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

Case No. ADJ9166524
Regular
Feb 24, 2015

MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

AOE/COEPetition for ReconsiderationWCJ credibility determinationpost-termination defenseDover v. Fresh Start Bakeriescontemporaneous notification exceptionpreponderance of the evidenceindustrial clinic diagnosislumbar sprainmuscle spasm
References
3
Case No. ADJ10161297
Regular
Nov 17, 2017

LUIS CHAVEZ vs. SYSCO, AMERICAN ZURICH INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the administrative law judge's (WCJ) findings. The WCJ found the applicant not to be a credible witness, largely due to discrepancies between his reported limitations and observed activities in subrosa video evidence. Consequently, the WCJ determined that the applicant failed to prove his injury arose out of and occurred in the course of his employment (AOE/COE). The WCAB gave great weight to the WCJ's credibility determination, finding no substantial evidence to warrant overturning it.

WCABPetition for ReconsiderationCredibility DeterminationSubrosa VideoAOE/COERange of MotionAMA GuidelinesSubstantial Medical EvidenceCausationModified Work
References
9
Case No. ADJ9693295, ADJ9797058
Regular
Nov 09, 2017

TONY THANG PHUNG vs. METIS TPS LLC, INSURANCE COMPANY OF THE WEST

The Appeals Board dismissed the Petition for Removal, ruling that reconsideration was the proper remedy. The Board denied the Petition for Reconsideration, adopting the WCJ's findings and credibility determinations. The WCJ found the applicant sustained injury arising out of and occurring in the course of employment (AOE/COE). Great weight was given to the WCJ's credibility determinations due to the opportunity to observe witness demeanor.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationAOE/COEWCJ credibility determinationfinal orderthreshold issueadequate remedyRymer v. HaglerSafeway Stores
References
5
Case No. ADJ92-42068
Regular
Mar 02, 2018

FRANCINE MORALES vs. LOTION AND LACE, INC., WILLIAMSBURG NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found the applicant lacked credibility due to inconsistencies in her testimony and medical histories. The WCJ determined the applicant failed to prove her injury arose out of and occurred in the course of employment (AOE-COE) due to unsubstantiated medical evidence and her job duties not being physically arduous as claimed. The Board gave great weight to the WCJ's credibility determinations, finding no substantial evidence to warrant rejection.

WCABPetition for ReconsiderationWCJcredibility determinationsubstantial evidenceAOE-COELC 4062medical reportscumulative injuryorthopedic
References
3
Case No. ADJ7503292
Regular
Mar 26, 2013

RIGOBERTO MENDOZA vs. PIZZA MIZZA, GUARD INSURANCE GROUP

The Workers' Compensation Appeals Board denied Rigoberto Mendoza's petition for reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) finding that Mendoza did not sustain the alleged industrial injury. The WCJ's decision was based on an evaluation of witness credibility and inconsistencies in Mendoza's account of the injury. Specifically, the WCJ found the employer's testimony more credible regarding the timing and nature of the reported injury. The Board gave great weight to the WCJ's credibility determination, leading to the denial of reconsideration.

WCABPetition for ReconsiderationDenialCredibilityGarza v. Workers' Comp. Appeals Bd.ApplicantEmployerIndustrial InjuryBack InjuryLeg Injury
References
1
Case No. ADJ10843290
Regular
Aug 21, 2018

MANUEL SOLIS vs. DECORE-ATIVE SPECIALTIES, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the WCJ's report, which found that while an injury occurred, the claim was barred by the statute of limitations. This decision was based on the WCJ's credibility determinations, which found the applicant's testimony regarding reporting the injury to his employer to be not credible. The Board gave great weight to the WCJ's observations of witness demeanor, finding no substantial evidence to warrant overturning these credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ Credibility DeterminationsStatute of LimitationsLachesTimely Reporting of InjuryMachine OperatorRight Shoulder InjuryRight Arm InjurySpecific Injury
References
1
Case No. ADJ6484815
Regular
Feb 10, 2010

EXWUTOSI ONYIUKE DIKE EMUEZE vs. UCLA MEDICAL CENTER; SEDGWICK UC 14533 LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB found that the administrative law judge (WCJ) improperly changed his credibility determinations regarding the applicant without sufficient explanation. Due to the conflicting decisions and the unavailability of the original WCJ to explain the shift in credibility findings, the case is returned to the trial level for a new trial. A different WCJ will rehear the case and issue a new decision, addressing all disputed issues, including witness credibility.

ReconsiderationCredibility DeterminationRescinded DecisionNew TrialWitness DemeanorIndustrial CausationWCJ ReportTrial LevelAppeal BoardMedical Reports
References
2
Case No. ADJ10257125
Regular
Apr 27, 2018

THERESA LOCKHART vs. COUNTY OF RIVERSIDE

This case involves applicant Theresa Lockhart's claim for workers' compensation benefits for a right shoulder injury. The Workers' Compensation Appeals Board denied her Petition for Reconsideration, upholding the Administrative Law Judge's (WCJ) decision. The WCJ found Lockhart's testimony lacked credibility, noting inconsistencies regarding the cause and timing of her injury. Specifically, defense witnesses credibly testified Lockhart admitted to injuring her shoulder lifting a grandchild prior to her claimed industrial injury. The Board gave great weight to the WCJ's credibility determinations, finding no substantial evidence to overturn them.

Petition for ReconsiderationWorkers' Compensation Appeals BoardApplicantDefendantWCJcredibility determinationsindustrial injuryright shoulderarmswrists
References
1
Case No. ADJ12616197
Regular
Jan 12, 2022

VANESSA FATZER (Deceased) KATRINA S. HAGEN, Director of Department of Industrial Relations, administrator for Death Without Dependents Unit JOEL STAPLETON III vs. KELLY-MOORE PAINT COMPANY INC., ACE AMERICAN INSURANCE COMPANY, administered by ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior finding, and returned the case to the WCJ for further proceedings. The Board found that the original decision, which determined Mr. Stapleton was a partial dependent of the deceased, was not supported by substantial evidence. Specifically, the WCJ's credibility assessment of Mr. Stapleton and his father was insufficient as their testimony was solely from deposition transcripts and they were not called as witnesses at trial. The Board emphasized that deposition testimony alone is insufficient to establish credibility for a dependency determination.

Death Without Dependents UnitPartial DependentLabor Code Section 4706.5Dependency DeterminationCredibility of WitnessesDeposition TestimonySubstantial EvidenceFurther ProceedingsReconsiderationRescission
References
17
Case No. ADJ7430217
Regular
May 17, 2012

LETICIA FLORES vs. RABOBANK; CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of the applicant's claim for injuries sustained from continuous trauma at Rabobank. The Board adopted the WCJ's report, which found the applicant's orthopedic injuries arose out of and in the course of employment, relying heavily on the credible testimony of the applicant and the persuasive report of the Agreed Medical Examiner. Despite the defendant's arguments regarding lack of prior medical complaints and other activities, the WCJ found the applicant's testimony credible and the Agreed Medical Examiner's findings sufficient to support an award of temporary disability benefits. The Board affirmed the WCJ's findings, extending great weight to the credibility determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerInjury AOE/COEContinuous TraumaTemporary DisabilityCredibility FindingLabor Code Section 3202.5Liberal ConstructionPreponderance of Evidence
References
6
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