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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1950726 (MON 0361748), ADJ6963803, ADJ7198723
Regular
Mar 20, 2012

DANA BURREL vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In three workers' compensation cases, the applicant sustained industrial injuries to her upper extremities on May 21, 2006, March 11, 2008, and July 28, 2008. The Appeals Board granted reconsideration to review the application of Labor Code section 4658(d)(2), which mandates a 15% increase in permanent disability payments when an employer fails to offer suitable work within 60 days of an injury becoming permanent and stationary. The employer stipulated to providing some medical treatment and returning the applicant to work, but failed to offer regular, modified, or alternative work for 12 months post-injury. The Board found the employer's contention of denial unsubstantiated by evidence and, following *Bontempo v. Workers' Comp. Appeals Bd.*, ruled that the 15% increase applies to all three cases.

Labor Code section 4658(d)(2)permanent disability increaseindustrial injuryright upper extremityright handright wristright shoulderright armleft wristleft hand
References
Case No. ADJ19527341
Regular
May 05, 2025

MARIA RAMIREZ vs. ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA

Applicant Maria Ramirez sought reconsideration of a workers' compensation administrative law judge's order, which found no industrial injury. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings. The Board determined that the WCJ's credibility finding, based on the delayed worsening of symptoms, required expert medical opinion to ascertain consistency with the claimed injury mechanism, thus necessitating further development of the medical and factual record.

ADJ19527341Petition for ReconsiderationFindings and OrderIndustrial InjuryRight Arm InjuryRight Wrist InjuryRight Hip InjuryRight Leg InjuryRight Foot InjuryWCJ Credibility Determination
References
Case No. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
Case No. ADJ9210498
Regular
Apr 04, 2017

ELEANOR DEFRANCO vs. MONTEREY FISH COMPANY, ENSTAR (US) INC., dba ENSTAR ADMINISTRATORS FOR SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that found industrial injury to applicant's right ankle, right shoulder, and back, but not her right knee. The WCAB rescinded the finding of industrial injury to the back, while otherwise affirming the prior decision. Specifically, the WCAB affirmed the finding that the applicant sustained industrial injury to her right ankle and right shoulder, and that medical treatment for her right knee is compensable to relieve the effects of the industrial injuries. The WCAB adopted the WCJ's reasoning for these decisions, including the application of the *Braewood* principle for treating the non-industrial knee condition.

Workers' Compensation Appeals BoardEleanor DefrancoMonterey Fish CompanyEnstarSeabright Insurance CompanyIndustrial InjuryRight AnkleRight ShoulderRight KneeBack Injury
References
Case No. ADJ8015424 ADJ8102669
Regular
Jul 07, 2014

ESPERANZA SANCHEZ vs. MCDONALDS/MJD'S, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration filed by an applicant in a workers' compensation matter. The Workers' Compensation Appeals Board dismissed the petition because it was not taken from a "final" order that determined substantive rights or liabilities. Furthermore, the Board denied removal, finding no showing of substantial prejudice or irreparable harm. The applicant's petition for reconsideration was therefore dismissed, and removal was denied.

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightLiabilityInterlocutory DecisionsProcedural DecisionsEvidentiary DecisionsSubstantive QuestionPre-trial Orders
References
Case No. ADJ7158302
Regular
Jun 27, 2013

JUANA ZAVALA PEREZ vs. VIRGINIA SMITH, dba ZIP SORT SUPPORT, ACE AMERICAN INSURANCE, administered by ESIS

The Workers' Compensation Appeals Board dismissed Juana Zavala Perez's petition for reconsideration because it was not filed from a "final" order that determined substantive rights. The Board also denied the petition for removal, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm. The case involved an appeal against Virginia Smith, dba Zip Sort Support, and Ace American Insurance.

Petition for ReconsiderationRemovalFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionSubstantive QuestionPre-trial OrderEvidence
References
Case No. ADJ7441026
Regular
Dec 04, 2013

CLAUDIA TORRES vs. ALPAK LABOR, OLD REPUBLIC INSURANCE COMPANY, CANNON COCHRAN MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed Claudia Torres's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liability. The Board further denied Torres's request for removal, adopting the judge's reasoning that Torres failed to demonstrate substantial prejudice or irreparable harm. The decision reinforces that interlocutory procedural orders are not subject to reconsideration or removal. The petition is thus dismissed, and removal denied.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionNon-FinalSubstantive Question
References
Case No. ADJ6581535
Regular
Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker
References
Case No. ADJ3378722 (SBR 0326546) ADJ1273783 (SBR 0335209)
Regular
Mar 04, 2009

VICTOR YSLAS vs. CITY OF BARSTOW, Permissibly Self-Insured, CORVEL CORPORATION (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to the defendant, City of Barstow, regarding an interlocutory order. The Board found that although titled "interlocutory," the WCJ's December 30, 2008 order addressed substantive rights and liabilities, making it a final order subject to reconsideration. The Board rescinded the prior order because the WCJ failed to provide a summary of evidence and reasoning as required by Labor Code section 5313, and the medical treatment award was ambiguous. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationInterlocutory OrderFindings and OrderLabor Code Section 4656(c)(1)Temporary DisabilityMedical TreatmentIndustrial InjuryRight KneeWCJ
References
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