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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ8410804
Regular
Jan 10, 2017

RAMIRO GONZALEZ vs. Mc CALL'S NURSERIES, INC., HORTICA INSURANCE & EMPLOYEES BENEFITS

This case involves an applicant seeking workers' compensation after an industrial injury, who also filed a third-party civil suit. Initially, the parties stipulated there was no employer negligence, but the applicant later sought to withdraw this stipulation after discovering new evidence relevant to employer fault. The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding that the Administrative Law Judge acted within their authority to allow the issues of employer negligence and third-party credit to be added for trial, as these are intertwined and the defendant failed to show substantial prejudice from this procedural step. Removal is an extraordinary remedy, and the Board concluded that reconsideration would be an adequate remedy if the defendant ultimately prevails on these issues.

Petition for RemovalThird Party CreditEmployer NegligenceLabor Code Section 5313Labor Code Section 5702Good CauseStipulationPre-trial Conference StatementMandatory Settlement ConferenceThird Party Civil Suit
References
Case No. ADJ8211594
Regular
Jan 17, 2014

ERROL GRIFFIN vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involves a dispute over the applicant's average weekly wage (AWW) for temporary disability benefits. Initially, the parties stipulated to an AWW of $1,676.04, but the defendant sought reconsideration based on mutual mistake, claiming the correct AWW was $859.16. Subsequently, both parties filed an amended stipulation agreeing to an AWW of $800.07. The Appeals Board granted reconsideration to defer the issue of temporary disability indemnity and returned the matter to the WCJ to consider the amended stipulation and determine the correct benefits.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityStipulated FactsMutual MistakeAverage Weekly WageAmended StipulationWorkers' Compensation Appeals BoardWCJMutual Mistake
References
Case No. ADJ2241828
Regular
Dec 05, 2008

LISA MANZO vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as it was not a final order but granted removal to rescind the WCJ's disapproval of the Stipulations. The Board found the Stipulations might be adequate despite the WCJ's concerns and ordered the matter returned to the trial level with missing documents to be filed. The employer must provide Dr. Knight's December 2006 report, its investigator's report, and the proposed Stipulations for a new decision on their adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulations with Request for AwardWCJ disapprovalinadequate Stipulationsunsigned Stipulationsindustrial injuryright wristright elbow
References
Case No. MON 0290566
Regular
Aug 12, 2008

MARTHA MANRIQUEZ vs. DEPARTMENT OF WATER AND POWER/DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the administrative law judge's findings that the defendant unreasonably delayed paying a stipulated award, thus incurring penalties and attorney's fees. The Board affirmed the judge's decision to limit the defendant's credit for a third-party settlement to prospective benefits due to the defendant's inaction in pursuing its credit rights after the stipulated award. Furthermore, the Board ruled that the defendant could not apply its third-party credit against the penalties and attorney's fees awarded.

Workers' Compensation Appeals BoardMartha ManriquezDepartment of Water and PowerLabor Code sections 4650(b)58145814.5Supplemental Findings and AwardPetition for Reconsiderationcumulative traumathird-party settlement
References
Case No. ADJ4311451
Regular
Jun 26, 2015

RANDELL HAWLEY vs. T.V.I SAVERS, INC., ZURICH INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award, seeking further study of factual and legal issues. The applicant contested the calculated permanent disability rate and sought a 15% increase under Labor Code section 4658(d)(2) due to the employer's failure to offer suitable work. The WCAB found the original award regarding permanent disability indemnity and attorney's fees lacked substantial evidence due to discrepancies in stipulated rates and unclear application of the 15% increase provision. The case is returned to the WCJ for further development of the record on these specific issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardPermanent Disability IndemnityStipulated RateLabor Code Section 4658(d)(2)Supplemental Job Displacement BenefitIndustrial InjuryNeck InjuryRight Shoulder Injury
References
Case No. ADJ3785318 (LBO 0365737)
Regular
Apr 01, 2020

ANDRES MARIN vs. SANTEE DAIRIES, INC., SENTRY INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Andres Marin's Petition for Removal. The WCAB rescinded an order by the WCJ which stated future medical treatment would be handled by Liberty Mutual with a right to contribution. This order was inconsistent with the Stipulations with Request for Award, which only named Santee Dairies/Sentry Insurance Group as a party and did not involve Liberty Mutual. The WCAB found that the erroneous order created prejudice by assigning future medical treatment responsibility to a non-party carrier.

Petition for RemovalWalk Through Appearance SheetStipulations with Request for Awardfuture medical treatmentLiberty MutualSentry Insurance GroupOrder on Walk Through Appearance Sheetinconsistency with stipulationscarrier not party to agreementRESCINDED
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
Case No. ADJ6638827
Regular
Mar 19, 2012

AURORA RIOS vs. LEVLAND LLC, LIBERTY MUTUAL INSURANCE COMPANY

The defendant seeks reconsideration of a Minute Order approving a stipulation resolving issues including temporary disability and attorney fees. The defendant claims the order is unclear and that they and the applicant had different understandings regarding the duration of temporary disability payments. However, the defendant failed to provide a specific offer of proof for newly discovered evidence as required by regulations. The Board denied reconsideration, holding that the defendant is bound by the signed stipulation, which was properly entered into and lacks good cause for withdrawal.

WCABPetition for ReconsiderationMinute OrderTemporary DisabilityStipulationAOE/COEMedical Provider NetworkMPNAMELabor Code Section 4656(c)(2)
References
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