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

Case No. LAO 0850232, LAO 0850233, LAO 0850234
Regular
Mar 14, 2008

HAI QING HUANG vs. CHUNG KING RESTAURANT, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (Appeals Board) denied Hai Qing Huang's petition for reconsideration, adopting the WCJ's report as the basis for the denial. The Board noted a minor clerical error where the WCJ's report incorrectly referenced the "Division of Workers' Compensation" instead of the "Workers' Compensation Appeals Board" in its headings, and ordered this correction to be made. The denial of reconsideration stands based on the existing record.

Workers' Compensation Appeals BoardDenial of ReconsiderationWCJ ReportJudicial AuthorityOriginal JurisdictionDelegated PowersInitial DeterminationsReconsideration PetitionDivision of Workers' CompensationStatutory Authority
References
Case No. SAC 261644
Regular
Sep 18, 2007

ALAN SHANNON vs. CHIEF AUTO PARTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE, INTERCARE INSURANCE SERVICES

This case involves a clerical error in the Workers' Compensation Appeals Board's August 27, 2007 Order, which incorrectly identified the party who petitioned for reconsideration. The Board rescinds that incorrect order and substitutes a corrected one. The corrected order clarifies that the applicant's Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardClerical ErrorPetition for ReconsiderationOpinion and OrderTemporary Disability IndemnityFindings of Fact and AwardAdministrative Law JudgeGranting ReconsiderationDenying PetitionRescinded
References
Case No. ADJ12184084
Regular
Nov 05, 2019

CHARLES BRASIER vs. THIARA BROTHERS FARMING, ZENITH INSURANCE COMPANY

The Appeals Board dismissed the Applicant's Petition for Reconsideration because the WCJ's prior order changing venue was interlocutory, not a final decision. However, the Board granted the petition as a request for removal. Ultimately, the Board rescinded and substituted the original venue order, officially granting the change of venue to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory Procedural DecisionVenueDismissed
References
Case No. ADJ7284005, ADJ7912473
Regular
Apr 06, 2017

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, IMPERIUM INSURANCE COMPANY

This case involves a clerical error in a March 17, 2017 Workers' Compensation Appeals Board decision. The Board inadvertently swapped defendants between two consolidated cases (ADJ7912473 and ADJ7284005) and used an incorrect case number. The Board rescinded the prior decision and substituted a corrected version to accurately reflect the assigned defendants and case numbers. The corrected decision details the specific injuries, defendants, and awards for each applicant.

Workers' Compensation Appeals BoardClerical ErrorRescindedSubstitutedJoint Findings Award and OrdersIndustrial InjuryRight ShoulderBrainLeft KneeLumbar Spine
References
Case No. ADA
Regular
Jul 18, 2011

DANIEL CUEVAS vs. OLTMAN'S CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION INSURANCE COMPANY, in Liquidation, CAMBRIDGE INTEGRATED SERVICES GROUP, INC. (Servicing Facility)

This case involves a petition for reconsideration filed by defendant CIGA regarding an award of psychiatric treatment for an industrial ankle injury. The applicant, Daniel Cuevas, passed away from cancer, rendering the issue of his entitlement to further medical treatment moot. Consequently, the Workers' Compensation Appeals Board granted CIGA's petition and rescinded the original award. The Board substituted a new finding stating that the applicant's death mooted the treatment issue.

CIGAliquidationreconsiderationmootpsychiatric treatmentcortisone injectionindustrial ankle injurymedical treatment awardrescindsubstituted
References
Case No. ADJ1689923 (VNO 0557743)
Regular
May 21, 2013

, SEATRIZ VALDIVIA vs. , LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves multiple claims by Beatriz Valdivia against the Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. While affirming the overall decision, the WCAB rescinded the approved attorney's fees provision. The WCAB substituted a new provision stating that the $13,500 in attorney fees would be held in trust by the defendant pending a written agreement or court order for their division.

Workers' Compensation Appeals BoardBeatriz ValdiviaLos Angeles Unified School DistrictReconsiderationCompromise & ReleaseAttorney's FeesRescindedSubstitutedCourt OrderTrust
References
Case No. ADJ10521677 ADJ10945059
Regular
Dec 20, 2019

JOSE LUIS DURAN vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration for Jose Luis Duran's cases to correct clerical errors and inconsistencies in prior decisions. The Board rescinded and substituted the prior findings and awards, clarifying the permanent disability percentages and the grounds for apportionment. Specifically, Case ADJ10521677 now reflects 14% permanent disability, and Case ADJ10945059 clarifies no legal grounds for apportionment regarding heart/hypertension. The revised decisions ensure accurate payment of indemnity and attorney fees.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for ReconsiderationGrantRescindSubstituteClerical ErrorsFindings of FactAwardOrder
References
Case No. ADJ8597275
Regular
Nov 24, 2014

LAKESHA GULLEY vs. PEOPLE'S CARE, INC., COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves an applicant who sustained a left knee injury during their employment. The original award found the applicant entitled to temporary disability benefits and ordered credit for EDD payments and payments made by the defendant. The defendant sought reconsideration, arguing the award failed to credit their temporary disability payments. The Appeals Board granted reconsideration, rescinded the original award, and substituted new findings affirming the injury and temporary disability rate. The matter was returned to the trial level for further proceedings on all other deferred issues.

WCABPetition for ReconsiderationFindings Award and Orderindustrial injuryleft kneeinstructor/coachtemporary disabilityEmployment Development Department (EDD)credit for paymentsReport and Recommendation
References
Case No. ADJ8935865
Regular
Aug 21, 2014

JOSE ROBLES vs. HORIZON PERSONNEL SERVICES, COMPANION PROPERTY & CASUALTY, administered by CARL WARREN & CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) decision that denied applicant Jose Robles' claim for a wrist injury. The WCAB found that the WCJ erred by giving undue weight to the uncorroborated testimony of a supervisor who did not witness the incident and whose employer lacked personal knowledge of the incident details. Consequently, the WCAB rescinded the WCJ's findings and substituted its own, finding that Robles sustained an industrial injury to his right wrist and hand. One commissioner dissented, asserting the WCJ's credibility determination was based on substantial evidence.

AOE/COEIn pro perPetition for ReconsiderationFindings and OrderWCJApplicant's testimonyHearsay testimonyVideotape evidencePersonal knowledgeReasonable probability
References
Case No. ADJ19073561
Regular
Mar 17, 2025

JAZMIN LUCERO vs. LIVING SPACES FURNITURE, LLC; ZENITH INSURANCE COMPANY

Applicant Jazmin Lucero sustained an industrial injury while working as a truck driver for Living Spaces Furniture, LLC. Defendant Zenith Insurance Company denied the claim, citing the initial aggressor defense under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and substituted it with new findings. The Board ultimately determined that the applicant's claim was not barred by the initial aggressor defense and that she sustained an injury arising out of and in the course of employment (AOE/COE) to her cervical and lumbar spine.

initial aggressor defenseLabor Code § 3600(a)(7)arising out of and in the course of employmentAOE/COEPetition for ReconsiderationReport and RecommendationFindings and Awardrescindedsubstitutedcervical spine
References
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