by Hector Melgar against Sequoia Union High School District. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of the reconsideration request. Therefore, the Board has formally closed the matter regarding this specific petition.

Petition for Reconsideration withdrawnDismissed petitionWorkers' Compensation Appeals BoardSequoia Union High School DistrictProtected Insurance Program for SchoolsADJ8791212ADJ9504979San Francisco District OfficeMarguerite SweeneyFrank M. Brass
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 The petitioner, the defendants, has officially withdrawn their petition.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. 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. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
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. ADJ8517780
Regular
Jun 03, 2013

DEANNA ROBBINS vs. SUSANVILLE ELEMENTARY SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The district challenged the calculation of the applicant's average weekly earnings, arguing her probationary status should reduce the figure. However, the Board affirmed the administrative law judge's finding, determining that the applicant's earnings capacity was properly calculated based on her actual earnings from multiple employers prior to the injury. The Board emphasized that earning capacity is a dynamic assessment, not limited to the applicant's immediate employment status.

Workers' Compensation Appeals BoardSusanville Elementary School DistrictDeanna RobbinsPetition for ReconsiderationFindings and Awardcumulative injuryupper extremitiesaverage weekly earningsearning capacityLabor Code section 4453(c)(4)
References
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