Updated Daily

Case Law Database

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

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. ADJ8772254

Regular

Jul 20, 2017

Lorenzo Hernandez vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Lorenzo Hernandez's petition for reconsideration, upholding the original award of 24% permanent disability for a right shoulder injury. The applicant argued that a vocational expert's report should have rebutted the scheduled disability rating, but the Board found this report insufficient. Relying on *Ogilvie* and *Dahl*, the Board determined that an applicant's amenability to vocational rehabilitation precludes using vocational expert testimony to challenge a scheduled rating based on lost earning capacity. Therefore, the vocational expert's opinion was deemed not substantial evidence to overcome the QME's scheduled rating.

Workers' Compensation Appeals BoardPermanent DisabilityVocational ExpertQualified Medical EvaluatorScheduled RatingReconsiderationLabor Code §4660.1AMA Guides 5th EditionAmenability to Vocational RehabilitationDiminished Future Earning Capacity

References

Case No. ADJ10817362; ADJ10814219; ADJ10815251

Regular

Apr 14, 2023

SHANE PERRY vs. MASTEC, INC., ACE AMERICAN INSURANCE, ADMINISTERED BY ESIS

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original decision finding the applicant permanently and totally disabled, with one amendment. The Board agreed to exclude the applicant's vocational rebuttal expert's report, as recommended by the Workers' Compensation Judge. However, the Board rejected the defendant's arguments regarding a subsequent injury, the vocational expert's legal standard, and the exclusion of defense vocational expert evidence.

Permanent and Total DisabilityVocational ExpertPetition for ReconsiderationMedical EvidenceLegal StandardAdmissibility of EvidenceCompensable Consequence InjuryLabor Market AccessDiminished Future Earning CapacityQME Reporting

References

Case No. ADJ4280526 (OXN 0148727)

Regular

Dec 09, 2013

CLARA ARBIZU vs. WESTAC, INC., WAUSAU INSURANCE COMPANY

This case concerns an applicant's request for the defendant to prepay the cost of a vocational expert. The Appeals Board affirmed the original decision that defendants are not obligated to prepay these expenses. However, the Board clarified that vocational expert costs are considered medical-legal expenses under Labor Code section 4620 et seq., and defendants are liable for reasonable and necessary expenses incurred for proving or disproving a contested claim. The parties are ordered to proceed with a vocational expert evaluation, with the defendant ultimately responsible for the costs.

ArbizuVocational expertPrepaymentMedical-legal expenseLabor Code Section 4620Labor Code Section 4621Labor Code Section 5811Labor Code Section 5708Ogilvie analysisWhole Person Impairment

References

Case No. ADJ7682218

Regular

Aug 05, 2015

RICHARD ROSSI vs. BINKS MANUFACTURING COMPANY, TIG INSURANCE COMPANY, ZENITH [RIVER STONE GROUP], HARTFORD INSURANCE, ACE INSURANCE COMPANY, COMMERCE AND INDUSTRY INSURANCE, AIG DOMESTIC CLAIMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, AMERICAN MOTORISTS INSURANCE COMPANY, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, LUMBERMEN'S MUTUAL CASUALTY, ILLINOIS TOOL WORKS, FINISHING BRANDS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE

The Appeals Board granted reconsideration to address applicant's contentions regarding the admissibility of vocational expert reports and his disability level. The Board reversed the exclusion of applicant's vocational expert reports, finding they should have been admitted into evidence despite CIGA's claims of insufficient notice. Issues regarding applicant's permanent disability exceeding 79%, entitlement to additional attorney's fees, and CIGA's liability for the vocational expert's costs were deferred. The case was returned to the trial level for further proceedings and decisions on these deferred issues.

CIGAvocational expertpermanent disabilityindustrial injurycancerlatency perioddue processsubstantial evidenceadmissibilityreconsideration

References

Case No. ADJ7399938 ADJ7068967

Regular

Jun 23, 2015

OLENA GARCIA vs. RESIDENCE INN, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA

The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further development of the record. The initial award found permanent total disability based on a vocational expert's opinion, but the Board found this opinion lacked substantial medical evidence. Specifically, the medical expert's supplemental report was not based on a current evaluation, and the vocational expert's conclusions, relying on that report, were therefore also flawed. The matter is remanded to allow for a current medical evaluation and reassessment of vocational rehabilitation and diminished earning capacity.

Workers' Compensation Appeals BoardPermanent Total DisabilityJoint Findings and AwardVocational ExpertSubstantial EvidenceScheduled RatingFunctional Capacity EvaluationAgreed Medical ExaminerApportionmentModified Work

References

Case No. ADJ358084 (OAK 0320488)

Regular

Dec 19, 2008

Samuel Arledge vs. RGW Construction, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of a prior award finding the applicant sustained 39% permanent disability. The applicant argued for 100% disability based on a vocational expert's opinion and Labor Code section 4662. The Board found the WCJ erred by not fully considering the vocational expert's opinion, specifically regarding the applicant's employability and earning capacity post-injury. The case is remanded to the trial level for further proceedings to re-evaluate the vocational expert's findings and determine the applicant's total disability status.

Workers' Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityVocational ExpertLabor Code Section 4662Qualified Medical EvaluatorImpairment RatingWPIFunctional Capacity EvaluationTransferable Skills

References

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

Case No. ADJ11197264

Regular

Apr 13, 2023

CECILIA MENDOZA vs. BERRYESSA CONTRACTING, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed a prior decision awarding 25% permanent disability for industrial injuries to the applicant's left shoulder, neck, left lower arm, and upper back. The applicant contended the judge erred by not developing the medical-legal record regarding her vocational expert and by not awarding a higher disability rating based on vocational expert opinions. The Board found the applicant's vocational expert's opinions unreliable due to misunderstandings of her physical restrictions and other inaccuracies. Therefore, the applicant failed to rebut the scheduled permanent disability rating of 25%.

Workers' Compensation Appeals BoardReconsiderationVocational ExpertPermanent Disability RatingAMA GuidesLabor Code Section 4660.1Scheduled Permanent Disability RatingWhole Person ImpairmentVocational RehabilitationSubstantial Evidence

References

Case No. ADJ4484509

Regular

Feb 28, 2011

GANCZO CHRISTOV vs. AUCTION AUTO PREP CORPORATION, ZENITH INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to the lien claimant, Vasquez Vocational Experts, Inc., challenging the disallowance of their $2,480.00 lien for vocational expert services. The WCAB found that the original judge erred in determining there was no legal basis for reimbursement, as vocational expert costs are allowable under Labor Code section 5811. The Board held that the services were reasonably and necessarily incurred by the applicant to evaluate diminished future earning capacity, irrespective of whether a formal rating had been issued. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardVocational ExpertLien ClaimReconsiderationFindings and OrderCompromise and ReleasePermanent Disability RatingDiminished Earning CapacityLabor CodeCompensable Services

References

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Updated Daily

Case Law Database

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

Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270

Regular

Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

References

Case No. ADJ8772254

Regular

Jul 20, 2017

Lorenzo Hernandez vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ10817362; ADJ10814219; ADJ10815251

Regular

Apr 14, 2023

SHANE PERRY vs. MASTEC, INC., ACE AMERICAN INSURANCE, ADMINISTERED BY ESIS

References

Case No. ADJ4280526 (OXN 0148727)

Regular

Dec 09, 2013

CLARA ARBIZU vs. WESTAC, INC., WAUSAU INSURANCE COMPANY

ArbizuVocational expertPrepaymentMedical-legal expenseLabor Code Section 4620Labor Code Section 4621Labor Code Section 5811Labor Code Section 5708Ogilvie analysisWhole Person Impairment

References

Case No. ADJ7682218

Regular

Aug 05, 2015

RICHARD ROSSI vs. BINKS MANUFACTURING COMPANY, TIG INSURANCE COMPANY, ZENITH [RIVER STONE GROUP], HARTFORD INSURANCE, ACE INSURANCE COMPANY, COMMERCE AND INDUSTRY INSURANCE, AIG DOMESTIC CLAIMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, AMERICAN MOTORISTS INSURANCE COMPANY, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, LUMBERMEN'S MUTUAL CASUALTY, ILLINOIS TOOL WORKS, FINISHING BRANDS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE

CIGAvocational expertpermanent disabilityindustrial injurycancerlatency perioddue processsubstantial evidenceadmissibilityreconsideration

References

Case No. ADJ7399938 ADJ7068967

Regular

Jun 23, 2015

OLENA GARCIA vs. RESIDENCE INN, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA

References

Case No. ADJ358084 (OAK 0320488)

Regular

Dec 19, 2008

Samuel Arledge vs. RGW Construction, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ6692520

Regular

Jul 20, 2010

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

References

Case No. ADJ11197264

Regular

Apr 13, 2023

CECILIA MENDOZA vs. BERRYESSA CONTRACTING, INCORPORATED, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ4484509

Regular

Feb 28, 2011

GANCZO CHRISTOV vs. AUCTION AUTO PREP CORPORATION, ZENITH INSURANCE

References

Showing 1-10 of 671 results

Ready to streamline your practice?

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