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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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
Case No. ADJ8846763
Regular
Dec 04, 2014

FRANK FERNANDES vs. T I C CONSTRUCTION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the finding of an industrial right shoulder injury, the Board found the existing medical evidence insufficient to definitively determine temporary disability. The Board also upheld the stipulated temporary disability rate, rejecting the defendant's argument for a statutory minimum rate, and remanded the case for further development of the record on temporary disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderTemporary DisabilityPermanent DisabilityAverage Weekly WageStipulationMedical Evidence
References
Case No. MON 0322465
Regular
Jan 03, 2008

AFRA CORNEJO vs. COUNTY OF LOS ANGELES

This case involved separate appeals from the applicant and defendant regarding an administrative law judge's findings on permanent disability apportionment and temporary disability overpayment. The applicant argued against apportionment of permanent disability, while the defendant sought credit for alleged overpayment of temporary disability. The Workers' Compensation Appeals Board denied both petitions, affirming the administrative law judge's decision. The Board clarified that Labor Code section 4656(b) limits temporary partial disability, not temporary total disability, thus the defendant was not entitled to a credit for overpayment.

Workers Compensation Appeals BoardAgreed Medical EvaluatorApportionmentPermanent DisabilityTemporary Disability IndemnityLabor Code Section 4656(b)Temporary Partial DisabilityTemporary Total DisabilityCreditRestitution
References
Case No. ADJ3383028 (STK 0197218) ADJ8225159 ADJ3094525 (STK 0199499)
Regular
Nov 05, 2018

ARMANDINA MACHUCA vs. STOCKTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered by YORK SERVICES GROUP

The WCAB denied Stockton Unified School District's petition for reconsideration regarding an award of temporary total disability. The defendant argued the award in ADJ3383028 was improper due to the five-year limitation under Labor Code section 4656(b) and insufficient medical evidence. The Board affirmed the WCJ's finding that the March 4, 2004 injury contributed to the 2012 temporary disability period, and that section 4656(b) applies only to temporary partial disability. Furthermore, the Board clarified that the five-year reopening limitation does not apply in cases without a prior award of compensation.

Workers' Compensation Appeals BoardArmandina MachucaStockton Unified School DistrictPetition for ReconsiderationFindings of FactAward and Orderindustrial injuryspineright shoulderpsyche
References
Case No. ADJ4606826 (SJO 0265682)
Regular
Jul 01, 2009

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS

In this workers' compensation case, the Board rescinded its prior decision and found the applicant entitled to temporary total disability indemnity. This indemnity is awarded for the period between November 21, 2007, and January 28, 2008, when the applicant was medically deemed unable to work. However, the applicant is estopped from receiving temporary disability indemnity for periods of temporary partial disability due to refusing modified work without good cause. The Board affirmed its finding that the applicant is not entitled to temporary disability for periods of partial disability for the reasons stated in its earlier opinion.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityModified WorkEstoppelAgreed Medical EvaluatorPrimary Treating PhysicianTemporary Total DisabilityTemporary Partial DisabilityOdd Lot Doctrine
References
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
Case No. OAK 0336357 OAK 0336358
Regular
Aug 05, 2008

MARSHALL HOLDER vs. UNICO SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with two shoulder injuries that resulted in overlapping temporary disability. The Appeals Board reversed the WCJ's award of ongoing temporary disability, finding that Labor Code section 4656(c)(1) limits payments to 104 weeks within two years of the *first* temporary disability payment. Therefore, the applicant is entitled to temporary disability indemnity for two years from April 5, 2005, and not thereafter.

Temporary disability indemnityconcurrent temporary disabilityLabor Code section 4656(c)(1)Hawkins v. Amberwood ProductsFoster v. Workers' Comp. Appeals Bd.date of commencement of temporary disability paymentaggregate disability paymentstwo-year limitationbilateral shoulder injuryleft shoulder injury
References
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