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

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. ADJ9455268
Regular
Sep 07, 2018

MICHAEL HOLT vs. CONTRACTORS WARDROBE, TRAVELERS, YORK RISK SERVIES

The Workers' Compensation Appeals Board granted reconsideration to address an alleged injury to the applicant's kidneys and urological system. The Board found the original judge failed to clarify if this issue was submitted for decision or make a specific finding, necessitating a remand for clarification. The Board also dismissed the applicant's petition for removal as premature, but left the judge's notice of intent to sanction the applicant's attorney undisturbed. The prior award of temporary disability and future medical treatment was preserved, with other issues deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings Award and OrdersSanctionsAgreed Medical EvaluatorQualified Medical EvaluatorCumulative TraumaCardiovascular SystemCirculatory System
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ6577154
Regular
Jul 19, 2019

LISA RYAN vs. SUTTER MEMORIAL HOSPITAL, Permissibly Self-Insured

This case involves a registered nurse, Lisa Ryan, who claimed a work-related injury to multiple body parts including her spine, head, and nervous system, allegedly resulting in permanent total disability. The defendant, Sutter Memorial Hospital, petitioned for reconsideration of the initial award, disputing the permanent total disability finding. Subsequently, the parties reached a Compromise and Release agreement for $575,857. The Workers' Compensation Appeals Board approved this settlement, rescinding the prior award, finding the agreement adequate and in the applicant's best interest.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationFindings and AwardPermanent Total DisabilityRegistered NurseSpine InjuryHead InjuryBrain InjuryNervous System
References
Case No. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ3880125
Regular
Nov 01, 2014

SOKPHEAP PEN vs. THE ENSIGN GROUP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior finding. The Board found that the applicant sustained industrial injury to her spine only, deferring the issue of injury to the psyche, uterus, and urological system. This was because the applicant's claims for these latter body parts were not properly raised as trial issues, thus denying the defendant due process. The Board otherwise affirmed the original decision.

Petition for ReconsiderationFindings and OrderCertified Nursing AssistantSpine InjuryPsyche InjuryUterus InjuryUrological System InjuryQualified Medical EvaluatorDr. CremataDr. Brandeis
References
Case No. ADJ4317262 (ANA 0327568)
Regular
Apr 13, 2009

JOSE GONZALEZ vs. BURR ROOFING, INC., SCIF INSURED SANTA ANA

The applicant sought reconsideration of a workers' compensation award, primarily arguing the permanent disability rating undervalued his urological condition and the WCJ erred in not crediting vocational rehabilitation expert opinion. The Appeals Board granted reconsideration solely to award additional attorney fees for temporary disability benefits. While the majority affirmed the WCJ's original findings on permanent disability, a dissenting commissioner argued the urological condition was significantly underestimated and requested a new rating.

Workers Compensation Appeals BoardJose GonzalezBurr RoofingSCIF Insured Santa Anapermanent disabilityapportionmentrooferupper back injurymid back injurylow back injury
References
Case No. ADJ9391561 ADJ8266496
Regular
Apr 12, 2019

HENDRIKUS ANTONIUS BENNINK vs. CITY OF FRESNO

This case involves a police officer claiming industrial injuries to multiple body parts, including orthopedic and digestive systems, in addition to previously resolved cardiovascular and hearing claims. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant did not sustain industrial injuries to his neck, upper extremities, back, legs, or digestive system. This decision was based on substantial evidence from Qualified Medical Examiners (QMEs) who concluded these conditions were degenerative and non-industrial. The WCAB found no error in the QMEs' reasoning or the applicant's failure to prove industrial causation for these specific injuries.

ADJ9391561ADJ8266496Industrial injuryCardiovascular systemHearing lossOrthopedic injuryDigestive systemQMESubstantial evidenceCausation
References
Case No. ADJ10266237; ADJ10401171
Regular
Aug 15, 2025

WILLIAM AREY vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied defendant Hartford Accident & Indemnity Company's petition for reconsideration. The defendant challenged the April 22, 2025 Joint Findings of Fact and Order, which found that applicant William Arey sustained industrial injuries to his brain, head, nervous system, and circulatory system. Defendant contended the Agreed Medical Evaluator (AME) Dr. Roger Bertoldi's report was not substantial medical evidence and that ex parte contact occurred due to applicant's sister's participation in the evaluation. The Board affirmed the WCJ's decision, finding Dr. Bertoldi's report to be substantial medical evidence and concluding that the sister's assistance was necessary and permissible due to applicant's significant memory impairment, thus not constituting impermissible ex parte contact.

AMEAgreed Medical Evaluatorex parte contactsubstantial medical evidenceindustrial injurycumulative injuryspecific injuryres judicatacollateral estoppelPetition for Reconsideration
References
Case No. ADJ4401003 (OXN 0132344) ADJ8597266
Regular
Feb 27, 2014

Richard Hunt vs. CEMEX, AMERICAN INTERNATIONAL GROUP, INC., GALLAGHER BASSETT SERVICES, INC.

The applicant sought reconsideration of a prior award which found industrial injury to his back, neck, knee, shoulder, psyche, and sleep disorder, but only awarded permanent disability for his back injury. The Appeals Board found that the prior award was not supported by substantial evidence regarding psychiatric permanent disability. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the record regarding psychiatric permanent disability. The applicant may be entitled to additional indemnity benefits upon further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryTruck DriverPermanent Disability Indemnity BenefitsPsycheSleep DisorderUrological SystemGastrointestinal System
References
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