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

Case No. ADJ7679237
Regular
Oct 27, 2017

VALERIE TRUJILLO vs. COLTON JOINT UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The Board found that the administrative law judge erred by failing to address the applicant's vocational expert evidence concerning permanent total disability. The Board also directed the judge to incorporate an agreed medical evaluator's opinion on right ankle impairment if the vocational evidence is rejected. Jurisdiction was reserved on the issue of permanent disability, allowing for further evaluation of the vocational evidence.

WCABPetition for ReconsiderationFindings and AwardSpecial Education AideLumbar SpineRight AnklePsychePermanent DisabilityAgreed Medical EvaluatorAMA Guides
References
8
Case No. ADJ8838103
Regular
Dec 11, 2020

STEVE BOSROCK vs. BEN R. WADSWORTH, INC., DBA VALLEY GLASS COMPANY, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The Board found the medical evaluator, Dr. Rosenberg, should have the opportunity to review subsequent vocational evidence. This vocational evidence impacted the determination of the applicant's ability to return to the open labor market and benefit from vocational rehabilitation. The case is returned to the trial level for further medical record development and a new final decision.

Permanent DisabilityApportionmentVocational ExpertMedical ApportionmentQualified Medical Evaluator (QME)AMA GuidesWhole Person Impairment (WPI)Functional Capacity EvaluationVocational RehabilitationCompensable Consequence Injuries
References
3
Case No. ADJ8189392
Regular
Jan 19, 2015

KATHRYN JOHNSON vs. STATE OF CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an award of permanent total disability. The defendant argued the vocational rehabilitation expert's report lacked substantial evidence and failed to apportion the injury. The Board found the vocational expert's opinion that the applicant was not amenable to vocational rehabilitation and had a complete loss of earning capacity was supported by medical evidence. This analysis was unaffected by the *Dahl* decision, leading to the denial of the petition.

Petition for ReconsiderationFindings and AwardNotice of IntentionVocational Rehabilitation ExpertSubstantial EvidenceApportionmentPermanent Total DisabilityLoss of Earnings CapacityDahl holdingContra Costa County v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ8561235
Regular
Dec 12, 2019

Howard Stallings vs. Newhall School District

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's decision that the applicant failed to provide substantial vocational evidence to rebut the scheduled permanent disability rating. The applicant did not sufficiently demonstrate that their future earning capacity was less than what the schedule anticipated, specifically regarding vocational rehabilitation. The WCJ's report, adopted by the Board, found a lack of evidence proving the applicant's unsuitability for vocational rehabilitation stemming from the industrial injury.

WCABPetition for ReconsiderationScheduled RatingVocational EvidenceFuture Earning CapacityOgilvieContra Costa County DahlLe BoeufAmenability to RehabilitationComplex Regional Pain Syndrome
References
3
Case No. ADJ6788617
Regular
Mar 02, 2020

JOSE MURILLO vs. ROYAL PAPER BOX COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

In this workers' compensation case, the defendant appealed the finding of permanent total disability for applicant Jose Murillo, arguing the vocational evidence was unsubstantial and improperly considered non-industrial factors. The Board affirmed the Administrative Law Judge's (WCJ) decision, finding the vocational expert's report constituted substantial evidence. The report concluded Murillo's multiple industrial impairments rendered him unable to participate in vocational rehabilitation or compete in the labor market. The Board specifically found the defendant's apportionment arguments unpersuasive.

WCABPetition for ReconsiderationPermanent Total DisabilityVocational ExpertDiminished Future Earning CapacityAgreed Medical ExaminerApportionmentContra Costa County v. DahlVocational RehabilitationResidual Functional Capacity
References
1
Case No. ADJ7253570
Regular
May 20, 2015

MICHELLE FELDHAKE vs. HOLLYWOOD VIDEO, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant, Michelle Feldhake, and defendants Hollywood Video and Liberty Mutual Insurance Company. The defendants petitioned for removal of an order that closed discovery and set the case for trial, arguing it would cause irreparable harm by preventing them from obtaining vocational evidence. The Appeals Board granted removal, rescinded the order, and returned the case to the trial level due to ambiguity regarding the timing of the applicant's vocational expert's report. This action allows defendants to potentially obtain and present their own vocational evidence.

Petition for RemovalDiminished Future Earning CapacityVocational ExpertClosing DiscoveryDue ProcessIrreparable HarmVocational EvidenceMandatory Settlement ConferenceFindings Award and OrderHome Healthcare
References
2
Case No. ADJ6692520
Regular
Jul 20, 2010

CRYSTAL VOS vs. STEVEN CHANG, DDS, ZENITH INSURANCE COMPANY

This case affirms a WCJ's decision finding the applicant sustained a 12% permanent disability. The applicant sought reconsideration, arguing the WCJ erred by limiting rebuttal evidence to "wage loss" rather than "loss of long-term earning capacity" and denying costs for a vocational expert. The Appeals Board, relying on precedent from *Ogilvie v. City and County of San Francisco*, held that the vocational expert's opinion was not substantial evidence to rebut the permanent disability rating. Therefore, the WCJ's denial of the vocational expert's costs was also affirmed.

Workers' Compensation Appeals BoardSupplemental Findings and Awardindustrial injurypermanent disabilityvocational expertwage lossloss of long-term earning capacitydiminished future earning capacity (DFEC)2005 Permanent Disability Rating ScheduleOgilvie v. City and County of San Francisco
References
4
Case No. ADJ8499678
Regular
Feb 12, 2018

TAMMY PENA RODRIGUEZ vs. VALERO, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original award, primarily allowing applicant's vocational expert report (Exhibit Z) into evidence. The Board found substantial evidence supported the finding of cumulative trauma injury to applicant's bilateral hands and feet, and upheld the May 28, 2014 permanent and stationary date, despite applicant's credibility issues. The Board also affirmed the award of attorney's fees under Labor Code section 5710 and reimbursement for the vocational report's costs, finding them reasonable and supported by the evidence.

Cumulative Trauma InjuryBilateral HandsBilateral FeetTemporary Total DisabilityPermanent DisabilityVocational ReportLabor Code Section 5710Petition for ReconsiderationAgreed Medical Evaluator (AME)Sub Rosa Surveillance
References
9
Case No. ADJ1862235 (FRE 0206581) ADJ1010899 (FRE 0206582)
Regular
Dec 17, 2014

ORVIL MARTIN vs. NATIONAL CEMENT/BUILDERS, CONFRETE, AMERICAN CASUALTY COMPANY, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked substantial evidence regarding the applicant's 100% permanent disability rating and apportionment between two industrial injuries. Specifically, the WCAB noted insufficient medical and vocational evidence to fully explain the permanent disability, especially considering the applicant's attempted vocational rehabilitation. The board emphasized the need for updated medical reports, proper apportionment of psychiatric injury, and thorough vocational expert analysis.

ApportionmentVocational feasibilityDiminished Future Earning Capacity (DFEC)Cumulative traumaSpecific injuryAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Substantial evidenceReconsiderationFurther proceedings
References
0
Case No. ADJ9025732
Regular
Apr 07, 2023

ALBERT MATA vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent total disability for the applicant, Albert Mata. The defendant argued that the applicant's vocational counselor's reports and medical reports did not constitute substantial evidence for total disability. However, the Board affirmed the Administrative Law Judge's decision, finding the vocational expert's opinions were substantial evidence, not based on speculation, and correctly applied California's 2005 Permanent Disability Rating Schedule for psychiatric impairments. Therefore, the Board concluded the applicant was precluded from vocational rehabilitation and participating in the labor force.

Permanent total disabilityPsychiatric injuryVocational Rehabilitation CounselorAmerican Medical Association GuidesGlobal Assessment of FunctioningPermanent Disability Rating ScheduleSubstantial evidencePetition for ReconsiderationAdministrative Law JudgeAgreed Medical Examiner
References
7
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