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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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8656037
Regular
Mar 18, 2019

STERLING FORBES vs. HARLEM GLOBETROTTERS, TRAVELERS DALLAS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study factual and legal issues in Sterling Forbes' case against Harlem Globetrotters and Travelers. However, the parties have since negotiated a settlement. Consequently, the WCAB has rescinded the WCJ's August 22, 2017 Findings and Award. The case is returned to the trial level for the WCJ to determine the reasonableness of the proposed settlement.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelWCJReasonableness of SettlementNegotiated SettlementInjured Worker
References
Case No. ADJ4364152
Regular
Oct 14, 2008

PATRICIA A. NEWTON vs. SBC PACIFIC BELL

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior July 30, 2008 Joint Findings and Order because the applicant's attorney informed the Board that the case was being settled. The case is remanded to the trial level, where the WCJ will either re-issue the original decision if settlement is not finalized within 30 days, or proceed with settlement approval or other appropriate action if settlement papers are timely filed. This order allows the parties to finalize their settlement while preserving their rights.

ReconsiderationRescinded OrderRemandedTrial LevelSettlementTentative SettlementWCJJoint Findings and OrderFinalized SettlementAdministrative Law Judge
References
Case No. ADJ9038965
Regular
Sep 05, 2019

CESAR BERAUN vs. VERIZON WIRELESS, NATIONAL UNION FIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration after the defendant appealed a finding of a violent act and 79% permanent disability award. Subsequently, the parties entered into a Compromise and Release agreement for $195,000. The WCAB found the settlement adequate and in the applicant's best interest, approving the agreement. Therefore, the WCAB rescinded the original award and approved the Compromise and Release.

Compromise and ReleaseViolent ActLabor Code section 4660.1Psychiatric DisabilityPermanent Partial DisabilityWCJReconsiderationWorkers' Compensation Appeals BoardSettlement AgreementAttorneys' Fees
References
Case No. RIV 0027402, RIV 0064770
Regular
Jun 02, 2008

DELIA BEJARANO vs. Riverside Community Hospital, INTERCARE INSURANCE SERVICES, ALLIANZ INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY C/O BROADSPIRE CLAIMS SERVICES, ZURICH AMERICAN INSURANCE C/O BROADSPIRE CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the trial judge's decision, and remanded the case, finding no final agreement on settlement terms was reached between the parties. The applicant signed a compromise and release, but a subsequent addendum unilaterally introduced by one defendant, altering contribution and lien responsibilities, was not agreed upon by all parties. Therefore, no enforceable settlement existed, and the case was returned for further proceedings.

COMPROMISE AND RELEASEMANDATORY SETTLEMENT CONFERENCEADDENDUM CUNILATERAL MODIFICATIONMEETING OF THE MINDSSETTLEMENT AUTHORITYTENTATIVE AGREEMENTLIABILITY AND CONTRIBUTIONLABOR CODE SECTION 5001FAILURE OF CONSIDERATION
References
Case No. ADJ9256357
Regular
Nov 13, 2017

TREVILLE DIXON vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CMS

This case involves a lien claim by Barrington Psychiatric Center, which was initially denied by the WCJ because the applicant's psychiatric injury was not proven to be work-related. The applicant and defendant subsequently settled the primary claim. Following a commissioners' settlement conference, the defendant agreed to pay Barrington Psychiatric Center $1,250.00 to resolve the lien. This agreement has been fulfilled, leading the Appeals Board to rescind the original denial and approve the settlement.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderPsyche injuryCourse of employmentCompromise and releaseLien settlement agreementRescindVoluntary mediation
References
Case No. ADJ10012350
Regular
May 17, 2017

JAIME MEDINA vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board rescinded its January 13, 2017 Findings and Award in this case. This action was taken because the parties have reached a settlement agreement. The case is now returned to the trial level for the Workers' Compensation Judge to review the adequacy of the settlement. If the settlement is not approved, the previous award may be reinstated.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelAdequacy of SettlementAdministrative Law JudgePermissibly Self-InsuredStatus Quo Ante
References
Case No. ADJ11019336
Regular
Oct 30, 2019

ISAAC HERNANDEZ vs. RICARDO DELGADO FRESNO FLOORING, FARMERS WESTLAKE VILLAGE FARMERS INSURANCE EXCHANGE

In this workers' compensation matter, the Appeals Board has rescinded its prior decision and returned the case to the trial level. This action was taken because the applicant and defendant have reached a proposed settlement agreement while the case was pending reconsideration. The Workers' Compensation Appeals Board is now allowing the Workers' Compensation Judge to review and potentially approve this settlement. If the settlement is not approved, the judge can issue a new decision, and either party can seek further reconsideration.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings of FactOrdersWorkers' Compensation Administrative Law JudgeRescindedReturned to Trial LevelPetition for ReconsiderationProposed Settlement
References
Case No. ADJ6559962, ADJ6560200
Regular
Jan 21, 2014

ROGELIO AVALOS vs. TONY'S LANDSCAPING, STATE COMPENSATION INSURANCE FUND

The applicant's civil settlement agreement with his employer did not bar his workers' compensation claims because it was not approved by a WCJ, as required by Labor Code section 5001. The language of the civil release was insufficient to waive workers' compensation benefits without WCAB approval. Additionally, factual inaccuracies within the settlement and the applicant's testimony indicate no intent to settle workers' compensation claims. Therefore, the WCAB granted reconsideration, rescinded the prior order, and remanded the case for further proceedings.

WCABPetition for ReconsiderationFindings and OrderSettlement Agreement and Mutual ReleaseLabor Code section 5001Workers' Compensation Appeals BoardWCJSteller v. SearsRoebuck & Co.Whitford v. Workers' Comp. Appeals Bd.
References
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