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

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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1039908 (RDG 0121430)
Regular
Nov 07, 2008

AYON vs. CLIFF'S AUTO CENTER, Uninsured, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant is entitled to a Job Displacement Voucher. The applicant sustained an industrial injury causing permanent disability and did not return to work for the defendant within 60 days of temporary disability termination. Therefore, the applicant is eligible for a nontransferable voucher of up to $6,000 for educational retraining or skill enhancement, as defined by Labor Code § 4658.5.

Job Displacement VoucherUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilitySupplemental Job Displacement BenefitLabor Code § 4658.5Nontransferable VoucherEducation-Related RetrainingSkill EnhancementVocational Return to Work Counselor
References
Case No. ADJ2618825 (SAC 0304473)
Regular
Nov 24, 2010

WILLIAM ROSS vs. GOLDEN STATE EQUIPMENT REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding a prior order that denied vocational rehabilitation benefits and a supplemental job displacement benefit. The WCAB found the applicant may have been denied due process by the Administrative Law Judge (ALJ) who issued the prior order without allowing the applicant to present evidence. While the WCAB agreed the applicant is not entitled to supplemental job displacement benefits due to the injury date, the matter is returned for further proceedings on vocational rehabilitation to determine if any vested rights exist. The WCAB also noted the ALJ erred in relieving counsel without the applicant's input.

Vocational rehabilitation benefitsSupplemental job displacement benefitLabor Code section 139.5Labor Code section 4658.5Date of injuryRepeal of benefitsDue processStatus conferenceOrder relieving counselReconsideration
References
Case No. ADJ9932467
Regular
Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied an applicant's petition for reconsideration, affirming the WCJ's decision that "Return-To-Work" supplemental payments under Labor Code section 139.48 are not "compensation" as defined by Labor Code section 3207. Therefore, the applicant was not entitled to a second penalty under Labor Code section 5814 for the employer's delay in providing a Supplemental Job Displacement Benefit voucher, as that delay did not cause a delay in a compensable benefit. The Board found that the applicant's penalty claim for the voucher delay was already resolved and that imposing a second penalty for a non-compensable benefit delay would be unfair and against the principle of balancing justice.

Labor Code section 139.48Return-To-Work supplemental paymentscompensation definitionLabor Code section 3207Labor Code section 5814 penaltyLabor Code section 4658.7 voucherSupplemental Job Displacement Benefitcompromise and release agreementGage v. Workers' Comp. Appeals Bd.unreasonable delay
References
Case No. SRO 0141948
Regular
Aug 08, 2008

DANIEL J. KOFFLER vs. INDEPENDENT ORDER OF FORESTERS, THE TRAVELERS CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration to address a defendant's claim that the judge improperly awarded vocational rehabilitation benefits. The Board found that Labor Code Section 139.5, the basis for the awarded benefits, does not apply to injuries occurring after January 1, 2004, which was the applicant's injury date. Therefore, the Board amended the Compromise and Release to delete the provision for vocational rehabilitation benefits, as the applicant had also settled any claim to supplemental job displacement benefits.

Compromise and ReleaseVocational Rehabilitation BenefitsSupplemental Job Displacement BenefitsLabor Code Section 139.5Labor Code Section 4658.5Industrial InjuryPsyche InjuryMental StressNervous SystemDate of Injury
References
Case No. ADJ11298015
Regular
May 27, 2025

Elideth Balderrama Ramirez vs. Hotcakes No 6 Inc IHOP 817, Preferred Employers San Diego

Elideth Balderrama Ramirez sought reconsideration of a WCJ's finding that she was precluded from a second Return-to-Work Supplement Program (RTWSP) benefit, despite receiving a second Supplemental Job Displacement Benefit (SJDB) voucher. The applicant contended that her second voucher was 'subsequent' to her first RTWSP payment, fulfilling an exception in Rule 17302(b). The Appeals Board clarified that the exception refers to the date of injury being subsequent, not the voucher issuance date. As the record lacked a finding on the cumulative trauma date of injury, the Board rescinded the previous order and returned the case to the trial level for this determination.

Return-to-Work Supplement ProgramSupplemental Job Displacement BenefitSJDB vouchercumulative trauma injuryspecific injurydate of injuryLabor Code section 139.48Rule 17302Rule 17309Administrative Procedures Act
References
Case No. ADJ1 0544723
Regular
Feb 21, 2017

CARLOS BARRAZA AYON vs. GILL RANCH COMPANY, INC.; ATHENS ADMINISTRATORS

The applicant sought reconsideration of a Notice of Benefit Ineligibility regarding a Return to Work Supplement, which was denied due to untimely application. The applicant argued inadequate notice of their right to a supplemental job displacement voucher (SJDV). The Appeals Board dismissed the petition as premature, finding the Director's decision was not yet subject to review at the trial level. The matter was returned to the trial level to first determine the applicant's entitlement to an SJDV, as their underlying case settlement did not address this issue.

Workers' Compensation Appeals BoardReturn to Work Supplement ProgramSupplemental Job Displacement VoucherNotice of Benefit IneligibilityPetition for ReconsiderationPrematureTrial LevelAdjudicate EntitlementCompromise and ReleaseLabor Code Section 5900(a)
References
Case No. ADJ8584353 ADJ8661296
Regular
Sep 26, 2016

ROBERTO TAPIA vs. ANHEUSER-BUSCH BEACH CITIES, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Roberto Tapia's petition for reconsideration of a workers' compensation award, which was denied. The Board upheld the finding that Tapia sustained work-related injuries and affirmed the temporary and permanent disability indemnity awarded. Tapia's arguments regarding an increased permanent disability rate and entitlement to a job displacement voucher were rejected due to a prior stipulation and failure to follow proper procedure, respectively. Other claims were deemed outside the scope of a reconsideration petition.

Workers' Compensation Appeals BoardAnheuser-BuschACE American Insurance CompanySedgwick RiversideRoberto TapiaFindings and AwardTemporary Disability IndemnityPermanent Disability IndemnitySubsequent Job Displacement BenefitPetition for Reconsideration
References
Case No. SJO 0264010
Regular
Feb 11, 2008

CIPRIANO LOMOTAN vs. GE INFRASTUCTURE SECURITY, MATRIX ABSENCE MANAGEMENT SERVICES

In *Lomotan v. GE Infrastructure Security*, the Appeals Board vacated a judge's notice of intention to impose sanctions and a related job analysis order. This decision followed a Commissioner's Conference where the parties reached a compromise and release resolving all issues, including vocational rehabilitation benefits. The Board found no basis for sanctions and determined the job analysis issue was moot due to the settlement.

RemovalAppeals BoardSupplemental OrderSanctionsWCJCommissioner's ConferenceCompromise and ReleaseVocational RehabilitationSupplemental Job Displacement BenefitsJob Analysis
References
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