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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ14154023
Regular
Sep 26, 2022

COREY CASTILLO vs. CENTINELA STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding a hernia injury sustained by a correctional officer to be compensable. While the specific statutory presumption for certain public safety officers did not apply, the Board affirmed the judge's finding that the applicant met their burden of proof. This was based on the substantial medical evidence from Dr. Woolf, who opined the hernia was caused by the applicant's heavy lifting and aggravated by a specific work incident. The claim was also found to be timely filed within the statute of limitations.

Workers' Compensation Appeals BoardCorey CastilloCentinela State PrisonCalifornia Department of Corrections and RehabilitationState Compensation Insurance FundPetition for ReconsiderationWCJ Reportsubstantial medical evidencePlace v. Workmen's Comp. Appeals Bd.industrial injury
References
Case No. ADJ2468227 (RIV 0049790)
Regular
Jul 09, 2012

LESLIE GRAHAM vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS AND REHABILITATION, CALIFORNIA INSTITUTION FOR MEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an Arbitrator's Findings and Award in the case of Leslie Graham versus the State of California, Dept. of Corrections and Rehabilitation. Both the applicant and defendant sought reconsideration. The WCAB granted this to allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the WCAB Commissioners' office.

Workers' Compensation Appeals BoardLeslie GrahamDepartment of Corrections and RehabilitationCalifornia Institution for Menlegally uninsuredState Compensation Insurance FundADJ2468227RIV 0049790Petition for ReconsiderationArbitrator's Findings and Award
References
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. ADJ6921831, ADJ9093989
Regular
May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This order denies Kischa Loving's petition for reconsideration in two workers' compensation cases against the California Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board adopted the reasoning of the administrative law judge's report. No new evidence or arguments were presented to warrant overturning the original decision. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCalifornia Department of Corrections and RehabilitationVentura Youth Correctional FacilityState Compensation Insurance Fundadministrative law judgedenial of reconsiderationADJ6921831ADJ9093989
References
Case No. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
Case No. ADJ3039714 (FRE 0239241) ADJ1044315 (FRE 0239200) ADJ9120831 ADJ7481555 ADJ10477856 ADJ8624630
Regular
Sep 06, 2018

EVERARDO MORENO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Removal filed by the applicant, Everardo Moreno, against the California Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB stated that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur if it's not, and reconsideration will not be an adequate remedy. In this instance, the WCAB found that the applicant failed to demonstrate such prejudice or harm, and thus, removal was not warranted.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSanctionState Compensation Insurance FundCalifornia Department of Corrections and RehabilitationAppeals Board
References
Case No. ADJ11604315
Regular
Mar 20, 2023

JOSEPH HERNANDEZ vs. PLEASANT VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILATION, STATE COMPENSATION INSURANCE FUND

This case concerns Joseph Hernandez's workers' compensation claim for heart trouble against Pleasant Valley State Prison. The applicant's claim was initially denied but subsequently granted after reconsideration. The defendant's Petition for Reconsideration was denied by the Appeals Board. The core issue revolved around the timing of the applicant's hypertension diagnosis, with the defense relying on a non-existent medical record to establish it as pre-existing. The Board found the defendant failed to rebut the statutory heart trouble presumption for correctional officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedADJ11604315Pleasant Valley State PrisonCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundJoseph HernandezCorrections Officer
References
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