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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. GRO 0027359 GRO 0031626
Regular
May 14, 2008

TERESA FOSTER-KENNEDY vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION, ARROWOOD INDEMNITY COMPANY, DYNAMIC CLAIM SERVICE

The Appeals Board granted reconsideration, affirming only the initial penalty and attorney's fee for the unreasonable delay in authorizing follow-up care with Dr. Billy. However, the Board reversed all other penalties and attorney's fees related to the payment of prior attorney's fees, finding those issues either rescinded, not properly presented, or mooted by settlement agreements. The employer is now liable for the initial penalty and associated attorney's fee regarding Dr. Billy, but not for any subsequent penalties or fees concerning attorney fee disputes.

Labor Code section 5814Labor Code section 5814.5unreasonable delayfollow-up careattorney's feespenalty petitionreconsiderationawardFindings of FactReport and Recommendation
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ4522362
Regular
Sep 26, 2008

CELESTE LILJEBLAD-THOMAS vs. BARONE'S RESTAURANT, STATE COMPENSATION INSURANCE FUND

The WCAB reversed the Supplemental Findings and Award granting reconsideration to the defendant, State Compensation Insurance Fund. The WCJ lacked jurisdiction to award temporary disability more than five years after the injury date.

WORKERS' COMPENSATION APPEALS BOARDCeleste Liljeblad-ThomasBarone's RestaurantState Compensation Insurance FundSupplemental Findings and Awardtemporary disability indemnityactual earnings25% penaltiesfurther medical treatmentreimbursement for mileage
References
Case No. ADJ8558358
Regular
Sep 22, 2025

JOSE MEJIA vs. JB CRITCHLEY, INC., AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to clarify that the defendant's prior appeals regarding the applicant's stipulated average weekly wage and permanent disability rate were exhausted and that the award was final as of October 2, 2024. The Board affirmed the imposition of penalties under Labor Code section 5814 and attorney fees under section 5814.5 due to the defendant's unreasonable delay in paying the final award. The defendant's arguments regarding seasonal employment and extrinsic mistake were rejected as the stipulated wages and findings were final and not adequately supported for setting aside. The original Findings and Award were rescinded and substituted to reflect the finality of the prior decision and the confirmed penalties and fees.

Labor Code section 5904Petition for ReconsiderationFindings and Awardsemi-truck drivercervical spinethoracic spinelumbar spinehearing losspsychehypertension
References
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2839869 (EUR 0036695)
Regular
Mar 03, 2009

Darlene Counts vs. Sam Kennedy, D.D.S., Zenith Insurance Company

The Workers' Compensation Appeals Board denied Zenith Insurance Company's petition for reconsideration. Zenith argued the WCJ exceeded jurisdiction by awarding benefits beyond the five-year limit without a petition to reopen and challenged medical treatment awards. The Board affirmed the WCJ's decision, finding the original stipulations focused only on medical treatment and did not preclude later determinations on other issues within the statutory timeframe. The WCJ correctly found applicant sustained an industrial injury and ordered appropriate medical treatment, including chronic pain specialist care.

WCABDarlene CountsSam Kennedy DDSZenith Insurance CompanyADJ2839869Supplemental Findings and Awardindustrial injuryright shoulderpsycheleft shoulder
References
Case No. ADJ10954606
Regular
Mar 09, 2020

DORIT DAVIDOFF vs. UCLA MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify findings of fact regarding industrial injury AOE/COE. The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of permanent disability benefits was properly supported. The Board clarified that stipulations agreed upon by the parties should be treated as findings of fact to meet statutory requirements. The decision confirms permanent disability for the left ankle, thoracic spine, and lumbar spine, denies claims for neck and knee injuries, and orders further medical treatment and attorney fees.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineThoracic SpineLeft AnkleAOE/COEStipulationJurisdictional FactsFindings of Fact
References
Case No. ADJ10681344
Regular
Feb 14, 2020

LARRY URRUTIA vs. COUNTY OF LOS ANGELES, YORK RISK SERVICES, INC.

This case involves a dispute over Labor Code section 4850 benefits for a deputy sheriff injured in 2016. The defendant employer initially paid some benefits but later sought reconsideration of a finding awarding penalties for unreasonable delay and attorney's fees. The Appeals Board rescinded the original award due to an insufficient record regarding the precise amount and timing of benefits paid. The matter was returned to the trial level to develop the record on these issues and to consider potential sanctions against the defendant.

Labor Code Section 4850Findings and AwardPetition for ReconsiderationLabor Code Section 5814Labor Code Section 5814.5Stipulation and AwardPetition for PenaltiesSanctions and Attorney's FeesTemporary Disability BenefitsSalary Continuation
References
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