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

Case No. VNO 0444524
Regular
Nov 20, 2007

JANET M. WINKLER vs. DEPARTMENT OF INDUSTRIAL RELATIONS

The Workers' Compensation Appeals Board rescinded a prior decision, finding the administrative law judge failed to address key issues including the date of injury, causality for orthopedic and psychiatric claims, and proper apportionment of disability. The Board remanded the case for further development of the record and new findings, particularly regarding the applicant's cardiovascular, TMJ, orthopedic, and psychiatric conditions, and ordered attorney's fees to be considered for temporary disability.

Workers' Compensation Appeals BoardIndustrial injuryCardiovascular systemTachycardiaAtrial fibrillationTMJWork stressorsPsyche injuryRolda v. Pitney BowesInc.
References
Case No. ADJ1170386 (OXN 0133453) ADJ2465830 (VNO 0334817)
Regular
May 17, 2010

Larry Salit vs. ALPHA INDUSTRIES, CHARTIS COSTA MESA, CITY OF INGLEWOOD

This case involves Larry Salit's petitions for reconsideration of two workers' compensation awards. The applicant sought compensation for cumulative trauma injuries to his upper extremities and for injuries to his back, TMJ, hearing, neck, upper extremities, and fibromyalgia. The applicant contended the judge erred in apportioning prior injuries, awarding liens, and discounting medical opinions regarding fibromyalgia and its connection to IBS. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's findings that apportionment was proper and supported by substantial medical evidence.

Workers' Compensation Appeals BoardCumulative trauma injuryBilateral upper extremitiesPermanent disabilityApportionmentLabor Code 4663Labor Code 4664FibromyalgiaTMJIrritable Bowel Syndrome (IBS)
References
Case No. ADJ7984284; ADJ8138424
Regular
Nov 25, 2020

Barbara McGinnis vs. Coalinga-Huron School District

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award. The original award found the applicant sustained industrial injuries resulting in 100% permanent disability due to numerous impairments, including chronic pain, fibromyalgia, and TMJ. The Board affirmed the finding of permanent total disability, agreeing with the judge that the applicant's impairments, when added together, reached 100% and that apportionment was moot. The Board also found substantial medical evidence supported adding impairments rather than using the Combined Values Chart.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationPermanent Total DisabilityApportionmentCombined Values ChartIndustrial InjuryCumulative TraumaFibromyalgiaTMJ
References
Case No. ADJ4198635
Regular
Aug 20, 2009

ANGELIQUE LARSON vs. WALGREENS, Permissibly Self-Insured, adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board denied Walgreens' petition for reconsideration regarding Angelique Larson's industrial injury. Walgreens argued the administrative law judge exceeded her authority by not allowing a further deposition of Dr. Tacheff and that his opinion lacked substantial evidence. The Board found Dr. Tacheff's opinion on the applicant's TMJ and dental injury, caused by a fall as a retail clerk, to be substantial medical evidence. The Board affirmed that adequate discovery occurred and that medical treatment is not apportionable, thus the need for future TMJ treatment was established.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryTMJ-dentalWalgreensSedgwick CMSPetition for ReconsiderationFindings of FactAwardOrder
References
Case No. ADJ10762593
Regular
Feb 06, 2023

NICHOLAS KOBE vs. CITY OF LOS ANGELES, AIMS

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration, upholding the finding that firefighter Nicholas Kobe's TMJ/myofascial pain injury was compensable. The Board adopted the judge's report, which determined that the applicant was not the initial physical aggressor in an altercation with a fellow firefighter, as the initial physical contact was initiated by the other firefighter. Therefore, Labor Code §3600(a)(7) did not bar the claim, and the applicant was awarded temporary and permanent disability benefits. The defense exclusively argued the initial physical aggressor defense, which the Board found inapplicable based on the facts.

Initial physical aggressor defenseLabor Code §3600(a)(7)TMJ/myofascial painPanel Qualified Medical EvaluatorNina Nattiv DDSfirefighter injurytemporary disabilitypermanent disabilitywage calculationattorney fees
References
Case No. SRO 113518, SRO 124407
Regular
Apr 08, 2008

REYNALDO RODRIGUEZ vs. FIRST AMERICA CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration to correct an error in the original award. The Board amended the period of temporary disability for SRO 113518, finding the applicant was temporarily disabled from October 30, 2002, through May 16, 2005, aligning with the medical opinion on the permanent and stationary date. Despite the applicant's procedural filing errors, the Board affirmed the WCJ's decision with this specific correction.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award and OrdersIndustrial InjuryTemporary DisabilityPermanent DisabilityPermanent and Stationary DateMedical Opinion EvidenceApportionmentPetition to Reopen
References
Case No. MON 0218864 MON 0218866
Regular
Sep 11, 2007

TRACY KOOY vs. LAWRY'S RESTAURANT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board decision that awarded benefits for admitted industrial injuries. The defendant argued the awarded permanent disability percentage was too high, disputing the WCJ's apportionment of causation. The Board denied reconsideration, upholding the WCJ's reliance on the agreed medical evaluators' opinions regarding apportionment, finding the defendant failed to prove otherwise.

Workers Compensation Appeals BoardReconsideration DeniedIndustrial InjuriesFibromyalgiaTMJApportionmentAgreed Medical EvaluatorSubstantial EvidenceLabor Code Section 4663Permanent Disability Indemnity
References
Case No. ADJ8202333
Regular
Jul 01, 2016

Boardman Hill vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES DIVISION

The Workers' Compensation Appeals Board dismissed both the applicant's and defendant's Petitions for Reconsideration. This dismissal occurred because the Administrative Law Judge (WCJ) had rescinded the original Findings and Award on June 15, 2016, before the reconsideration petitions were reviewed. The WCJ's rescission allowed for further proceedings to be scheduled. Consequently, the Board found the petitions moot under these circumstances.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardAdministrative Law JudgeCumulative PeriodInternal OrgansPsycheHypertensionOrthopedic SystemsTMJ
References
Case No. ADJ3712066 (VNO 0440893)
Regular
Jan 14, 2009

MARIA T. SALINAS vs. STATE OF CALIFORNIA, BOARD OF EQUALIZATION, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND

The WCJ's decision is rescinded and the case is returned to the trial level for further proceedings and a new decision because the WCJ did not follow prior instructions to analyze the psychiatric injury and properly organize the exhibits.

Workers' Compensation Appeals BoardPsychiatric InjuryIndustrial CausationRolda AnalysisPersonnel ActionsPredominant CauseSubstantial CauseFindings and AwardPetition for RemovalPetition for Reconsideration
References
Case No. ADJ2445262 (SAC 0345875)
Regular
Mar 04, 2011

JUAN JOSE ACEVES vs. SUSAN CROOK, MICHAEL CROOK, CRM CONSTRUCTION, UNINSURED EMPLOYERS BENEFITS TRUST FUND, SUNBURST PROPERTY MANAGEMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted SCIF's petition for reconsideration of a prior order. The WCAB rescinded the original order, which had found SCIF solely liable for the applicant's industrial injury. This decision returns the case to the trial level for further proceedings, allowing for the potential inclusion of joint and several liability against the illegally uninsured defendants, Michael Crook, Susan Crook, and CRM Construction. The WCAB adopted the trial judge's report recommending reconsideration.

Workers' Compensation Appeals BoardIndustrial InjuryMultiple Body PartsTMJContractor's License SuspendedUninsured Employers Benefits Trust FundJoint and Several LiabilityPetition for ReconsiderationFindings and OrderRescinded
References
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