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

Case No. ADJ10870145, ADJ8277957
Regular
Jan 30, 2023

CARLOS LOPEZ vs. PORTERVILLE SHELTERED WORKSHOP, MANUFACTURERS ALLIANCE INSURANCE COMPANY, AMERICAN CLAIMS MGMT., TREE & SIERRA MGMT., SIERRA MGMT., CIGA, INTERCARE HOLDINGS, ULLICO CASUALTY COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding the applicant sustained cumulative trauma injury while employed by both Sierra Management and Porterville Sheltered Workshop. This decision was based on the WCJ adopting the opinion of Dr. Bernhard, which was found to be substantial evidence despite conflicting medical opinions. The Board affirmed that a single physician's considered opinion can suffice as substantial evidence, even if it contradicts other medical findings. The Petitioner's arguments regarding the WCJ's reasoning and conflicting medical opinions were rejected.

ADJ10870145ADJ8277957Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and Opinionsubstantial evidencephysician opinioncumulative injuryCIGAManufacturers Alliance Insurance Company
References
Case No. ADJ2689132 (POM 0259201)
Regular
May 22, 2012

Daphne Dewey vs. THE LIMITED/LERNER, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended a prior decision to find the applicant 100% totally permanently disabled. This reversal was based on the persuasive analysis of the applicant's vocational expert, who considered both the physical and psychological impacts of the applicant's complex regional pain syndrome. The Board found that the applicant's impairments rendered her unable to compete in the open labor market, even if she could perform limited work in a sheltered environment. Consequently, the applicant is entitled to permanent disability indemnity for life.

Complex Regional Pain SyndromeReflex Sympathetic DystrophyVocational ExpertPermanent DisabilityReconsiderationAgreed Medical ExaminerWork Function ImpairmentsOverlap of DisabilitySheltered WorkshopOpen Labor Market
References
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
Case No. ADJ4420203 (SAL 0108544)
Regular
Apr 22, 2015

DORIS NOBLE vs. VEC FARMS, LLC, STATE COMPENSATION INSURANCE FUND

This case involves Doris Noble's workers' compensation claim for a bilateral knee injury. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (WCJ) finding of 100% permanent total disability. This decision relied heavily on the agreed medical evaluator's opinion and the vocational expert's assessment that the applicant's chronic pain, medication, and severe physical limitations rendered her unable to benefit from vocational rehabilitation. The Board also admonished the defense attorney for improperly citing an unpublished case.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorPermanent Total DisabilityVocational ExpertFuture Earning CapacitySheltered WorkshopOrthopedic InjuriesChronic Pain SyndromeMedication Intake
References
Case No. ADJ8937362
Regular
Mar 07, 2014

EDWARD ZWETTLER vs. KKOTTONGNAE RETREAT CENTER

The Workers' Compensation Appeals Board denied Edward Zwettler's petition for reconsideration, upholding the judge's decision that he was not an employee of Kkottongnae Retreat Center (KRC). The judge found Zwettler's testimony regarding an employment agreement with an unauthorized individual and his continued presence on KRC property despite attempts to evict him lacked credibility. Furthermore, even if an agreement existed, it would likely be excluded from workers' compensation coverage due to KRC being a charitable organization providing shelter based on need, not employment.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.in pro perShelter Agreementverbal agreementcharitable organizationBr. Philip
References
Case No. ADJ13061844
Regular
Dec 28, 2020

RON PETTWAY vs. TRILLIUM STAFFING SOLUTIONS, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding a prior order that denied the defendant's request to compel the applicant's attendance at an in-person medical evaluation. The WCAB found that the administrative law judge improperly denied the petition solely due to the Shelter in Place Order. The Board clarified that emergency regulations permit medical-legal evaluations during the state of emergency and returned the matter to the trial level to determine if the evaluation could proceed under these regulations.

Workers' Compensation Appeals BoardPetition for RemovalMedical Legal EvaluationQualified Medical EvaluatorShelter in Place OrderLabor CodeCompel AttendanceRescind OrderReturn to Trial LevelTelehealth
References
Case No. ADJ9342987, ADJ9342988
Regular
Apr 21, 2014

DEBBIE MORRISON vs. COUNTY OF SANTA BARBARA/PUBLIC HEALTH DEPARTMENT, CORVEL

This case involves an applicant's petition for removal, seeking a change of venue to a Santa Barbara office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the WCJ's report. The WCAB explained that the Division of Workers' Compensation (DWC) dictates office locations based on budgetary constraints and can calendar hearings at different offices due to limited resources. The applicant may petition for a change of venue to Oxnard.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueSatellite FacilityIrreparable HarmAdministrative Law JudgeLabor Code § 138.2(b)Labor Code § 5501.5Goleta District Office
References
Case No. SJO 223167
Regular
Nov 07, 2007

PAUL NEAL vs. STEVENS CREEK TOYOTA, MID CENTURY INSURANCE, SUBSEQUENT INJURIES FUND of the STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied reconsideration for Paul Neal's case. The Board adopted the judge's report which found that Neal's pre-existing COPD constituted a pre-existing disability despite his prior employment. The judge also found Neal's testimony credible regarding his limited actual work hours, supporting the award of permanent total disability based on expert vocational opinion.

Workers Compensation Appeals BoardSubsequent Injuries FundPetition for ReconsiderationAdministrative Law JudgePermanent Total DisabilityPre-existing DisabilityChronic Obstructive Pulmonary DiseaseLabor DisablingVocational ExpertOdd-Lot
References
Case No. ADJ6993381
Regular
Mar 12, 2013

RONALD GERTON vs. CITY OF PLEASANTON

The Workers' Compensation Appeals Board rescinded a prior award finding the applicant incurred a 62% permanent disability due to a low back injury. The Board remanded the case to develop the record on whether the applicant is amenable to vocational rehabilitation and its effect on his diminished future earning capacity. The Board also questioned the applicant's vocational expert's exclusion of actual post-injury earnings, which were substantial, in favor of hypothetical lower wage rates. This development is necessary to properly evaluate if the scheduled permanent disability rating has been rebutted.

Diminished Future Earning Capacity2005 Permanent Disability Rating Schedulevocational expertAgreed Medical Examinersubstantial evidencerebuttalapportionmentsheltered employmentLeBoeuf analysisopen labor market
References
Case No. ADJ7680626
Regular
Dec 23, 2013

MARGARITA SALMERON vs. SHELTER FROM THE STORM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The petition was filed 37 days after the WCJ's Order dismissing the lien for failure to pay the activation fee, exceeding the 25-day jurisdictional deadline. Despite the WCJ's recommendation to grant reconsideration based on timely payment of the fee, the Board lacked jurisdiction due to the untimely filing. Therefore, the underlying order dismissing the lien stands.

Lien activation feePetition for reconsiderationUntimely filingLabor Code section 4903.06WCJ orderDismissalJurisdictionOfficial Address RecordService by mailAppeals Board
References
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