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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ8172096
Regular
Apr 17, 2014

MARIA DEL SOCORRO MEDELLIN vs. ANNETTE ROJAS, FIRST AMERICAN SPECIALTY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the WCJ's report, which found the applicant to be an employee based on credible testimony and medical records. The defendant contended the WCJ erred in finding employment, but the WCJ found the applicant met the hours requirement under Labor Code Section 3352(h). The Board gave great weight to the WCJ's credibility findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.Labor Code Section 3352(h)housekeeperemploymentdate of injuryPetition for ReconsiderationAmended Petition
References
Case No. ADJ8750274
Regular
May 01, 2014

ISABEL FRITZ vs. DEPARTMENT OF HEALTH CARE SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who claimed a psychiatric injury due to workplace events. The administrative law judge (WCJ) found the applicant sustained an industrial injury to her psyche and that it was not substantially caused by lawful, nondiscriminatory, good faith personnel actions. The defendant filed a petition for reconsideration, challenging the applicant's credibility and the WCJ's findings. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and upholding the credibility assessment of the applicant. The WCJ's report details the legal framework for psychiatric injuries and the analysis of specific events, ultimately concluding the applicant's injury was predominantly work-related and not solely due to protected personnel actions.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityGarza v. Workmen's Comp. Appeals Bd.ADJ8750274Psychiatric InjuryLabor Code §3208.3Personnel ActionRolda v. Pitney Bowes Inc.
References
Case No. ADJ8361146
Regular
May 09, 2013

JULIAN YAC vs. NIETOS BROTHER ORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in the case of Julian Yac. The Board adopted the WCJ's report, which found the applicant was the initial physical aggressor in an altercation with a customer, barring his claim. This determination was based on witness credibility and evidence of the applicant's confrontational actions, despite not causing immediate physical harm. The WCJ's credibility findings were given great weight, as per established case law.

Workers' Compensation Appeals BoardReconsideration deniedInitial physical aggressorLabor Code Section 3600(a)(7)Credibility findingGarza v. Workers' Comp. Appeals Bd.AltercationExcessive forceThreat of bodily harmCriener v. WCAB
References
Case No. ADJ6778019
Regular
Sep 10, 2013

ZEBBIE ATKINSON III vs. VANGUARD CAR RENTAL, FIDELITY AND GUARANTEE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order to deny the applicant's claim. The applicant alleged injury to his psyche and circulatory system, but the Administrative Law Judge (WCJ) found the applicant had not met his burden of proof regarding the alleged stressful workplace events. Medical opinions supporting the applicant's claims were deemed not to constitute substantial evidence, as they relied on a history of injury found not to be credible by the WCJ. The Board adopted the WCJ's report, giving great weight to the credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibilitypsychiatric injurycirculatory systemhypertensioncumulative traumaQualified Medical EvaluationDr. Bruce Yanofsky
References
Case No. ADJ8683532
Regular
Jun 02, 2014

PATSY LAWSON WHITE vs. C&H SUGAR, ESIS

In this case, the Workers' Compensation Appeals Board (WCAB) denied C&H Sugar's petition for reconsideration. The defendant argued that the agreed medical examiner's (AME) opinion was not substantial evidence due to alleged factual discrepancies regarding a prior motor vehicle accident. However, the WCAB adopted the WCJ's report, finding the AME's opinion, combined with the applicant's credible testimony, constituted substantial evidence. The WCAB deferred to the WCJ's credibility assessment of the applicant, affirming the finding of a cumulative industrial injury to the applicant's neck and shoulders.

Workers Compensation Appeals BoardReconsideration DeniedCumulative InjuryNeckShouldersPackerProduction Work SpecialistAgreed Medical ExaminerSubstantial EvidenceCredible Testimony
References
Case No. ADJ11128741 ADJ11030691
Regular
Sep 13, 2019

BARTOLOME ENRIQUE MORAN vs. RANDSTAD, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Bartolome Enrique Moran's petition for reconsideration, upholding the WCJ's decision. The WCJ's credibility determinations regarding the applicant's testimony were given great weight, supported by the manager's testimony and a persuasive QME report. The Board found no substantial evidence to warrant rejecting the WCJ's findings that the applicant's claimed injuries lacked credible documentation and industrial causation. Therefore, the petition was denied.

Petition for ReconsiderationAugment the RecordWCAB Rule 10848WCJ credibility determinationsGarza v. Workmen’s Comp. Appeals Bd.substantial evidenceindustrial causationQME reportDr. Hanleyobjective abnormalities
References
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
Case No. ADJ6950787
Regular
Jun 22, 2012

JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility findingLabor Code §3352(h)employee definitionconflicting testimonyobservational demeanorunreliable testimonyunrebutted testimony
References
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