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

Case No. ADJ3015781 (VNO 0511310) ADJ3473132 (VNO 0544088)
Regular
Oct 25, 2011

WANDA ROYBAL vs. BARRETT BUSINESS SERVICES, INC., PINNACLE RISK MANAGEMENT

The applicant sought reconsideration of findings that her psychiatric injury from a 2004 robbery was not presumed compensable and that further medical treatment was not needed for a 2005 orthopedic injury. The Board denied reconsideration, finding insufficient evidence the employer was notified of a claimed psychological injury from the robbery within the timeframes required for a Labor Code §5402 presumption. Regarding the orthopedic injury, the Board found that while the injury was industrial, the applicant's own deposition testimony and medical records indicated no further need for treatment. The applicant's credibility regarding her knowledge of the claims process was also questioned.

ADJ3015781ADJ3473132WANDA ROYBALBARRETT BUSINESS SERVICESPINNACLE RISK MANAGEMENTRECONSIDERATIONLABOR CODE 5402PSYCHE INJURYORTHOPEDIC INJURYJANUARY 5 2005
References
1
Case No. VNO 0511310
Regular
Sep 17, 2007

Wanda Roybal vs. BARRETT BUSINESS SERVICES, INC., PINNACLE RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed petitions for reconsideration from both the applicant and defendant. This dismissal was based on the fact that the Workers' Compensation Judge (WCJ) vacated the original award, indicating the record needed further development on the issue of temporary disability. As there is no final decision and the issues are now moot, the petitions are considered premature.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityMedical EvidenceCredibilityIndustrial InjuryWCJOrder Vacating SubmissionReport and Recommendation
References
0
Case No. ADJ12448921
Regular
Apr 04, 2023

WANDA JIMENEZ vs. COUNTY OF LOS ANGELES

This case involves applicant Wanda Jimenez's claim for a psychiatric injury sustained as a detention/probation officer, stemming from sexual harassment and retaliation by a supervisor. The defendant, County of Los Angeles, sought reconsideration of the WCJ's decision, arguing insufficient explanation of findings and a barred statute of limitations. The Board denied reconsideration, finding the WCJ's report adequately explained the decision and that the statute of limitations was tolled due to the defendant's failure to provide the applicant with a claim form. Causation was established by credible applicant testimony and supporting medical reports, and the cumulative trauma period ended with the retaliation.

WCABPetition for ReconsiderationIndustrial InjuryPsycheStatute of LimitationsTolledSexual HarassmentDetention Service OfficerCumulative TraumaAOE/COE
References
13
Case No. ADJ10573361
Regular
Mar 30, 2017

WANDA VAGT vs. REXNORD INDUSTRIES, THE HARTFORD, CORVEL

This case concerns Wanda Vagt's petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to allow for a thorough review of the factual and legal issues. The underlying dispute involves a change of venue requested by the defendant, Rexnord Industries, which the Applicant argued exceeded the judge's authority. The WCAB's decision to grant reconsideration indicates they need further information to issue a just ruling on the venue dispute and other related matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationActing Presiding Workers' Compensation Law JudgeOrder Changing VenuePetition for Removalsubstantial prejudiceirreparable harmchange of venuevenue requirementsex parte appearance
References
1
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Hatch Associates Consultants, Inc.

Wanda Thompson, a Black employee, alleged racial discrimination after being laid off from her construction secretary position. She claimed she was transferred to poor field offices, received less pay than Caucasian secretaries, and was ultimately terminated, despite an "excellent" performance rating, while a less senior white employee assumed her former transit secretary role. The employer was required to hire minority workers and allegedly placed only minority clerical employees in temporary field positions. The court found that the Division of Human Rights’ determination of "no probable cause" lacked a rational basis, concluding that discrimination could be inferred from the circumstances. Therefore, the court deemed the Division's dismissal of Thompson's complaint arbitrary and capricious, reversing their decision.

Racial DiscriminationWrongful TerminationEqual Employment OpportunityAdministrative ReviewArbitrary and CapriciousProbable CauseSeniorityPay DisparityWorkplace ConditionsField Office
References
4
Case No. ADJ8218679
Regular
Aug 05, 2013

WANDA REBECCA CAREY vs. MACY'S WEST STORES, INC.

The Workers' Compensation Appeals Board (WCAB) has granted Macy's petition for reconsideration of a previous decision in the case of Wanda Rebecca Carey. This decision allows the Board to further study the factual and legal issues involved to ensure a just and reasoned outcome. Pending a new decision, all future filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to district offices or via e-filing.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemFresno District OfficeOffice of the CommissionersMacy's West StoresWanda Rebecca CareySelf-Insured
References
0
Case No. ADJ1481761 (SAC 0364589)
Regular
Oct 03, 2011

WANDA BOULT vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND

This case involves a correctional officer, Wanda Boult, seeking workers' compensation benefits for a cumulative trauma injury to her heart and cardiovascular system. The defendant, State of California, Department of Corrections, sought reconsideration of the finding that Ms. Boult is 100% permanently totally disabled. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The court found that the defendant's argument regarding Labor Code section 4658(d)(3)(A) was inapplicable because the applicant's award was based on lifetime temporary disability indemnity, not the formula in section 4658(d)(1).

Workers' Compensation Appeals BoardPermanent DisabilityLabor Code section 4658(d)Labor Code section 4659(b)Labor Code section 4662Correctional Counselor II SpecialistCumulative traumaHeart and Cardiovascular systemPrimary pulmonary hypertensionChronic supraventricular arrhythmias
References
2
Case No. 531543
Regular Panel Decision
Jan 07, 2021

Matter of Gilliam v. Doccs Wende Corr. Facility

Claimant Wanda Gilliam, a correction officer, sustained work-related injuries to her right hip and left shoulder in May 2017. Following various medical evaluations, including conflicting opinions from orthopedist Michael Grant and independent examiner Louis Nunez regarding schedule loss of use (SLU), a Workers' Compensation Law Judge initially awarded a 60% SLU of her left arm and 57.5% SLU of her right leg. Upon administrative review, the Workers' Compensation Board modified this decision, crediting Nunez's evaluation, and awarded a 30% SLU for her left arm while making no SLU award for her right leg, and also reduced the attorney's fee. The Appellate Division, Third Department, affirmed the Board's decision, determining that it was supported by substantial evidence, particularly in resolving conflicting medical opinions and exercising discretion regarding counsel fees. The court found no abuse of discretion in the reduction of attorney's fees, noting the limited period of representation.

Workers' CompensationSchedule Loss of Use (SLU)Left Arm InjuryRight Leg InjuryOrthopedic ExaminationMedical Opinion ConflictAppellate ReviewAttorney FeesDiscretionary AwardSubstantial Evidence
References
17
Case No. ADJ7670126; ADJ7670124; ADJ8134230; ADJ8134232
Regular
May 24, 2012

WANDA MCNAIR vs. CITY OF INGLEWOOD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, reversing a prior order that had taken the case off calendar. The Board found that the defendant had not acted with due diligence in preparing its case, and the applicant argued this would cause unreasonable delay in adjudicating her benefits. The Board adopted the WCJ's recommendation to return the matters to the trial level due to unresolved factual issues. The case is now scheduled for a status conference to determine necessary further proceedings.

Petition for RemovalOff Calendar OrderDue DiligenceUnreasonable DelayAdjudicate EntitlementProcedural HistoryUnresolved Factual IssuesTrial LevelStatus ConferenceRescind Order
References
0
Case No. ADJ206397 (SDO 0230395)
Regular
Mar 03, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This case involves an applicant seeking reconsideration of a workers' compensation award for admitted industrial injuries. The applicant contended the judge erred by not finding total permanent disability based on expert opinions, by miscalculating temporary disability periods, and by incorrectly determining the average weekly wage. The Board denied reconsideration, finding the judge's reliance on the agreed medical examiner's opinion regarding apportionment and disability was sound. The Board also found the issues of temporary disability rates and average weekly wage moot due to prior stipulations and the applicant's lack of standing to claim interest owed to the Employment Development Department.

Agreed Medical ExaminerApportionmentPermanent DisabilityTemporary DisabilityAverage Weekly WageVocational ExpertCumulative TraumaMedical TreatmentPsychiatric InjuryParkinson's Disease
References
7
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