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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ1904323 (GRO 0034275) ADJ3208896 (GRO 0034276) ADJ649343 (GRO 0034277)
Regular
Nov 01, 2010

SARAH SHIPP vs. GOTTSCHALKS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration, rescinding the prior award due to the Workers' Compensation Judge's (WCJ) improper reliance on an Agreed Medical Evaluator's (AME) hernia analogy to rate upper extremity impairment. This analogy violated *Almaraz II* by not adhering to the AMA Guides and potentially incorporating pre-2005 rating schedules. The rater also used an incorrect impairment number and occupational adjustment. The case is remanded for further proceedings and a new decision by the WCJ, ensuring the rating is not based on the flawed hernia analogy.

Workers' Compensation Appeals BoardSarah ShippGottschalksSpecialty Risk ServicesJoint Findings and Awardindustrial injuryright shoulderleft shoulderright elbowthumb
References
Case No. LBO 0370773, LBO 0377679, LBO 0377749
Regular
Oct 10, 2007

LULIO ARAUJO vs. THE QUEEN MARY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained injuries to his right shoulder, left shoulder, and bilateral shoulders, resulting in a 23% permanent disability rating. The WCAB denied the applicant's petition for reconsideration, upholding the WCJ's decision to rate the permanent disability under the 2005 Schedule instead of the 1997 Schedule. This decision aligns with the appellate court's interpretation in *Vera v. Workers' Comp. Appeals Bd.* regarding when a report indicates permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaintenance WorkerIndustrial InjuryRight ShoulderLeft ShoulderBilateral ShouldersCumulative InjuryPermanent Disability
References
Case No. LBO 0370773
Regular
Oct 10, 2007

LULIO ARAUJO vs. THE QUEEN MARY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's award. The applicant argued the judge erred by using the 2005 Schedule instead of the 1997 Schedule for rating permanent disability, but the Board found the judge's reasoning, consistent with appellate precedent, to be correct. The denial affirmed the calculated permanent disability rating based on injuries to the applicant's shoulders.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaintenance WorkerIndustrial InjuryRight ShoulderLeft ShoulderBilateral ShouldersCumulative InjuryPermanent Disability
References
Case No. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
Case No. SFO 0425862 SFO 0425863
Regular
May 14, 2008

William Bishop vs. IGC POLYCOLD SYSTEMS, ROYAL & SUN ALLIANCE

This case involves a workers' compensation applicant claiming injury to his right shoulder and seeking a new vocational rehabilitation plan. The Appeals Board affirmed the WCJ's denial of a new vocational plan and the finding of no industrial injury to the right shoulder. However, they reversed the WCJ to award benefits resulting from right shoulder surgery, deeming it a consequence of the compensable left shoulder injury.

Workers' Compensation Appeals BoardReconsiderationVocational Rehabilitation PlanIndustrial InjuryRight ShoulderLeft ShoulderTemporary DisabilityQualified Medical EvaluationCausationNon-Industrial
References
Case No. ADJ9744877
Regular
Sep 13, 2019

DALJEET HEERA vs. BANK OF AMERICA, CORVEL CORPORATION

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of an applicant's claim for industrial injury to her right shoulder, left shoulder, and cervical spine. The Board affirmed the Workers' Compensation Judge's (WCJ) credibility determination, finding it supported by substantial evidence, and gave it great weight. The WCJ's report, adopted by the Board, found that the applicant's treating physicians' opinions constituted substantial evidence, outweighing the defense medical evaluator's conflicting conclusions. The Board emphasized that a single physician's opinion can be sufficient if it is well-reasoned and consistent with the record, even if other opinions differ.

Petition for ReconsiderationWCJ credibility determinationsubstantial evidencemedical opinionsapplicantdefendantindustrial injuryright shoulderleft shouldercervical spine
References
Case No. ADJ10991851, ADJ10991853
Regular
Apr 03, 2025

CLAUDIA VILLARRUEL DE MUNDO vs. DISPLAY PRODUCTS, INC.; TRAVELERS; SECURITY NATIONAL COMPWEST; ZENITH

The Workers' Compensation Appeals Board (WCAB) granted defendant Zenith's Petition for Reconsideration, reviewing the Joint Findings of Fact and Award (F&A) issued on May 24, 2021. The WCAB rescinded the F&A and substituted new findings. It found that the applicant, Claudia Villarruel De Mundo, sustained a cumulative injury to her cervical spine, left shoulder, and right shoulder up to September 22, 2017. However, the Board deferred the issues concerning the Labor Code section 5412 date of injury and the Labor Code section 5500.5 period of liability, returning the case to the trial level for further proceedings consistent with this decision.

WCABPetition for ReconsiderationJoint Findings of Fact and Awardcervical spineleft shoulderright shoulderpermanent disabilityattorney's feesLabor Code section 5412Labor Code section 5500.5
References
Case No. ADJ7902052
Regular
Mar 04, 2014

SHARON TEDFORD vs. SUPERIOR COURT COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case involves a workers' compensation applicant seeking reconsideration of a decision that found injury to her right shoulder, elbow, and hand, resulting in 34% permanent disability. The applicant contended the permanent disability rating was too low and that injury to her right wrist and left shoulder was improperly denied. The Appeals Board granted reconsideration, adopting the WCJ's report to correct a rating calculation error, increasing the permanent disability to 35%. The Board affirmed the denial of injury to the right wrist and left shoulder, finding substantial evidence supported the original determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingIndustrial InjuryAOE/COERight Shoulder InjuryRight Wrist InjuryLeft Shoulder InjuryPermanent Disability Schedule
References
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