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

Case No. ADJ289201 (SAL 0090881)
Regular
Oct 06, 2017

TIMOTHY C. HOPCROFT vs. RAY'S AUTO PARTS, CIGA for CALIFORNIA COMPENSATION INSURANCE in liquidation, administered by TRISTAR

This case involves a defendant seeking reconsideration of an award for an applicant's lumbar spine, internal systems, psyche, and teeth injury. The defendant argued the administrative law judge erred by not granting a credit for overpaid temporary disability benefits against permanent disability. The Appeals Board granted reconsideration, finding discretion to allow such a credit under Labor Code section 4909. While upholding the original award, the Board amended it to allow a partial credit of $230 per week against permanent disability for temporary disability payments made after a specific date.

Workers' Compensation Appeals BoardIndustrial injuryLumbar spineInternal systemsPsycheTeethPermanent disabilityTemporary disabilityCredit for overpaymentPetition to terminate liability
References
Case No. ADJ9402316
Regular
Aug 02, 2019

OSCAR SANDOVAL vs. THE STRIP JOINT, INC., STATE COMPENSATION INSURANCE FUND

This case involves applicant Oscar Sandoval seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied his claim for injury to his head, jaw/teeth, psyche, and sleep disorder. The WCAB denied reconsideration, affirming the WCJ's finding that the medical reports submitted by applicant's physicians lacked substantial evidence. Specifically, the WCAB found that Dr. Schames' report was based on an inadequate medical history, Dr. Reichwald's report was internally inconsistent and lacked review of sufficient medical records, and Dr. Saeid's report did not sufficiently explain his diagnosis of insomnia.

AOE/COEPetition for ReconsiderationFindings and AwardWCJmedical-legal reportssubstantial evidenceorthopedicpsychologicalinternal medicinecervical spine
References
Case No. ADJ7088465
Regular
Jan 27, 2017

RAUL GARCIA vs. CHULA VISTA ELEMENTARY SCHOOL

This case involves cross-petitions for reconsideration of an administrative law judge's (WCJ) decision regarding a custodian's industrial injury. The WCJ initially found a 31% permanent disability rating but issued contradictory findings on the employer's credit for indemnity advances. The Appeals Board granted reconsideration, increasing the permanent disability rating to 48% and correcting the contradictory findings to allow the employer credit for advances. The Board otherwise affirmed the WCJ's decision, concluding the employer should receive credit for prior payments to avoid double recovery and encourage prompt benefit disbursement.

WCABADJ7088465Chula Vista Elementary Schoolcustodianindustrial injuryleft eyefaceneckthoracic spineteeth
References
Case No. ADJ6592136
Regular
Nov 02, 2015

MARIA VEGA vs. BURBANK UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

This case concerns Maria Vega's workers' compensation claim against Burbank Unified School District for injuries sustained as a janitor. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding its prior decision due to a typographical error identified by the defendant. The WCAB's corrected order now defers findings on permanent disability related to headaches and psyche, as well as temporary disability and future medical treatment. Further proceedings are required to resolve these deferred issues.

Workers' Compensation Appeals BoardBurbank Unified School DistrictKeenan & AssociatesPetition for ReconsiderationOpinion and OrderFindings and AwardWorkers' Compensation Administrative Law Judgeindustrial causationpsycheheadaches
References
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
Case No. ADJ4614410
Regular
Mar 21, 2011

MANUEL RODRIGUEZ vs. CALIFORNIA METAL X, CONTINENTAL CASUALTY COMPANY, CNA CLAIMS PLUS

This case concerns Manuel Rodriguez's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board denied the petition, upholding the finding of 81% permanent disability. The board agreed with the administrative law judge that apportionment of disability to a prior 1991 knee injury was permissible under Labor Code Section 4663. Furthermore, the board affirmed that the applicant did not prove total permanent disability based on inability to compete in the labor market.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsycheSpineJawTeethHerniaPermanent Disability
References
Case No. ADJ1332200 (LAO 0710157) ADJ1749454 (LAO 0753825) ADJ1723599 (LAO 0710158)
Regular
Nov 11, 2011

EARLIE CHAMBERLAIN vs. CEDAR SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding insufficient medical evidence to determine industrial psychiatric injury due to incomplete records requested by both treating physicians. The Board also noted the WCJ may have misapplied the *Benson* doctrine regarding apportionment of the psychiatric injury across three separate industrial incidents. The case is returned to the trial level for further proceedings to develop the medical record and properly address causation and apportionment issues.

Workers' Compensation Appeals BoardCedars Sinai Medical Centernursing communications technicianindustrial injurybilateral kneesbackteethjawdenturesleft upper extremity
References
Case No. ADJ4494745
Regular
Jan 26, 2010

JASON HACHLER vs. GEORGE S MAY INTERNATIONAL CORP., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and deferred the issues of permanent disability, apportionment, and attorney fees. This decision was based on the applicant's recent surgery and potential changes in disability since the initial award. The case is returned to the trial level for further proceedings to allow for a comprehensive evaluation of these developments and a final determination. The original Findings and Award, excluding the deferred issues, were otherwise affirmed.

Workers Compensation Appeals BoardApplicantDefendantConsultantBusiness ManagerIndustrial InjuryLeft KneeLeft Lower ExtremityTeethCognitive Functioning
References
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
Case No. ADJ 6992658, ADJ 6992659, ADJ4311378 (POM 0229599)
Regular
Jun 16, 2016

JAMES GONZALEZ vs. CHINO VALLEY UNIFIED SCHOOL DISTRICT

The applicant, James Gonzalez, sustained two industrial injuries in 1993 and 1995 as a janitor, resulting in findings of combined permanent total disability. The applicant appealed the Workers' Compensation Appeals Board's (WCAB) decision, arguing the 1995 injury was a consequence of the 1993 injury, and the permanent disability should not have been equally apportioned. The WCAB affirmed the existence of two distinct injuries but rescinded the prior award. The case is returned to the trial level for further development of the record regarding proper apportionment of the permanent total disability between the two injuries, as current medical and vocational expert opinions lack sufficient detail and legal adherence to apportionment principles.

COMPENSABLE CONSEQUENCEPERMANENT TOTAL DISABILITYAPPORTIONMENTDATE OF INJURYVOCATIONAL EXPERTAGREED MEDICAL EXAMINERINDUSTRIAL INJURYPSYCHELUMBAR SPINECERVICAL SPINE
References
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