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

Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ10818354
Regular
Oct 08, 2018

LOURDES MOSQUEDA vs. COUNTY OF RIVERSIDE

In Mosqueda v. County of Riverside, the Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained an industrial injury to her coccyx. This finding was based on the substantial medical evidence provided by a Qualified Medical Evaluator whose opinion linked the applicant's prolonged sitting at work to her pain. The Board found the employer's medical evidence insufficient due to a lack of reasoning and explanation.

Workers' Compensation Appeals BoardAOE/COEcoccyx injuryprolonged sittingcumulative traumaPQMEsubstantial evidenceburden of proofindustrial causationmedical opinion
References
Case No. ADJ10950502
Regular
Mar 10, 2020

ROBERT HANSEN (Deceased), DIANA HANSEN, MAYA HANSEN, CALLIE HANSEN, ROBERT GENE REINHARDT, Guardian Ad Litem For MATTHEW HANSEN and TAYLOR HANSEN vs. FREIGHT HANDLERS, LLC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.

Compensable Industrial InjurySuicide DefenseIntoxication DefenseCourse of EmploymentCommercial Traveler RuleProximate CauseBurden of ProofSubstantial Evidence RuleCredibility DeterminationsZero Tolerance Policy
References
Case No. FRE 0065599
Regular
Mar 04, 2008

JOHN ALLEN vs. KENT MAGNELL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied John Allen's petition for reconsideration, affirming the WCJ's decision to terminate his vocational rehabilitation services due to a consistent failure to cooperate. The Board found that Allen's persistent insistence on a specific, unachievable vocational goal, coupled with his refusal to undergo necessary medical evaluations and provide requested records, led to the impasse. Consequently, his request for retroactive benefits and vocational rehabilitation was denied.

Workers' Compensation Appeals BoardVocational RehabilitationPetition for ReconsiderationFindings and OrderRehabilitation UnitSuitable Gainful EmploymentVocational Rehabilitation Maintenance AllowanceAverage Weekly EarningsTemporary Disability IndemnityCompromise and Release
References
Case No. ADJ4494745
Regular
Jan 26, 2010

JASON HACHLER vs. GEORGE S MAY INTERNATIONAL CORP., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and deferred the issues of permanent disability, apportionment, and attorney fees. This decision was based on the applicant's recent surgery and potential changes in disability since the initial award. The case is returned to the trial level for further proceedings to allow for a comprehensive evaluation of these developments and a final determination. The original Findings and Award, excluding the deferred issues, were otherwise affirmed.

Workers Compensation Appeals BoardApplicantDefendantConsultantBusiness ManagerIndustrial InjuryLeft KneeLeft Lower ExtremityTeethCognitive Functioning
References
Case No. ADJ9719810
Regular
Nov 07, 2016

CORETHA KEITH vs. DOLLAR TREE, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Dollar Tree's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained a right knee injury and was not terminated for cause. The employer failed to meet its burden of proof by a preponderance of the evidence that the applicant violated policy or that an investigation occurred. Therefore, temporary disability benefits were appropriately awarded.

WCABPetition for ReconsiderationFindings of FactTemporary DisabilityIndustrial InjuryRight KneeQuality Control PersonTermination for CauseBurden of ProofAffirmative Defense
References
Case No. ADJ8581601
Regular
Sep 24, 2014

MARTIN CERECER vs. HUXTABLES KITCHEN, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Huxtables Kitchen, Inc. and Compwest Insurance Company. The WCAB adopted the reasoning of the workers' compensation administrative law judge's (WCJ) report. Additionally, the WCAB noted that the petitioners' representative, the Law Office of Robin Jacobs, had a pattern of failing to appear at lien hearings, which would not be tolerated.

ADJ8581601Petition for ReconsiderationWCJ ReportDenying ReconsiderationLaw Office of Robin JacobsLien HearingsPattern of ConductWorkers' Compensation Appeals BoardHuxtables KitchenCompwest Insurance Company
References
Case No. ADJ2792613 (LBO 0348698)
Regular
Dec 27, 2017

BETTY GREEN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Betty Green's petition for reconsideration of a workers' compensation award for psyche, back, and elbow injuries. The applicant seeks $100\%$ permanent disability, while the defendant argues for apportionment due to prior injuries. The Appeals Board granted reconsideration to address discrepancies in the medical evaluator's assessment of work function impairments, specifically regarding stress tolerance and supervisory responsibilities. Consequently, the Board deferred the issue of permanent disability and attorney's fees for further proceedings at the trial level, while affirming other aspects of the initial award.

ReconsiderationPetition for ReconsiderationAgreed Medical EvaluatorPermanent DisabilityPsycheOrthopedic InjuriesWork Function ImpairmentsStressVocational ReportApportionment
References
Case No. VNO 537574
Regular
Aug 18, 2008

## CARMEN BAPRAWSKI, vs. ## LOS ANGELES CITY COLLEGE; SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATION,

This case involves applicant Carmen Baprawski's claim for workers' compensation benefits due to stress and harassment sustained during her employment as a counselor. The administrative law judge dismissed the case without prejudice for failure to object to a Notice of Intention to Dismiss. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal order. The Board emphasized the legal policy favoring hearings on the merits and returned the case to the trial level. The WCJ is directed to treat the reconsideration petition as a timely objection and hold an evidentiary hearing on dismissal, considering factors like the applicant's capacity to sit for deposition.

Workers' Compensation Appeals BoardReconsiderationOrder of DismissalApplication for Adjudication of ClaimCumulative InjuryStress and HarassmentNotice of Intention to DismissGood CauseHearing on the MeritsEvidentiary Hearing
References
Case No. ADJ8840014
Regular
Mar 27, 2017

CHARLES LOPEZ vs. JLJ TRUCKING, INCORPORATED, SPARTA INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied JLJ Trucking's petition for reconsideration, affirming the finding of 100% permanent disability for applicant Charles Lopez due to an admitted industrial injury. The Board found substantial medical evidence, including multiple surgeries, ongoing pain, sleep disturbance, and limitations on sitting, supports the total permanent disability finding. Applicant's vocational expert's opinion, considering work restrictions and pain, also substantiated the conclusion that Lopez is unable to work and has lost earning capacity. A dissenting opinion argued that Agreed Medical Examiners' findings and applicant's vocational expert's report did not adequately support total permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardpermanently disabledindustrial injuryvocational expertsubstantial evidenceAgreed Medical Examinersneck injuryheadaches
References
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