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

Case No. ADJ10802982
Regular
Feb 28, 2020

John Klimkiewicz vs. Regents of the University of California

The Workers' Compensation Appeals Board granted reconsideration, reversing the administrative law judge's finding that the applicant was employed by "University of California, Irvine." The Board judicially noticed that the Regents of the University of California is the sole legal employer, encompassing all its campuses, including UC Irvine. Consequently, the applicant's civil settlement with the Regents was not with a "third party," and the defendant's petition for a third-party credit was denied. The Board affirmed the finding of no industrial injury to the chest, arms, or sleep disorder.

Workers' Compensation Appeals BoardPetition for ReconsiderationThird Party CreditLabor Code section 3861Labor Code section 3856Regents of the University of CaliforniaUniversity of California IrvineJudicial NoticePermissibly Self-InsuredIndustrial Injury
References
Case No. ADJ7673518
Regular
Jun 18, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION/CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The defendant, AO-The University Corporation/California State University Northridge, sought reconsideration of a prior decision finding the applicant sustained an industrial neck injury on January 24, 2011. Defendant argued the applicant's alleged dishonesty under oath invalidated the injury report. However, the Board previously found sufficient additional evidence supported the industrial injury finding, even considering credibility issues. The Board denied the Petition for Reconsideration, reaffirming its prior decision.

Petition for ReconsiderationOpinion and Order Granting Petition for ReconsiderationDecision After Reconsiderationindustrial injuryneck injurylied under oathcredibilitysufficient additional evidenceWorkers' Compensation Appeals BoardAO-The University Corporation
References
Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
Case No. ADJ1508875 (SAL 0120616) ADJ10261915 ADJ7549983
Regular
Oct 31, 2019

DERREL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., d.b.a ENSTAR ADMINISTRATORS, SEABRIGHT INSURANCE COMPANY, O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY of CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This case involved a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision that inadvertently awarded a second Labor Code section 4658(d) increase. The defendant requested a correction, which the WCAB granted. The WCAB has the authority to correct clerical errors at any time. Therefore, the September 16, 2019 decision was affirmed but amended to remove the erroneous second increase, clarifying the permanent disability indemnity awarded.

Workers' Compensation Appeals BoardPetition for ReconsiderationClerical ErrorLabor Code section 4658(d)Permanent disability indemnityAttorney feesSeabright Insurance CompanyTravelers Indemnity CompanyState Compensation Insurance FundCritchfield Mechanical
References
Case No. ADJ10173387; ADJ19907358; ADJ3052978; ADJ3882676; ADJ4063239; ADJ4429907; ADJ883851; ADJ8926536
Regular
Sep 22, 2025

AURORA MUNOZ vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a denial of increased benefits for serious and willful misconduct by her employer. The applicant, a bus driver, was injured when a passenger lift malfunctioned. The Board denied reconsideration, affirming the WCJ's finding that the employer did not engage in serious and willful misconduct, as they reasonably relied on a mechanic's report stating the vehicle was safe to operate after an electrical short. The Board also found no basis for a presumption of serious and willful misconduct due to the employer's alleged failure to respond to discovery requests, as such procedures are not typically applicable in workers' compensation proceedings.

Serious and Willful MisconductLabor Code Section 4553Vehicle Inspection ReportPassenger LiftMechanic's Opinion"OK to Drive"Knowledge of DangerIntentional ActReckless DisregardAdverse Inference
References
Case No. ADJ10620323
Regular
May 14, 2019

EDWARD ZOZOSKY vs. INTERSTATE DISTRIBUTOR CO.; XL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board affirmed a finding that Edward Zozosky sustained a right shoulder injury arising out of and in the course of employment, despite conflicting evidence regarding a forceful braking event. The Board found that medical reports from Dr. Kupfer and Dr. Zardouz constituted substantial evidence supporting the injury AOE/COE. While the defendant presented testimony and evidence questioning the mechanics of the alleged forceful stop, the Board gave deference to the administrative law judge's credibility determination of the applicant. However, one Commissioner dissented, arguing that the applicant failed to present substantial evidence of an industrial injury, emphasizing the lack of corroborating medical history and applicant's credibility issues.

AOE/COEhard braking eventOnGuard systemABS brakesrotator cuff capsule sprainindustrial aggravationQMEmedical opinioncredibility determinationsubstantial evidence
References
Case No. ADJ732580 (SAL 0105372) ADJ2838073 (SAL 0110231)
Regular
Sep 03, 2010

KATHRYN COMBS vs. STANFORD UNIVERSITY, ZURICH NORTH AMERICA

This case involves an applicant, Kathryn Combs, seeking workers' compensation benefits from Stanford University and its insurer, Zurich North America. The applicant filed a Petition for Reconsideration with the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the report from the Workers' Compensation Judge and has ordered the denial of reconsideration. The specific reasons for the denial are incorporated by reference from the Judge's report.

Workers' Compensation Appeals BoardDenying ReconsiderationPetition for ReconsiderationWCJ ReportAdopt and IncorporateStanford UniversityZurich North AmericaADJ732580ADJ2838073SAL 0105372
References
Case No. ADJ2516860 (VNO 0402560) ADJ7420955
Regular
Nov 20, 2012

BRIAN SHARP vs. QUINN COMPANY, NBC UNIVERSAL, ELECTRIC INSURANCE COMPANY

This case concerns a petition for reconsideration of a finding that applicant sustained industrial injury to his right knee on October 2, 2009. The defendant argued that the Agreed Medical Evaluator's (AME) opinion did not support industrial injury and that the applicant's attorney engaged in ex parte communication. The Board denied the petition, finding the AME's opinion regarding the right knee injury insufficient. The Board adopted the WCJ's reasoning that the mechanism of injury, as reported by the applicant and corroborated by other physicians, along with the presence of a new tear on MRI, supported the industrial causation finding.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAgreed Medical Evaluator (AME)Industrial InjuryCausationMedical ProbabilityApportionmentOsteoarthritisIndustrial Exacerbation
References
Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
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