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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

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

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270
Regular
Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

The Appeals Board granted reconsideration to allow reimbursement for the applicant's vocational expert fees, reversing the WCJ's decision. The Board found it reasonable for the applicant to hire his own vocational expert to rebut the defendant's expert, especially given the passage of time since the original vocational feasibility report. Consequently, the defendant was ordered to reimburse the applicant's attorney for the $1,075.00 vocational expert cost.

Workers' Compensation Appeals BoardReconsiderationExpert Witness FeesVocational ExpertLabor Code Section 5811Qualified Rehabilitation Representative (QRR)LeBoeuf argumentAgreed Medical Examination (AME)Permanent DisabilityIndustrial Injury
References
Case No. ADJ8210063; ADJ8621818
Regular
Feb 27, 2025

GRACE NUNES vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES; administered by STATE COMPENSATION INSURANCE FUND

Grace Nunes, an applicant, sustained industrial injuries to her neck, left shoulder, and bilateral upper extremities while employed by the State of California, Department of Motor Vehicles. Following a prior reconsideration, the Workers' Compensation Appeals Board (WCAB) clarified that 'vocational apportionment' is impermissible and vocational evidence must align with medical apportionment. The Workers' Compensation Judge (WCJ) ordered further development of the record with the Qualified Medical Evaluator (QME) and vocational experts to comply with the Board's decisions. Applicant petitioned for reconsideration or removal of this interlocutory order, which the Appeals Board denied, affirming the WCJ's discretion to develop the record for a just and reasoned decision.

Industrial injuryNeck injuryShoulder injuryBilateral upper extremitiesField representativeVocational retrainingPermanent and total disabilityVocational apportionmentMedical apportionmentQualified Medical Evaluator
References
Case No. ADJ2649808 (STK 0209059)
Regular
May 16, 2017

CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 100% permanent disability for an admitted back injury. The defendant argued the vocational expert's report was flawed and unsubstantiated, but the Board affirmed the WCJ's finding of credibility. The WCJ's decision correctly applied *Dahl* to find the applicant not amenable to vocational rehabilitation due to his functional limitations, pain, and depression. The Board also rejected the defendant's attempt to admit newly discovered evidence, as it did not meet the criteria for such admission.

Vocational evaluatorpermanent disabilityreconsiderationindustrial injuryvocational reportingmedical evidencesubjective evidencedepressionvocational rehabilitationchronic pain
References
Case No. FRE 0065599
Regular
Mar 04, 2008

JOHN ALLEN vs. KENT MAGNELL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied John Allen's petition for reconsideration, affirming the WCJ's decision to terminate his vocational rehabilitation services due to a consistent failure to cooperate. The Board found that Allen's persistent insistence on a specific, unachievable vocational goal, coupled with his refusal to undergo necessary medical evaluations and provide requested records, led to the impasse. Consequently, his request for retroactive benefits and vocational rehabilitation was denied.

Workers' Compensation Appeals BoardVocational RehabilitationPetition for ReconsiderationFindings and OrderRehabilitation UnitSuitable Gainful EmploymentVocational Rehabilitation Maintenance AllowanceAverage Weekly EarningsTemporary Disability IndemnityCompromise and Release
References
Case No. ADJ1966312 (AHM 0071600)
Regular
Jul 02, 2009

CHERYL BOND-DICKEY vs. LAW OFFICE OF SATIN & RUSSELL, SCIF INSURED SANTA ANA

This case involves a defendant's petition for reconsideration of a finding of 100% permanent disability for a paralegal/file clerk who sustained an industrial injury. The defendant argued the vocational expert's evaluation was insufficient. However, the Appeals Board denied reconsideration, finding the defendant failed to request further vocational evaluation at trial or provide rebuttal evidence. The Board also noted the defendant's petition lacked the specific detail and record references required by regulation.

Workers Compensation Appeals BoardFindings Award and Orderspermanent disabilityvocational expertopen labor marketpetition for reconsiderationagreed vocational evaluatorsubstantial medical evidenceReport and Recommendationindustrial injury
References
Case No. ADJ7899375
Regular
Apr 06, 2020

AMANDA CULVER vs. INITIATIVE FOODS, UNITED STATES FIRE INSURANCE COMPANY, CRUM AND FORSTER

This case involves Amanda Culver's claim for permanent total disability due to a 2010 industrial injury resulting in a fall down stairs. The defendant, Initiative Foods, contested the finding of 100% permanent disability, arguing the Administrative Law Judge (ALJ) improperly relied on an Independent Vocational Evaluator (IVE) and overlooked their own vocational expert. The Workers' Compensation Appeals Board affirmed the ALJ's decision, finding the IVE's report constituted substantial evidence supporting the applicant's permanent total disability. The Board found the defendant's arguments regarding the IVE's methodology and reliance on medical reports unconvincing.

Independent Vocational Evaluatorvocational rehabilitationpermanent total disabilityorthopedic injurypsychiatric injuryapportionmentAgreed Medical Examinerwork restrictionsvocational testingsubstantial evidence
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. SFO 0500209
Regular
Jul 01, 2008

LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, amending the prior award to allow the employer a credit against Vocational Rehabilitation Maintenance Allowance (VRMA) for wages earned by the applicant from subsequent employment. While the applicant was found to be a Qualified Injured Worker (QIW) entitled to vocational rehabilitation services and VRMA, the Board distinguished this case from *Gamble v. Workers' Comp. Appeals Bd.*, finding that the applicant's subsequent employment replaced her injured position rather than being concurrent. Therefore, allowing the credit prevents the applicant from receiving a windfall and is consistent with the wage-loss basis of temporary disability indemnity.

Qualified Injured WorkerVocational Rehabilitation ServicesVocational Rehabilitation Maintenance AllowanceVRMATemporary Disability RateCredit for Wages EarnedWage Loss BasisRehabilitation UnitFindings Order AwardPetition for Reconsideration
References
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