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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ968 0098
Regular
Apr 01, 2018

EVELYN SOLIMAN vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to address apportionment in Applicant's cumulative injury claim. The Board found the administrative law judge erred by disregarding the panel qualified medical evaluator's apportionment opinion. The evaluator had determined 50% of the Applicant's permanent disability was due to a prior industrial injury. Consequently, the Board amended the award, reducing the Applicant's compensable permanent disability from 47% to 24% after apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityApportionmentQualified Medical EvaluatorCumulative InjuryPrior Industrial InjuryLabor Code Section 4663Medical TreatmentFindings and Award
References
Case No. ADJ1740707; ADJ 6488844; ADJ 6498254
Regular
Nov 06, 2013

CHERYL HILTON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Cheryl Hilton's petition for reconsideration. The Board adopted the WCJ's report, which found that while Hilton sustained industrial injuries, they stemmed from lawful, nondiscriminatory, good faith personnel actions. Therefore, compensation was barred under Labor Code §3208.3(h). The Board also upheld the finding of no specific injury on July 23, 2008, as the events were found to be part of ongoing actions and not a distinct injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. App. Bd.Senior Clerk TypistPsyche injurysleep disorderLabor Code §3208.3(h)good faith personnel actionsRolda v. Pitney Bowes
References
Case No. ADJ8066822
Regular
May 30, 2019

SCOTT WALL vs. COUNTY OF SACRAMENTO

This case concerns a deputy sheriff sergeant, Scott Wall, who alleges discrimination under Labor Code section 132a. Wall was denied a requested transfer to a patrol division while on injury leave, despite having the seniority for it. The Workers' Compensation Appeals Board affirmed the finding that the County of Sacramento discriminated against Wall by denying the transfer, as less senior employees were transferred. The employer's defense of business necessity was rejected because the County had other options to fill the critical patrol positions.

Labor Code section 132aDiscriminationRetaliationTransfer denialSeniorityBusiness necessityPrima facie caseDisadvantageous treatmentWCJReconsideration
References
Case No. ADJ6729351
Regular
Jul 06, 2012

TERESA MALDONADO vs. SUNRISE SENIOR LIVING, SEDGWICK CMS

This case, *Maldonado v. Sunrise Senior Living*, involved an applicant seeking reconsideration of a prior decision by the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition for reconsideration and the administrative law judge's report. Finding no grounds to overturn the initial decision, the WCAB formally denied the petition for reconsideration. The order adopting the judge's reasoning implies the original ruling was affirmed.

Workers' Compensation Appeals BoardSunrise Senior LivingSedgwick CMSADJ6729351Long Beach District OfficeDenying ReconsiderationPetition for ReconsiderationAdministrative Law Judge ReportRecord ReviewAdopt and Incorporate
References
Case No. ADJ7009322
Regular
Nov 17, 2015

PENNY VERDIN vs. HEALDSBURG SENIOR LIVING, LLC, dba, HEALDSBURG SENIOR LIVING COMMUNITY, CARE WEST INSURANCE

This case involved an applicant who alleged her termination constituted discrimination under Labor Code section 132a. The applicant argued her employer terminated her due to her permanent and stationary industrial injury, especially after withdrawing a modified duty position without an interactive process. While a prima facie case was established, the defendant successfully rebutted the claim by demonstrating no available permanent positions accommodated the applicant's work restrictions. The Appeals Board denied reconsideration, affirming the employer had a legitimate business reason for termination and the applicant failed to provide contradictory evidence.

Workers' Compensation Appeals BoardPenny VerdinHealdsburg Senior LivingLLCCare West InsuranceLabor Code Section 132aDiscriminationPermanent and Stationary InjuryModified DutyTemporary Disability
References
Case No. ADJ8741812
Regular
May 20, 2019

STEVEN ALFARO vs. AYERS CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE GROUP

This case involves an employer, Ayers Construction Company, accused of discriminating against an employee, Steven Alfaro, for exercising his workers' compensation rights under Labor Code section 132a. The applicant alleged he was terminated shortly after requesting medical treatment, and despite a medical release, was denied reinstatement while other, less senior employees were retained. The Appeals Board affirmed the prior decision finding discrimination, determining the employer failed to provide a credible business necessity for the discharge. The employer must pay increased compensation, back wages and benefits, with adjustments for temporary disability payments received.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationretaliationreinstatementincreased compensationback wagesbenefitstemporary disabilitymedical treatment
References
Case No. ADJ10247229
Regular
Sep 13, 2022

BRENDA RICHARD vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings. The applicant sought reconsideration of a finding of 3% permanent disability for a cumulative left ankle injury, contending she was entitled to an unapportioned award. The WCAB found the Agreed Medical Examiner's (AME) apportionment opinion lacked substantial evidence due to insufficient reasoning and failure to address rating schedule differences. The case was returned to the WCJ to develop the record, specifically directing the AME to provide a supplemental report on apportionment considering the differing rating schedules of prior and current injuries.

Permanent disabilityApportionmentCumulative injuryAgreed medical examinerSubtraction methodPermanent disability rating scheduleLabor Code section 4664Pre-existing conditionMedical opinionSubstantial evidence
References
Case No. ADJ1180912 (ANA 0395704)
Regular
Oct 08, 2012

ERLINDA NORMAN vs. LOS ANGELES COUNTY HEALTH DEPARTMENT

This case concerns a worker's compensation appeal where the applicant challenged the employer's credit for temporary disability payments made after her permanent and stationary date. The Appeals Board granted reconsideration, finding the employer was only entitled to a credit for temporary disability indemnity paid after the Agreed Medical Evaluator's report dated January 6, 2009. This decision recognized the applicant received benefits in good faith prior to notice of her permanent and stationary status and cautioned employers to ensure timely issuance of medical reports.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityTemporary DisabilityCreditAgreed Medical EvaluatorTreating PhysicianLabor CodeEquitable Principles
References
Case No. ADJ1378934 (VNO 0542019), ADJ7423562
Regular
Nov 07, 2013

VICTORIA BARNETT vs. COUNTY OF LOS ANGELES; Permissibly Self-Insured, Administered by TRISTAR RISK MANAGEMENT

The Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The WCJ improperly deferred the issue of home health care entitlement and reimbursement, which Applicant contended SB 863 did not preclude. The Board remanded the case for an expedited hearing to determine entitlement to home health care, whether SB 863 applies, and to resolve lien reimbursement issues afterward.

Petition for RemovalSB 863home health careexpedited hearingLabor Code § 4610applicant's entitlementretroactive reimbursementstipulated awardpetition to reopenApplication for Adjudication of Claim
References
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