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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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
Case No. FRE 0191108
Regular
Oct 01, 2007

RICK L. REITZ vs. COUNTY OF FRESNO, CLAIMS MANAGEMENT, INC.

This case involves a worker's compensation claim where the applicant, a Corrections Officer, sustained industrial injuries to his low back and legs, leading to significant permanent disability. Despite completing a prior vocational rehabilitation plan, the applicant was approved for a second plan and awarded vocational rehabilitation maintenance allowance (VRMA) for a period when benefits were initially denied. The defendant appealed, arguing the second plan was unwarranted and the VRMA award inequitable, but the Board denied reconsideration, upholding the award based on existing case law, though expressing concern over delays.

Second vocational rehabilitation planVocational rehabilitation maintenance allowanceVRMACounty Service Disability RetirementRehabilitation Unit determinationProbation TechnicianMedical feasibilityIndustrial injuryLow backLegs
References
Case No. ADJ1908213
Regular
Mar 11, 2009

ROBERT WARD vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, PSI AND ADJUSTED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's decision that applicant was entitled to retroactive vocational rehabilitation maintenance allowance (VRMA) but not at the delay rate. The Board found the delay in VRMA reinstatement was caused by the applicant's pursuit of a settlement rather than the employer's actions. The issue of a Labor Code section 5814 penalty was deferred by the WCJ and therefore not addressed in this order.

Vocational Rehabilitation Maintenance AllowanceVRMA delay rateLabor Code section 5814 penaltyretroactive VRMAPetition for Reconsiderationindustrial injurypermanent disabilityvocational rehabilitation benefitssettlement negotiationsRehabilitation Unit
References
Case No. AHM 0091706 AHM 0102322
Regular
Aug 22, 2007

MATTHEW MCCORD vs. COUNTY OF SANTA BARBARA, RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the prior award of vocational rehabilitation maintenance allowance (VRMA) for applicant Matthew McCord. The Board found that McCord's liability for vocational rehabilitation services ended on October 17, 2003, the scheduled termination date of his rehabilitation plan. McCord's failure to complete the plan, despite receiving one, and his subsequent return to work as a court bailiff, rendered him ineligible for VRMA after that date.

Workers' Compensation Appeals BoardVocational RehabilitationCollateral EstoppelRes JudicataNotice of Potential Eligibility (NOPE)Vocational Rehabilitation Maintenance Allowance (VRMA)Qualified Injured Worker (QIW)Rehabilitation PlanMedical RestrictionsRetirement Board
References
Case No. ADJ1629575 (MON 0296496)
Regular
Oct 06, 2008

SCOTT BICKLEY vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT, TRISTAR RISK MANAGEMENT

The Appeals Board granted reconsideration and reversed the WCJ's decision, finding applicant was not entitled to retroactive vocational rehabilitation maintenance allowance (VRMA) at the delay rate. The Board reasoned that no delay in VRMA provision occurred as applicant declined services at the initial meeting, negating the applicability of Labor Code section 4642. Therefore, applicant is not entitled to the claimed VRMA payments from February 7, 2006, to September 5, 2007.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance AllowanceVRMADelay RateLabor Code Section 4642Qualified Rehabilitation RepresentativeQRRVocational Rehabilitation ServicesRetroactive PaymentsSettlement
References
Case No. VNO 382502; VNO 382503 VNO 382504; VNO 382505
Regular
May 15, 2008

DOREEN JONES vs. DAVID & BARBARA SALKIN, SPECIALTY RISK SERVICES, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend a previous decision regarding retroactive vocational rehabilitation maintenance allowance (VRMA). The Board affirmed the applicant's entitlement to VRMA but modified the order to allow the defendant credit for VRMA paid during a specific period. The issue of a potential penalty for unreasonable delay was deferred pending further record development.

Vocational Rehabilitation Maintenance AllowanceVRMARehabilitation UnitReconsiderationFindings and OrderWorkers' Compensation Appeals BoardWCJPenaltyLabor Code Section 5814(a)Credit
References
Case No. ADJ4604540 (VNO 0382502)
Regular
Apr 25, 2011

DOREEN JONES vs. DAVID & BARBARA SALKIN, ITT SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The WCJ had awarded vocational rehabilitation services and maintenance allowance at a delayed rate, plus penalties and interest, based on a final Rehabilitation Unit determination. However, the Board found that the WCJ exceeded the scope of the issues presented at the hearing, denying the defendant due process. Therefore, the case was returned to the trial level for clarification and proper adjudication of all outstanding issues.

Workers' Compensation Appeals BoardVocational Rehabilitation UnitVocational Rehabilitation Maintenance AllowanceVRMAJoint Findings and AwardWorkers' Compensation JudgeWCJRehabilitation UnitDue ProcessJurisdiction
References
Case No. ADJ2477078 (SAC 0271339)
Regular
Aug 28, 2009

Frances Carlson vs. Blue Cross of California, California Insurance Guarantee Association (for Fremont, in Liquidation)

This case concerns applicant Frances Carlson's claim for vocational rehabilitation maintenance allowance (VRMA) benefits stemming from a cumulative trauma injury ending October 16, 1996. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the trial judge's award of VRMA. This decision was based on the en banc rulings in *Weiner I* and *Weiner II*, which held that the repeal of Labor Code section 139.5 terminated rights to vocational rehabilitation benefits for awards not final before January 1, 2009. Since Carlson's VRMA claim was not final before that date, the WCAB found it lacked jurisdiction and rescinded the award.

CIGAFremont in liquidationcumulative traumaVocational Rehabilitation Maintenance AllowanceVRMANotice of Potential EligibilityNOPELabor Code section 139.5Weiner v. Ralphs Companyvested rights
References
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