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

Case No. ADJ10122624

Regular

Apr 08, 2020

BRIAN ANDREW vs. VISALIA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding Brian Andrew's industrial hernia injury. The WCAB amended the findings to defer the issue of temporary disability, allowing parties to clarify the defendant's liability and adjust potential Education Code benefits owed. They noted the WCJ's temporary disability award conflicted with stipulations and potentially violated the 104-week limit. The WCAB clarified its jurisdiction does not extend to awarding Education Code benefits, deferring that issue and clarifying the applicant's permanent disability award and attorney's fees.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardStadium GroundsmanIndustrial InjuryHerniaTemporary DisabilityPermanent DisabilityCompensating Time Off

References

Case No. ADJ9183463

Regular

Oct 09, 2014

RICHARD ANDERSON vs. PAR ELECTRIC, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant sought removal based on the denial of their request to set the case for trial. The ALJ recommended denial, finding the defendant's attorney misrepresented events at a prior hearing. The Board agreed, noting that the applicant's counsel had an emergency and that medical-legal evaluation was still pending on a denied claim.

Petition for RemovalWorkers' Compensation Appeals BoardPQME reportpost-termination defensegroundsmanhearing lossMandatory Settlement ConferencePriority Conferencemedical-legal evaluationcausation

References

Case No. ADJ9170309

Regular

Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)

References

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BRIAN ANDREW vs. VISALIA UNIFIED SCHOOL DISTRICT

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardStadium GroundsmanIndustrial InjuryHerniaTemporary DisabilityPermanent DisabilityCompensating Time Off

RICHARD ANDERSON vs. PAR ELECTRIC, GALLAGHER BASSETT SERVICES, INC.

Petition for RemovalWorkers' Compensation Appeals BoardPQME reportpost-termination defensegroundsmanhearing lossMandatory Settlement ConferencePriority Conferencemedical-legal evaluationcausation

Miguel Mosqueda vs. City of Clearlake