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

Case No. ADJ400686 (VNO 0499836)
Regular
Nov 08, 2016

MICHAEL CURZI vs. PHARMAVITE, LLC, TRAVELERS DIAMOND BAR

In *Curzi v. Pharmavite, LLC*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case. The WCAB amended the original decision to defer issues of sleep disorder, permanent disability, apportionment, and attorney fees. This action was taken to allow for further development of the record regarding the industrial causation of the sleep disorder. The matter is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardPharmaviteLLCTravelers Diamond BarADJ400686VNO 0499836Opinion and Decision After ReconsiderationFindings and Awardcomputer operatorindustrial injury
References
Case No. ADJ7527781; ADJ7527786
Regular
Feb 05, 2016

OCTAVIO ESPINOZA vs. TORRES FARM LABOR, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award to defer the finding of permanent disability and attorney's fees. The Board denied the defendant's petition for reconsideration, affirming the original award regarding future medical treatment for internal injuries. The case is returned to the WCJ for further proceedings, including consideration of a sleep study report and development of the record concerning permanent disability. The Board agreed that substantial evidence supported the finding of industrial injury to internal organs and the need for future medical treatment.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityTemporary Total DisabilityFuture Medical TreatmentPetition for ReconsiderationFindings of FactJoint AwardWCJSubstantial Evidence
References
Case No. ADJ4311260
Regular
Feb 16, 2010

ROBERT LEWIS vs. TOPA INSURANCE CO. INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address whether applicant's sleep apnea is industrially related. The initial WCJ found it was not, based on stipulations and medical reports, but the applicant contested this, relying on Dr. Fu's report. The Board found Dr. Fu's report lacked substantial evidence due to insufficient reasoning and a conclusory approach. Therefore, the case is returned to the trial level for further development of the record regarding the industrial causation of the applicant's sleep apnea.

Workers' Compensation Appeals BoardIndustrial InjuryCervical SpineRight ShoulderPermanent DisabilitySleep ApneaIndustrial CausationMedical TreatmentReconsiderationAgreed Medical Examiner (AME)
References
Case No. ADJ7037201
Regular
Apr 22, 2013

Eddie Avakian vs. CITY OF BALDWIN PARK, ADMINSURE

This case involves an applicant police officer seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 72% permanent partial disability. The applicant contended the WCJ erred by excluding sleep disturbances and sexual dysfunction from the disability rating and by apportioning his cardiovascular disability. The WCAB granted reconsideration, rescinded the original award, and found the applicant's sexual dysfunction and sleep disorder compensable. The matter was returned to the trial level for a new decision, with the WCAB stating it would not disturb other findings, including the hypertension apportionment.

Workers' Compensation Appeals BoardEddie AvakianCity of Baldwin ParkPermissibly Self-InsuredAdministered By ADMINSUREADJ7037201Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award and OrderAdministrative Law Judge
References
Case No. ADJ9777475
Regular
Feb 14, 2017

MOSES CASTILLO vs. CITY OF LOS ANGELES

The WCAB granted reconsideration regarding a prior award of $73\%$ permanent disability for an applicant's industrial injuries. The Board found the WCJ erred by including a $2\%$ rating for sleep apnea, as Labor Code section 4660.1(c)(1) prohibits increases for sleep dysfunction arising from a compensable physical injury. Furthermore, the Board remanded for clarification on the $10\%$ right hand and wrist impairment rating, as the agreed medical evaluator may have improperly combined impairment components under the AMA Guides. Jurisdiction was deferred for a re-rating of permanent disability after these issues are resolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4660.1(c)(1)AMA GuidesAgreed Medical EvaluatorCarpal Tunnel SyndromeCumulative InjuryDate of Injury
References
Case No. ADJ70 84052
Regular
Mar 23, 2015

Edwin Martinez vs. Coca-Cola Enterprises, Inc.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the Workers' Compensation Judge's report, which found a compensable sleep disorder and awarded additional permanent disability. The Board also found that the judge's order regarding the Employment Development Department (EDD) lien was a non-final order and denied the defendant's related contention.

Sleep disordercompensable sleep disorderpermanent disabilityWCJ discretionEDD lienreimbursementpetition for reconsiderationabuse of discretionWPIpsychiatric injury
References
Case No. ADJ1528752 (FRE 0238108) ADJ2715270 (FRE 0238107) ADJ4356655 (FRE 0238106)
Regular
Mar 10, 2014

JUANITA GUZMAN vs. BEST BUY, GALLAHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant's orthopedic injuries were established, resulting in a $29\%$ permanent disability rating. However, the applicant failed to provide substantial medical evidence that her industrial injuries caused or contributed to her alleged cardiovascular system issues, sleep apnea, GERD, or hypertension. Specifically, the opinion of the applicant's expert, Dr. Cayton, was deemed not substantial evidence due to reliance on an inaccurate and unverified history of the applicant's weight.

Workers' Compensation Appeals BoardJoint Findings of Fact and AwardPetition for ReconsiderationAdministrative Law JudgeBest BuyGallaher Bassett ServicesInc.Permanent DisabilityIndustrial InjuriesOrthopedics
References
Case No. ADJ6772869
Regular
Jan 17, 2012

Michelle Jones vs. CITY OF LONG BEACH

This case involves a worker seeking compensation for a sleep disorder in addition to her admitted industrial shoulder injury. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found that the applicant's hypersomnia was not a separate ratable sleep disorder, but rather a consequence of pain from her industrial shoulder injury. Therefore, the case was returned for a new permanent disability rating that excludes the sleep disorder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjurySleep DisorderPermanent DisabilityRight ShoulderHypersomniaAMA GuidesPain Questionnaire
References
Case No. ADJ8782360
Regular
Jun 01, 2018

Eldridge Taylor vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board denied a petition for reconsideration, affirming a prior award to Eldridge Taylor. The award included permanent disability for cumulative trauma injuries, sleep disorder, and hearing loss. The employer argued the sleep disorder rating was subsumed by orthopedic pain, the hearing loss lacked substantial evidence, and the WCJ failed to properly apportion non-industrial factors. The Board adopted the WCJ's report, finding sufficient medical evidence for the sleep disorder and hearing loss. The dissenting opinion argued the sleep disorder award should be rescinded as it stemmed solely from industrial pain already rated.

Workers' Compensation Appeals BoardEldridge TaylorCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8782360Cumulative TraumaCorrectional OfficerParole OfficerSleep Disorder
References
Case No. ADJ6527507
Regular
Oct 18, 2010

Wayne Moore vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration, finding the WCJ improperly substituted his medical judgment for the Qualified Medical Evaluator's (QME) regarding the applicant's industrial sleep disturbance. The WCJ's finding of no industrial sleep impairment, despite the QME's opinion indicating such, was deemed erroneous. The Board rescinded the original award and remanded the case for a new rating that incorporates the QME's findings on sleep disturbance. Additionally, the WCJ must correct an identified occupational group number error in future rating calculations.

Workers' Compensation Appeals BoardWayne MooreEast Bay Municipal Utility DistrictAthens Administratorsmachinist maintenance workermachinistmachinist maintenancepermanent disabilityapportionmentQualified Medical Evaluator
References
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