Updated Daily

Case Law Database

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

Case No. ADJ6866226

Regular

Sep 08, 2014

Patrick Vigil vs. Clars Estate Auction Gallery, First Comp Insurance

The Appeals Board granted reconsideration to correct a clerical error, rescinding the WCJ's finding of no industrial injury. While the parties had stipulated to injury AOE/COE and settled the claim, the WCJ erroneously found otherwise. However, the Board upheld the WCJ's finding that the applicant failed to establish a violation of Labor Code section 132a. Ultimately, the applicant takes nothing on his section 132a claim, but the industrial injury finding is reinstated based on the prior stipulation.

Workers' Compensation Appeals BoardADJ6866226Patrick VigilCLARS Estate Auction GalleryFIRST COMP INSURANCEPetition for ReconsiderationFindings and OrderInjury AOE/COELabor Code Section 132aViolation of 132a

References

Case No. ADJ8800095

Regular

Oct 28, 2016

MARIE HINGADA vs. AXIS SPECIALTY U.S. SERVICES, INC., VIGILANT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Marie Hingada's petition for reconsideration in Case No. ADJ8800095. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The decision emphasized giving great weight to the WCJ's credibility determinations due to their observation of witnesses. No substantial evidence warranted rejecting the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceADJ8800095Van Nuys District Officeadministrative law judgeapplicantdefendants

References

Case No. ADJ14789657

Regular

Oct 24, 2025

EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

Applicant, Edwar Vanegas Gerena, a tree trimmer, sustained a severe injury to his left hand, neck, right shoulder, right arm, right upper extremity, and psyche. The Workers' Compensation Appeals Board denied defendant's petition for reconsideration of the July 16, 2025 Findings and Award. The WCAB affirmed the finding of permanent total disability, agreeing that the medical opinions from QMEs Dr. Rakkar and Dr. Alvarellos constituted substantial medical evidence and that the orthopedic and psychiatric impairments should be added due to a lack of overlap in their impact on daily living activities. The decision also addressed the applicability of Labor Code section 5909 regarding the timeliness of the Appeals Board's action on the petition.

WCABPetition for ReconsiderationFindings and Awardpermanent total disabilityQualified Medical ExaminerQMEDr. RakkarCRPSComplex Regional Pain SyndromeMajor Depressive Disorder

References

Case No. ADJ9823240

Regular

Aug 18, 2025

CARMEN MILLER vs. DIAMOND STAFFING SERVICES, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration in the case of Carmen Miller vs. Diamond Staffing Services, Inc. and California Insurance Guarantee Association. The petition challenged the WCJ's findings regarding the applicant's average weekly wage and the reliance on Agreed Medical Evaluator Dr. William Campbell's reports concerning permanent disability and the addition of impairment values. The Board upheld the WCJ's decision, confirming the timely action on the petition and agreeing with the WCJ's application of Labor Code section 4453(c) for wage calculation and the substantial medical evidence provided by Dr. Campbell for disability assessment.

WCABPetition for ReconsiderationLabor Code Section 5909Petition denial60-day periodTransmission of caseEAMSNotice of transmissionAgreed Medical Evaluator (AME)Dr. William Campbell

References

Case No. ADJ13011053

Regular

Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation

References

Case No. ADJ12075922

Regular

Sep 12, 2025

DANIEL STRAMBI vs. CITY OF FOSTER CITY, THE CITIES GROUP

Defendant sought reconsideration of a Findings of Fact and Award which found applicant sustained injury to multiple body parts resulting in 69% permanent disability and that defendant unreasonably delayed payment of temporary and permanent disability indemnity, leading to penalties. The Appeals Board denied the petition, agreeing with the WCJ's determination that the AME's findings on permanent disability, including the interpretation of AMA Guides for varus deformity and the adding of knee disabilities, constituted substantial evidence. The Board also upheld the imposition of penalties for the defendant's unreasonable delays in paying both temporary and permanent disability benefits.

StrambiCity of Foster CityPetition for ReconsiderationFindings of Fact and Awardpermanent disabilityAgreed Medical Evaluator (AME)Dr. Peter MandellLabor Code section 5814penaltiesunreasonable delay

References

Case No. ADJ16528931

Regular

Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner

References

Case No. ADJ14053925

Regular

May 16, 2025

AMIR BAIGMORADI vs. NEP GROUP, INC.; FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) Findings of Fact, Award & Order. The WCAB affirmed the WCJ's decision to admit the neuropsychological consultative reports of Fernando Gonzalez, Ph.D., deeming them substantial medical evidence. The Board further agreed with Dr. Gonzalez's method of adding impairment ratings for the applicant's neurological and psychiatric conditions, citing the synergistic effects on daily living activities. Additionally, the WCAB concluded that the applicant's injury, resulting from being crushed by an LED screen, constituted a "violent act" under Labor Code § 4660.1(c)(2)(A), entitling him to an increased psychiatric permanent disability rating.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemAdmissibility of medical reportsValdez v. Workers' Comp. Appeals Bd.Batten v. Workers' Comp. Appeals Bd.Qualified Medical EvaluatorSubstantial evidenceVigil v. County of Kern

References

Case No. ADJ13119496

Regular

Sep 29, 2025

Ariel Prudente vs. RJP Framing, Inc., Alaska National Insurance Company

Applicant Ariel Prudente sought removal of a WCJ's order to replace psychiatric Qualified Medical Evaluator (PQME) Dr. Peter Turek. The WCJ's decision stemmed from applicant's attorney providing "summaries and excerpts from the Kite decisions" to Dr. Turek, which was deemed a violation of Labor Code section 4062.3(b). The Appeals Board found that the WCJ's order lacked sufficient rationale and evidence of prejudice to justify Dr. Turek's replacement. Consequently, the Board granted the petition for removal, rescinded the WCJ's June 18, 2025 Findings and Order, and remanded the matter for further proceedings, emphasizing the need for less drastic measures than QME replacement.

PQMEPetition for RemovalLabor Code section 4062.3(b)Kite decisionsVigil v. County of KernSuon v. California DairiesMaxham v. California Department of Corrections and Rehabilitationex parte communicationsubstantial justiceAOE/COE

References

Case No. ADJ8240882; ADJ8240881; ADJ8615401

Regular

Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine

References

Showing 1-10 of 19 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. ADJ6866226

Regular

Sep 08, 2014

Patrick Vigil vs. Clars Estate Auction Gallery, First Comp Insurance

References

Case No. ADJ8800095

Regular

Oct 28, 2016

MARIE HINGADA vs. AXIS SPECIALTY U.S. SERVICES, INC., VIGILANT INSURANCE COMPANY

References

Case No. ADJ14789657

Regular

Oct 24, 2025

EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

WCABPetition for ReconsiderationFindings and Awardpermanent total disabilityQualified Medical ExaminerQMEDr. RakkarCRPSComplex Regional Pain SyndromeMajor Depressive Disorder

References

Case No. ADJ9823240

Regular

Aug 18, 2025

CARMEN MILLER vs. DIAMOND STAFFING SERVICES, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

WCABPetition for ReconsiderationLabor Code Section 5909Petition denial60-day periodTransmission of caseEAMSNotice of transmissionAgreed Medical Evaluator (AME)Dr. William Campbell

References

Case No. ADJ13011053

Regular

Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

References

Case No. ADJ12075922

Regular

Sep 12, 2025

DANIEL STRAMBI vs. CITY OF FOSTER CITY, THE CITIES GROUP

StrambiCity of Foster CityPetition for ReconsiderationFindings of Fact and Awardpermanent disabilityAgreed Medical Evaluator (AME)Dr. Peter MandellLabor Code section 5814penaltiesunreasonable delay

References

Case No. ADJ16528931

Regular

Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

References

Case No. ADJ14053925

Regular

May 16, 2025

AMIR BAIGMORADI vs. NEP GROUP, INC.; FEDERAL INSURANCE COMPANY

References

Case No. ADJ13119496

Regular

Sep 29, 2025

Ariel Prudente vs. RJP Framing, Inc., Alaska National Insurance Company

References

Case No. ADJ8240882; ADJ8240881; ADJ8615401

Regular

Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine

References

Showing 1-10 of 19 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.