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

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
3
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
Case No. MISSING
Regular Panel Decision
Dec 21, 1995

In re Jordan Rehabilitation Service, Inc.

Jordan Rehabilitation Service, Inc., providing medical and vocational rehabilitative services, appealed a decision by the Unemployment Insurance Appeal Board. The Board assessed additional unemployment insurance contributions, finding that specialists hired by Jordan were employees, not independent contractors, between 1989 and 1991. The court reviewed whether there was substantial evidence to support the Board's conclusion of an employer-employee relationship. Key factors included Jordan's control over recruitment, screening, compensation, billing, and contractual restrictions on specialists. Ultimately, the court affirmed the Board's decision, determining that Jordan exercised sufficient overall control to establish an employer-employee relationship and thus was liable for the contributions.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorRehabilitation ServicesLabor LawSubstantial EvidenceControl TestJudicial ReviewAdministrative Law JudgeDepartment of Labor
References
8
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. ADJ3677747 (ANA 0406009) ADJ6794905
Regular
Jul 17, 2017

GREGORY FRITZ vs. SERVICE FIRST LIGHTING AND ELECTRIC, CASTLEPOINT NATIONAL INSURANCE COMPANY

This Workers' Compensation Appeals Board decision rescinds a prior award of total permanent disability due to insufficient evidence on the applicant's amenability to vocational rehabilitation. While vocational experts opined the applicant couldn't compete in the labor market, their reports did not adequately address rehabilitation potential. The case is remanded to the trial level for further development of the record on rehabilitation and a new decision regarding permanent disability, either by rebutting the scheduled rating or proving total disability under Labor Code section 4662(b).

Workers Compensation Appeals BoardIndustrial InjuryTotal Permanent DisabilityLabor Code Section 4662ReconsiderationVocational ExpertsAmenability to RehabilitationPermanent Disability Rating ScheduleApportionmentQualified Medical Evaluator
References
10
Case No. ADJ3680333 (LAO 0797706), ADJ1445214 (LAO 0814077), ADJ4283483 (LAO 0885924)
Regular
May 01, 2009

TANNY L. ROBERTS vs. WEBER METALS, AMERICAN INSURANCE COMPANY, ASSOCIATES INDEMNITY CORPORATION, FIREMAN'S FUND INSURANCE COMPANY, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES

Defendant Fireman's Fund sought reconsideration of a Finding and Order that relieved defendant AIG from vocational rehabilitation liability. The WCJ's decision was based on an Agreed Medical Examiner's report stating the need for rehabilitation was solely attributable to a cumulative trauma injury covered by Fireman's Fund. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case to the trial level. This action was to allow consideration of the impact of Labor Code Section 139.5's repeal on vocational rehabilitation claims.

Vocational rehabilitationCumulative traumaMedical opinionPermanent disabilityRehabilitation UnitSpecific injuryFindings and OrderReconsiderationLabor Code Section 139.5Agreed Medical Examiner
References
1
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. 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
0
Case No. 9420257 [MF]; 8802141 [2] 8802135 [3]
Regular
Nov 02, 2019

RICHARD GLASSMAN vs. STATE OF CALIFORNIA DEPT OF CORRECTIONS & REHABILITATION

The Workers' Compensation Appeals Board denied reconsideration of a decision finding the applicant permanently and totally disabled. The defendant contended the Administrative Law Judge erred by relying on the applicant's vocational expert, psychiatric AME, and inadmissible reports, and making a determination contrary to *Fitzpatrick*. The Board found the ALJ's reliance on the vocational expert and AME was supported by evidence, and the applicant's credibility was not impeached. While an inadmissible report was considered for jaw injury, it was deemed inconsequential to the permanent disability rating. The Board found the decision was consistent with the facts and medical opinions presented.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanently Totally DisabledVocational ExpertAgreed Medical ExaminerPsychiatric AMETreating PhysicianLabor Code § 5903Admitted InjuryCombined Values
References
3
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