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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. ADJ9274107
Regular
Jul 24, 2017

ROBERT MARTINEZ vs. VIA SYSTEMS GROUP, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration to review an order approving a Compromise and Release. The applicant argued that new evidence, previously undiscoverable, warranted this reconsideration. Adopting the WCJ's report, the Board rescinded the original order and returned the case for further proceedings and a new decision at the trial level. This decision allows for the introduction of the alleged new material evidence affecting the settlement.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWorkers' Compensation Appeals BoardWCJNew evidenceRescindedTrial levelFurther proceedingsDecision after reconsideration
References
Case No. ADJ7013901
Regular
May 03, 2011

CHANG HYUN KIM vs. SYSTEM CARWASH, LLC, GUARD INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's case, Chang Hyun Kim, against System Carwash, LLC and Guard Insurance Group. The WCAB adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ) as the basis for their denial. The specific reasons for the denial are detailed in the WCJ's report, which was not provided here. Therefore, the applicant's petition for reconsideration was formally rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' compensation administrative law judgeDenying ReconsiderationSystem CarwashLLCGuard Insurance GroupADJ7013901Ronnie G. CaplaneAleonso J. Moresi
References
Case No. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
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. ADJ8107354
Regular
Aug 29, 2014

STACY SAUNDERS vs. LOMA LINDA UNIVERSITY MEDICAL GROUP

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration in the case of *Saunders v. Loma Linda University Medical Group*. This decision was made to allow for further study of the factual and legal issues presented. Consequently, all future communications regarding this case must be submitted in writing directly to the Office of the Commissioners of the WCAB, not to any district office or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardLoma Linda University Medical GroupSan Bernardino District OfficeStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemDecision After Reconsideration
References
Case No. ADJ2357169 (VNO 0476110) ADJ3613914 (VNO 0476111) ADJ1007900 (VNO 0476112) ADJ3475183 (VNO 0476113) ADJ1139437 (VNO 0476115)
Regular
Jan 05, 2009

LUIZA ZIEGLER vs. FIRST BANK AND TRUST, CHUBB GROUP OF INSURANCE CO.

The Appeals Board dismissed the lien claimant's petition for reconsideration as untimely, filed 26 days after the October 9, 2008, Order of Dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantOrder of DismissalTimelinessJurisdictionalLabor CodeCode of Civil ProcedureCalifornia Code of RegulationsWCJ
References
Case No. ADJ12315169
Regular
Sep 10, 2019

Gregory Williams vs. Redwood Electric Group, Travelers Property Casualty Company of America

The Appeals Board affirmed an Arbitrator's finding that an electrician's injuries, potentially from electrocution, arose out of employment. Despite the unwitnessed nature of the injury and lack of direct evidence on the precise cause, the Board applied the *Clemmens* doctrine, creating a presumption that the injury occurred in the course of employment when the employee is placed at the location by the employer. Circumstantial evidence, including entry and exit wounds and the active construction site environment, supported the industrial nature of the injury. The defendant's arguments regarding the neutral risk doctrine, burden of proof, and denial of due process were found unpersuasive or waived.

Workers' Compensation Appeals BoardRedwood Electric GroupTravelers Property Casualty Company of AmericaJourneyman Electricianupper and lower extremitiesbody systemskinkidneysheartbrain
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
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