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Case Law Database

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

Case No. ADJ7509842
Regular
Jul 01, 2014

Latrisha Majors vs. Palmdale School District, York Insurance Services Group

The Appeals Board granted reconsideration and amended the original award to include an injury to the applicant's head, in addition to her back. However, they affirmed the finding of $0\%$ permanent disability and no need for further medical treatment. This decision relied on the applicant's primary treating physician's opinion, deeming it more persuasive and giving significant weight to the WCJ's credibility finding of the applicant. The amendment to include the head injury was based on the WCJ's report acknowledging a concussion, even if subjective complaints of headaches were not found credible.

Latrisha MajorsPalmdale School DistrictYork Insurance ServicesPetition for ReconsiderationFindings and Awardspecial education substituteindustrial injuryback injurypermanent disabilitymedical treatment
References
Case No. SJO 0237342
Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration, upholding the WCJ's original decision. The WCAB clarified its judicial authority and the role of WCJs in delegating those powers. Specifically, the Board ordered a correction to the heading of the WCJ's report to accurately reflect the "Workers' Compensation Appeals Board" as the decision-making body.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge
References
Case No. MON 0316510
Regular
Jul 18, 2008

MIGUEL LOPEZ vs. MV TRANSPORTATION, AMERICAN HOME ASSURANCE, BROADSPIRE CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration of an amended award finding applicant incurred industrial injury causing 78% permanent disability. The Board found the applicant's neurologist's report regarding post-traumatic head syndrome lacked substantial evidence due to contradictions with applicant's testimony. Consequently, the case is returned to the trial level to further address permanent disability and apportionment issues.

WCABMV TransportationAmerican Home AssuranceBroadsire Claim ServicesMIGUEL LOPEZBus DriverIndustrial InjuryNeck InjuryBack InjuryRight Shoulder Injury
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ3007686 (POM 0276960)
Regular
Jul 11, 2016

VICTOR GUEVARA vs. LONGO TOYOTA/PENSKE CORPORATION, ACE AMERICAN c/o SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to clarify a prior award. The Board rescinded the original award and substituted new Findings and Award. While confirming an injury to the back, neck, knees, right leg, and head, the Board deferred issues of temporary and permanent disability pending further record development. The Board also admonished the defendant's attorney for procedural filing errors.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJHead InjuryVertigoTinnitusNeuroTemporary DisabilityPermanent Disability
References
Case No. ADJ469779 (RIV 0067408)
Regular
Apr 13, 2009

REGINALD LESLIE, JR. vs. SUN BOSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended the original award to include injury to the applicant's low back and bilateral wrists, correcting a clerical error based on prior stipulations. The Board affirmed the original temporary disability award, finding the applicant's medical evidence for continuing disability lacked substantial evidence. New evidence from Dr. Kessler was deemed insufficient to warrant a change in the original decision. Therefore, the original award was affirmed with the corrected finding of injury to the low back and wrists.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryBilateral ShouldersNeckHeadClosed Head InjuryJaw and TeethLumbar Spine
References
Case No. ADJ14951750 (MF); ADJ15106978
Regular
Jul 07, 2025

JORGE ARMANDO GARAY SANCHEZ vs. BLAKE MCCLURE

Applicant Jorge Armando Garay Sanchez sought reconsideration of a Finding of Fact and Order (F&O) issued by a WCJ, which concluded he failed to prove industrial injuries on two separate dates. The Appeals Board granted the petition, finding that the defendant, Blake McClure, had admitted applicant's employment and failed to rebut the employment presumption. The Board rescinded the original F&O and substituted a new one, affirming that applicant claimed industrial injuries to his left knee, ankle, and foot on July 15, 2021, and to his head and neck on February 3, 2020, further noting the defendant was uninsured. The case has been returned to the WCJ for further proceedings consistent with this decision.

Petition for ReconsiderationFinding of Fact and OrderWorkers' Compensation Appeals BoardWCJIndustrial InjuryLeft KneeLeft AnkleLeft FootHead and NeckUninsured Employer
References
Case No. ADJ10419700 (MF) ADJ10543011
Regular
May 09, 2019

CHERIE BATES vs. PRIDE INDUSTRIES, UNITED STATES FIRE INS. CO., BROADSPIRE

This case involves an applicant's claim for a head injury allegedly sustained at work after losing balance and hitting her head. While her testimony and initial claim documentation suggest a work-related incident occurred, the Workers' Compensation Appeals Board (WCAB) found insufficient medical evidence to confirm the injury's industrial nature due to the applicant's history of seizures and conflicting medical reports. Consequently, the WCAB rescinded the previous award and returned the case to the trial level for further development of expert medical opinion on the industrial causation of the head injury. The applicant's knee injury claim from a separate date was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryHead InjuryCredibilityFraudMedical EvidenceLay TestimonyExpert Medical OpinionOccult Injury
References
Case No. ADJ4205101
Regular
Jul 23, 2013

SUSAN HECHT vs. WARNER BROTHERS, INC.

This case involved an applicant claiming an industrial injury to her psyche, digestive system, and head, stemming from a change in overtime policy. The defendant argued the psychological injury was non-compensable under Labor Code sections 3208.3(b)(2) and 3208.3(h), as it arose from a good faith personnel action. However, the Board affirmed the WCJ's award, adopting the WCJ's report which found the injury compensable despite the personnel action. The Board also ordered the matter returned to the WCJ to determine the reasonable value of medical treatment provided by lien claimants.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsycheDigestive SystemHeadSleep DisorderTemporary DisabilityEmployment Development DepartmentLien Claimants
References
Case No. ADJ6611484
Regular
Jan 14, 2014

JERRY SAULSBERRY vs. NATOMAS UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involved applicant Jerry Saulsberry's claim against Natomas Unified School District. The Board granted reconsideration of a prior decision that found industrial injury to the applicant's right eye, head, and spines, but denied home health care. Applicant contended the denial of home health care lacked substantial evidence and misapplied the law. Adopting the WCJ's recommendation, the Board deferred the issue of home health care for further proceedings. The original findings of fact regarding the industrial injury are affirmed, but the matter is returned to the trial level solely for a decision on home health care.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial injuryright eyeheadcervical spinelumbar spineright upper extremityleft upper extremity
References
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