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

Case No. ADJ14466153
Regular
Oct 21, 2025

JESSE CRUZ vs. BRISTOL INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant Jesse Cruz sought reconsideration of a WCJ's June 3, 2022 Findings and Order (F&O), which found he did not sustain an industrial injury to his back, hips, legs, and feet while employed by Bristol Industries on June 17, 2020. The Appeals Board previously granted reconsideration to further study the case and found the applicant's petition for reconsideration was timely filed. Citing insufficient medical evidence on the issue of injury and a lack of clear analysis in the WCJ's credibility determination, the Board rescinded the F&O and remanded the matter to the trial level for further proceedings, including obtaining expert medical opinion on the injury and a more detailed credibility analysis by the WCJ.

AOE/COEPetition for ReconsiderationAdjudication NumberFindings and OrderWCJReconsiderationFurther ProceedingsBack PainPeripheral NeuropathyLumbar MRI
References
Case No. ADJ2453188 (LBO 0391424)
Regular
Jul 20, 2009

WILLIAM GILBERT vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical evidence insufficient. The applicant sought a higher permanent disability rating than the $12\%$ awarded, arguing the judge erred in calculating impairment and omitting pain and grip strength adjustments recommended by the Agreed Medical Evaluator. The Board returned the case to the trial level for further development of the medical record, requiring the evaluator to fully explain their findings on impairment, pain, and grip strength, and to consider *Almaraz* principles regarding equitable permanent disability awards.

Workers' Compensation Appeals BoardCumulative InjuryPermanent DisabilityLeft Median Sensory NeuropathyLeft Ulnar Motor NeuropathyAgreed Medical EvaluatorOrthopedistAMA GuidesImpairment RatingGrip Strength
References
Case No. SAC 358620, SAC 360470; SAC 342405
Regular
Aug 03, 2007

MICHAEL LEACH vs. GRASS VALLEY ELECTRIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the applicant's contention that the WCJ erred in limiting temporary total disability (TTD) indemnity payments and in finding that prior injuries did not contribute to his current TTD. The Board found that the medical evidence was not sufficiently developed to determine causation between the 2002 injuries and the applicant's current disability and need for surgery. Therefore, the case was returned to the trial level for further proceedings to develop the record and obtain a new decision.

Workers' Compensation Appeals BoardMichael LeachGrass Valley ElectricState Compensation Insurance FundReconsiderationFindings and OrderTemporary Disability IndemnityTemporary Total DisabilityLabor Code section 4656Qualified Medical Examiner
References
Case No. ADJ2208887 (FRE 0219890)
Regular
May 05, 2015

VITO GIOTTA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an amended order finding the applicant sustained industrial psychiatric injury and other conditions, resulting in permanent total disability. The defendant argued the finding of permanent total disability was unsubstantiated and that a psychiatric AME's apportionment should have been applied. The Board adopted the workers' compensation judge's report and recommendation, denying reconsideration and upholding the original decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings of FactOrderIndustrial Psychiatric InjuryCognitive ImpairmentDistal Sensory NeuropathyDementiaHepatitis CStaph Infection
References
Case No. GRO 0031310
Regular
May 02, 2008

RONALD CHRISTENSEN vs. CALIFORNIA POLYTECHNIC SAN LUIS OBISPO; Permissibly Self-Insured c/o SEDGWICK CMS

This case concerns an applicant injured before January 1, 2005, who sought reconsideration of a finding of no permanent disability. The Appeals Board denied reconsideration, holding that the 2005 permanent disability rating schedule applies unless specific exceptions under Labor Code section 4660(d) are met. Since no pre-2005 report indicated permanent disability, the WCJ correctly applied the 2005 schedule.

Permanent disability rating scheduleLabor Code section 4660AD Rule 9805prospective applicationexceptionsAldi v. CarrMcClellanIngersollThompson & HornCostco Wholesale Corp. v. Workers' Comp. Appeals Bd. (Chavez)
References
Case No. ADJ2778117 (RIV 0032584)
Regular
Dec 31, 2009

KEYIN MORALES vs. RALPHS GROCERY CO., SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted the petition for reconsideration and amended the Findings and Award to find 18 1/2 percent permanent disability, after apportionment of 50 percent to applicant's non-industrial peripheral neuropathy.

ApportionmentPeripheral neuropathyCausationPermanent disabilityAgreed medical examinerWCJPetition for reconsiderationFindings and AwardWork restrictionsIndustrial injury
References
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
Case No. ADJ8878991
Regular
Jan 31, 2014

JAY SCHETTLER vs. ALLIED BEVERAGES, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's finding of injury. The applicant, a route salesman, claimed he stepped on glass, injuring his left foot, which was corroborated by medical records showing a cut and the applicant's delayed awareness due to diabetic neuropathy. Defense witness testimony also supported the applicant's claim of cutting his toe at work. The Board found the applicant's testimony credible and the medical evidence sufficient to establish the injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factterritory route salesmanmechanism of injurydiabetic neuropathycredibilitymedical recordsReport and Recommendationurgent care
References
Case No. ADJ15406376
Regular
Nov 03, 2025

Francisco Mendoza Olivares vs. Barrett Business Services, Inc.; Ace American Insurance Company

Applicant Francisco Mendoza Olivares sought reconsideration of a WCJ's Findings of Fact and Order dated July 25, 2025, which determined he did not sustain an injury arising out of and in the course of employment to multiple body parts. The applicant argued the WCJ applied an incorrect legal standard for causation and requested further medical evaluations. The Workers' Compensation Appeals Board granted the petition for reconsideration, concluding that the record requires further development to ascertain if substantial evidence supports the WCJ's initial decision regarding the injury's causation and to clarify whether the claim involves a specific injury or a cumulative injury. A final decision on the merits of the reconsideration is deferred.

Chagas diseasecumulative injuryinsect bitecardiacneurologyophthalmologyENTgastritisneuropathychronic pain
References
Case No. ADJ17378619
Regular
Mar 24, 2025

NAOMI RIVERS vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CORPORATION

The applicant, Naomi Rivers, sought reconsideration of a Findings, Award, and Order (FA&O) from December 23, 2024, which found an injury to her left leg but no permanent disability based on a Qualified Medical Evaluator's (QME) report. The applicant contended that the QME, Dr. Anthony Fenison, failed to adequately account for her current medical condition and relied on outdated information by not reviewing updated medical records from Dr. James Rho. The Appeals Board granted the petition for reconsideration, rescinded the original FA&O, and substituted it with an order deferring permanent disability, apportionment, and attorney's fees pending further development of the record. This includes a reevaluation of the applicant by Dr. Fenison, incorporating all updated medical records.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)Substantial Medical EvidencePermanent DisabilityApportionmentFuture Medical TreatmentComplex Regional Pain Syndrome (CRPS)NeuropathyNerve Conduction Study (NCV/EMG)
References
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