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

Case No. ADJ11451772
Regular
Apr 03, 2023

EDUARDO CASELIN HUERTA vs. MONTIE WAYNE SHEET METAL, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and deferred the issue of permanent disability. The Board affirmed the finding of temporary disability through August 9, 2020, based on medical opinions stating the applicant remained unable to work due to his urological condition. However, the Board requires the Administrative Law Judge to clarify how permanent disability ratings were calculated (addition versus combination) and to further analyze the applicability of Labor Code section 4660.1(c) to the applicant's sexual dysfunction and urological impairments. The Board took no position on the ultimate resolution of these permanent disability issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityPermanent DisabilityLumbar SpineSexual DysfunctionUrological ImpairmentCombined Values ChartLabor Code Section 4660.1(c)Qualified Medical Evaluator
References
3
Case No. ADJ7082851
Regular
Jan 30, 2019

HUMBERTO GONZALEZ vs. AMERICAN AUTO WRECKING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the original findings, establishing applicant's earnings at $500.00 per week. The Board affirmed the finding of industrial injury to the psyche and right inguinal hernia, but deferred issues of injury to the reproductive system (sexual dysfunction) and sleep disorder. The matter was returned to the WCJ for further development of the record concerning these deferred issues, particularly regarding the specific impact of sleep disorder on impairment and corroboration of sexual dysfunction.

AOE/COEFindings and AwardPetition for ReconsiderationAdministrative Law JudgeAgreed Medical ExaminerQualified Medical ExaminerMaximum Medical ImprovementGeneral LaborerRight inguinal herniaSexual dysfunction
References
0
Case No. ADJ7037201
Regular
Apr 22, 2013

Eddie Avakian vs. CITY OF BALDWIN PARK, ADMINSURE

This case involves an applicant police officer seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 72% permanent partial disability. The applicant contended the WCJ erred by excluding sleep disturbances and sexual dysfunction from the disability rating and by apportioning his cardiovascular disability. The WCAB granted reconsideration, rescinded the original award, and found the applicant's sexual dysfunction and sleep disorder compensable. The matter was returned to the trial level for a new decision, with the WCAB stating it would not disturb other findings, including the hypertension apportionment.

Workers' Compensation Appeals BoardEddie AvakianCity of Baldwin ParkPermissibly Self-InsuredAdministered By ADMINSUREADJ7037201Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award and OrderAdministrative Law Judge
References
0
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ8023073
Regular
Mar 08, 2018

ERIKA GOMEZ GONZALEZ vs. FRONT PORCH, permissibly self-insured

The Workers' Compensation Appeals Board granted reconsideration of the prior award finding industrial injury, including to the psyche and sexual dysfunction, stemming from an exploding electrical outlet. The Board affirmed the award, specifically ruling that the exploding outlet constituted a "sudden and extraordinary employment condition" exempting the applicant from the six-month employment rule for psychiatric injuries. However, the Board rescinded the specific EDD reimbursement amount and remanded that issue for further proceedings. A dissenting commissioner argued the incident was routine and the sexual dysfunction lacked objective evidence.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injurysexual dysfunctionEmployment Development Department (EDD) reimbursementsubstantial evidencemedical opiniondioxine electrical outlettemporary disability indemnitypermanent disability
References
1
Case No. MISSING
Regular Panel Decision
Aug 16, 2000

Thompson v. Port Authority of New York & New Jersey

The Supreme Court, New York County, affirmed a judgment denying damages for future pain and suffering and loss of consortium to a construction worker and his wife following a personal injury suit. The jury found insufficient persuasive medical evidence to corroborate the plaintiff's subjective complaints of persistent headaches, low back pain, and sexual dysfunction. Evidence showed the plaintiff had not maintained a continuous course of treatment and had a pre-existing degenerative spinal disease. While the plaintiff was awarded damages for future loss of earnings due to disability from strenuous work, his claims for ongoing pain and sexual dysfunction were deemed incredible or unrelated to the accident. The court also upheld the trial court's charge on the plaintiff's duty to mitigate damages by seeking vocational rehabilitation, given the credibility issues surrounding his ability to work.

Personal InjuryConstruction AccidentFuture Pain and SufferingLoss of ConsortiumMedical EvidenceCredibility AssessmentMitigation of DamagesVocational RehabilitationPre-existing ConditionJury Verdict
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hare v. Champion International

Claimant suffered head, neck, and back injuries in 1991 while working as a millwright for Champion International. His workers' compensation case was closed in 1993, with a finding of no compensable lost time after November 1991. In 1997, claimant's pain worsened, and he sought authorization for Viagra for work-related sexual dysfunction, which Champion's carrier denied. In 1999, Champion sold its mill, and the new owner did not rehire the claimant. He then sought compensation for lost time, alleging the non-rehire was due to his disability from the 1991 accident. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board found his unemployment was due to economic conditions and denied a causal link for sexual dysfunction. The appellate court affirmed the Board's decision, concluding that the claimant failed to prove his inability to obtain employment was due to his accident-related disabilities, and that the Board properly resolved conflicting medical evidence.

Workers' CompensationSexual DysfunctionLost WagesEconomic ConditionsRehireDisability ClaimMedical EvidenceCausationAppellate ReviewBurden of Proof
References
5
Case No. ADJ4236385 (OXN 0129675)
Regular
Jun 17, 2013

HILARIO VASQUEZ vs. ABEL AUTOMATICS, EMPLOYERS COMPENSATION

The Workers' Compensation Appeals Board granted reconsideration to further study the case of Hilario Vasquez. The Board amended the original award to find that Vasquez is entitled to medical treatment for gastrointestinal and urological/sexual dysfunction conditions. However, the Board affirmed the original finding of 82% permanent disability, rejecting the applicant's claims of total disability and error in the determination of these conditions. The decision emphasizes that while these specific conditions did not warrant an increase in permanent disability, they are compensable for treatment purposes as a consequence of the industrial injury.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryGastrointestinal ConditionUrological Sexual DysfunctionPermanent DisabilityMedical TreatmentCompensable ConsequenceStipulated Award
References
0
Case No. ADJ11629744
Regular
Apr 24, 2023

ROCHELLE BOYD vs. VISSER, NATIONAL INTERSTATE RICHFIELD

The applicant sought reconsideration after the WCJ denied injury claims to the brain, internal system, psyche, and sexual dysfunction, as well as the issuance of additional QME panels. The Appeals Board granted reconsideration, finding good cause existed for additional QME panels in internal medicine and psychiatry. The original findings of fact were rescinded, and the issue of further QME panels in urology and neurology was deferred. The Board concluded that additional QME evaluations were necessary for a full adjudication of the claimed injuries outside of the admitted orthopedic injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorQME panelsinternal medicinepsychiatryneurologyurologysexual dysfunctionpsyche
References
3
Case No. ADJ6698762
Regular
Jul 15, 2016

LOANI VERA vs. MONSANTO COMPANY

The Workers' Compensation Appeals Board denied Monsanto's petition for removal, upholding the judge's order for additional medical evaluations. The applicant sustained a back injury in 2006, with subsequent amendments to her claim including psychological and sexual dysfunction issues. Monsanto argued that these new complaints were unrelated to the original back injury, but the Board found that medical reporting on these specific issues was outdated and that discovery was necessary for resolution. Therefore, good cause existed to order QME evaluations for neurology and urology, and denial of removal was appropriate as no substantial prejudice or irreparable harm was shown.

Petition for RemovalFindings and OrderAdditional Panel QMEUrologyNeurologySexual DysfunctionMedical DiscoveryPrimary Treating PhysicianSecondary PhysicianAgreed Medical Evaluator
References
2
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