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

Case No. ADJ9186468
Regular
Jan 13, 2017

LORENA GUERRA vs. FALLAS PADERES/NATIONAL STORES, INC. & HARTFORD INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves a workers' compensation applicant seeking further medical treatment for a psychological injury exacerbated by her employment. The administrative law judge (WCJ) previously found that while the applicant sustained an industrial injury to her psyche and internal systems due to work stress and aggravation of Turner's Syndrome, she no longer required further treatment. The applicant appealed, arguing that the WCJ improperly apportioned treatment to her pre-existing condition. However, the Appeals Board denied the reconsideration petition, finding substantial medical evidence from a Qualified Medical Evaluator (QME) indicating that the applicant reached a stationary status regarding her industrial psychological injury in June 2013 and no longer required further treatment for that specific injury. The Board also noted that the medical opinions did not support an acceleration of the applicant's pre-existing Turner's Syndrome.

Workers' Compensation Appeals BoardFindings and AwardPsyche InjuryTurner's SyndromeMedical TreatmentQualified Medical EvaluatorApportionmentSubstantial EvidenceHysterectomyAcceleration
References
Case No. ADJ542950
Regular
May 12, 2009

LANCE TURNER vs. ALL PAYMENT SERVICES, AIG

This case concerns two petitions for removal filed by the applicant, Lance Turner, against All Payment Services and AIG. Turner sought to close discovery at a mandatory settlement conference and obtain a protective order against the defendant's discovery efforts. The Appeals Board denied both petitions, finding the WCJ's reasoning sound. However, the Board recommended a status conference to address discovery disputes and expedite the case towards trial.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceDiscoveryProtective OrderWCJOff Calendar StatusStatus ConferenceDepositionTrial Level
References
Case No. ADJ810666 (VNO 0554449)
Regular
Mar 11, 2013

CATHERINE PECK vs. GIBBS, GIDEN, LOCHER, TURNER, TRAVELERS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding attorney fees. The applicant did not dispute the previously awarded attorney fee amount. The disputed $200 would have gone to the applicant's second attorney, not the applicant herself. Therefore, the Board upheld the WCJ's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportOrder Approving Compromise and ReleaseAttorney's FeeApplicantDefendantGIBBS GIDEN LOCHER TURNERTRAVELERS
References
Case No. ADJ11035614
Regular
Feb 07, 2020

EDELIA CARDONA vs. VALJEN, INC. DBA CAESARS PIZZA, STATE FARM CALIFORNIA WORKERS' COMPENSATION

In this case, the applicant sought reconsideration after the WCJ denied attorney's fees under Labor Code Section 5814.5. The applicant's attorney incurred fees attempting to collect a previously awarded attorney's fee that the defendant unreasonably delayed paying. The Appeals Board rescinded the prior decision, finding Section 5814.5 applicable in this scenario, as established by precedent in *Turner*. The matter was returned to the trial level to further develop the record on sanctions under Sections 5813, 5814, and 5814.5.

Labor Code sections 581358145814.5attorney's feesunreasonable delaybad faithstipulated attorney's feePetition for ReconsiderationReport and Recommendationcase of first impression
References
Case No. ADJ9065052
Regular
May 13, 2015

MARK SUAREZ vs. COUNTY OF SANTA BARBARA

This case involves applicant Mark Suarez, a deputy sheriff, who suffered a heart injury on February 4, 2013. Initially, the WCJ found the injury was due to a congenital condition and not work-related. However, the Appeals Board granted reconsideration, finding that Labor Code section 3212.5's "heart trouble" presumption for law enforcement officers applied. The Board determined that while medical evidence indicated a congenital cause, the statute's "anti-attribution" clause prevents rebutting the presumption solely based on a pre-existing condition without evidence of a contemporaneous non-work-related event. Consequently, the Board amended the prior order to find the injury industrially caused, remanding for further proceedings on benefits.

Labor Code section 3212.5heart trouble presumptiondeputy sheriffindustrial injurycongenital conditionaortic stenosisrebuttable presumptionanti-attribution clausenonwork-related eventMuznik
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ13310557
Regular
Oct 14, 2020

BRENDA TURNER vs. MERCY HOSPITAL OF FOLSOM, DIGNITY HEALTH, SEDGWICK CLAIMS

This Workers' Compensation Appeals Board case involves Brenda Turner as the applicant and Mercy Hospital of Folsom, Dignity Health, and Sedgwick Claims as defendants. The Board is issuing an Opinion and Order dismissing the Petition for Removal. This dismissal is solely because the petitioner voluntarily withdrew their petition.

Petition for RemovalWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardMercy Hospital of FolsomDignity HealthSedgwick ClaimsADJ13310557September 1 2020 decisionRatto Law Firm
References
Case No. ADJ3047235 (LAO 0607294)
Regular

JAMIA TURNER vs. HARVEY J. WILLIAMS, D.D.S., GALLAGHER BASSETT

The Workers' Compensation Appeals Board dismissed Jamia Turner's petition for reconsideration as it was not taken from a final order determining substantive rights. The Board also denied removal, adopting the judge's report and finding no showing of substantial prejudice or irreparable harm if removal was not granted. Petitioner failed to demonstrate that reconsideration would be an inadequate remedy should a future adverse final decision issue.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiabilityRemovalPrejudiceIrreparable HarmAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ6893236, ADJ6897165
Regular
Aug 16, 2013

ANTONIO DAVILA vs. ALUMISTAR INC./PACIFIC COAST, REDWOOD FIRE CASUALTY

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it lacked a proof of service, a mandatory filing requirement. Although the lien claimant argued an order was improperly served by the defendant, the Board found no prejudice as the petition was timely filed. The Board would have also denied the petition on its merits due to insufficient evidence of a required lien activation fee payment for Brent Pratley Downey. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationProof of ServiceWCAB Rule 10850Lien ClaimantFinal OrderRule 10500(b)Rule 10500(a)Substantial PrejudiceElectronic Adjudication Management System (EAMS)Lien Activation Fee
References
Case No. ADJ742262 (SBR 0328044)
Regular
Dec 01, 2009

Thomas Turner vs. CITY OF RIALTO

Applicant's petition for disqualification is dismissed as moot; matter remanded for automatic reassignment to another WCJ.

Petition for disqualificationAutomatic reassignmentWCJ biasPrior employmentDue processTimely motionWCAB Rule 10453Moot petitionRemandAdministrative law judge
References
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