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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9136267
Regular
Aug 05, 2016

JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

Workers' Compensation Appeals BoardPetition for RemovalMandatory ArbitrationSuperior Court ActionPolicy CancellationDeclaratory ReliefConcurrent JurisdictionExclusive JurisdictionCoverage DisputeConstitutional Courts
References
Case No. ADJ9580180
Regular
Sep 15, 2015

SARAH SCOFIELD vs. SANTA CLARA COUNTY SUPERIOR COURT; Permissibly Self-Insured, Administered by AIMS

This order denies Sarah Scofield's petitions for reconsideration in her workers' compensation case against Santa Clara County Superior Court. The Workers' Compensation Appeals Board (WCAB) adopted the reasoning of the workers' compensation administrative law judge (WCJ) in its decision. Therefore, the petitions for reconsideration are denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWCJ reportdenialADJ9580180Santa Clara County Superior CourtPermissibly Self-InsuredAIMSSarah ScofieldSan Jose District Office
References
Case No. ADJ10329602
Regular
May 15, 2018

LAUREN JONES vs. COUNTY OF LOS ANGELES SUPERIOR COURT OF CALIFORNIA, TRISTAR RISK MANAGEMENT

This case involves a Petition for Reconsideration by the defendant, the County of Los Angeles Superior Court, concerning a workers' compensation award. The Workers' Compensation Appeals Board granted the petition, but affirmed the original award with an amendment. Specifically, Finding of Fact No. 3 was amended to establish temporary total disability from April 20, 2016, through August 3, 2017. The issue of temporary disability thereafter was deferred for further determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Total DisabilityDeferred IssueFindings and AwardWorkers' Compensation Administrative Law JudgeCounty of Los Angeles Superior CourtTristar Risk ManagementVan Nuys District OfficeDecision After Reconsideration
References
Case No. SRO 111817
Regular
Aug 18, 2008

Pedro Orantes vs. First Dodge Marin, Sonic Automotive

The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.

Workers' Compensation Appeals BoardLabor Code Section 132aPetition for RemovalArbitrationSuperior Court OrderJurisdictionStay of ProceedingsDiscrimination ClaimPermanent DisabilityReinstatement
References
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
Case No. ADJ11110973
Regular
May 23, 2025

Jorge Aragon vs. El Super, Safety National Casualty Corporation, Tristar Risk Management

The applicant, Jorge Aragon, sought reconsideration of a decision denying him a second payment from the Return-to-Work Supplement Program (RTWSP). The Workers' Compensation Administrative Law Judge (WCJ) initially found him ineligible based on Rule 17302(b), which prohibits a second RTWSP payment if the subsequent injury occurs before receiving the previous supplement. The Appeals Board affirmed the WCJ's decision, concluding that the applicant's remedy to challenge the validity of Rule 17302(b) lies with the Superior Court, not the Appeals Board, as the rule is governed by the Administrative Procedures Act. The Board also clarified its jurisdiction to review the WCJ's denial despite RTWSP's contention.

Return-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48invalid regulationarbitrary and capriciousArticle XIV section 4Administrative Procedures Act
References
Case No. ADJ8396609
Regular
Sep 20, 2013

KELLY SNOW vs. HEALTH NET, INC., SEDGWICK CMS

The Appeals Board granted the applicant's Petition for Removal, rescinding prior orders that compelled the release of her psychotherapist's records and quashed subpoenas. The applicant argued these records were privileged psychotherapist-patient communications, and the therapist was not a physician or psychologist, thus their records were not discoverable for QME review. The Board found that while the psychotherapist-patient privilege exists, it is subject to waiver when mental condition is placed in issue by the patient, but this waiver is limited to relevant records. The case was returned to the trial level to determine if Ms. Bradley's records are relevant to the disclosed psychiatric injury or unrelated.

Petition for RemovalPetition to Quash Subpoena Duces TecumPsychotherapist-patient privilegeQualified Medical EvaluatorLabor Code section 3209.3Administrative Director Rule 35Evidence Code section 1010Holder of the privilegeEvidence Code section 1013Evidence Code section 1014
References
Case No. ADJ9664450
Regular
Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury
References
Case No. ADJ7688511
Regular
Jul 18, 2012

VIRGINIA MARTINEZ vs. SUPERIOR COURT OF ORANGE, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing lien claimant's attorney fees. The Board found the lien claimant's fee claim excessive and unsubstantiated, particularly as the applicant negotiated a settlement herself after dismissing the lien claimant. Furthermore, any alleged fee agreement was invalid due to untimely submission and non-compliance with statutory requirements for WCAB approval. The Board adopted the WCJ's report and reasoning in its entirety.

Workers' Compensation Appeals BoardVirginia MartinezSuperior Court of OrangeCorvelADJ7688511Order Denying Reconsiderationlien claimantattorney's feescompromise and release agreementmedical reports
References
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