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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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
References
Case No. ADJ6712189 ADJ8855907
Regular
Jun 11, 2013

DIANA GILES vs. ORANGE CANYON VILLAGE DRY CLEANERS

The Workers' Compensation Appeals Board granted reconsideration due to irreconcilable findings by the WCJ, specifically finding one cumulative trauma injury in one finding and two in another within the same period. The WCJ also appeared to issue findings for two injuries under a single case number. The Board rescinded the WCJ's decision, returning the case for further proceedings to ensure internal consistency and due process for both parties on the disputed injury issues.

ADJ6712189ADJ8855907cumulative trauma injuryirreconcilable findingspetition for reconsiderationrescinded decisionreturned for further proceedingsinternal consistencydue processAppeals Board
References
Case No. ADJ1566624 (MON 0329177) ADJ4125360 (MON 0329180)
Regular
Jul 19, 2011

LAURA LINDQUIST vs. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE; CORVEL CORPORATION

This case concerns the correct permanent disability rating schedule to apply for an injury occurring before January 1, 2005. The Board affirmed the WCJ's decision to use the 1997 PDRS, finding an exception applied due to prior medical reporting indicating permanent disability. However, the Board amended the permanent disability indemnity award and attorney's fee amount based on the WCJ's correction of a mathematical error. The case is returned to the trial level for further proceedings reflecting this corrected award.

WORKERS' COMPENSATION APPEALS BOARDFindings and AwardPetition for ReconsiderationFindings of Factpermanent disabilitypermanent disability indemnity2005 Permanent Disability Rating Schedule1997 Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician
References
Case No. ADJ698188 (LAO 0876540), ADJ1110681 (LAO 0876542)
Regular
Jan 19, 2017

SILVIA ESPIRIAN vs. COUNTY OF LOS ANGELES

The Appeals Board granted reconsideration and rescinded prior findings that the applicant sustained no industrial injury. The Board found that the WCJ's decisions lacked sufficient analysis and failed to articulate specific reasons and evidence relied upon for each determination. Consequently, the matter is returned to the trial level for further proceedings and new decisions by the WCJ. A potential typographical error in one of the prior findings was also noted.

Petition for ReconsiderationFindings and OrderFindings and AwardWCJIndustrial InjuryNeck InjuryBack InjuryHip InjuryKnee InjuryPsyche Injury
References
Case No. ADJ11369357, ADJ11369329
Regular
May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician
References
Case No. ADJ401657
Regular
Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's Findings and Orders (F&O) in the case of Roberto Duran against Foto-Kem Industries. The WCJ had previously found the defendant bound by stipulations of cumulative injury, but the Appeals Board ruled these stipulations unenforceable. After reviewing the Agreed Medical Evaluator (AME) Dr. Siebold's reports, the Board found his opinion constituted substantial evidence. Consequently, the Appeals Board rescinded the prior F&O and substituted a new F&O, finding that the applicant sustained cumulative injury to his cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee during his employment from January 1, 1995, through June 28, 2007.

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside
References
Case No. ADJ9254420; ADJ9253953
Regular
Mar 05, 2018

LORENA LOPEZ vs. DOLAN FOSTER ENTERPRISES dba TACO BELL, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE CO.

This case involves two workers' compensation claims for cumulative trauma injuries to an applicant's neck, back, arms, and shoulders sustained while working at Taco Bell. The defendant sought reconsideration, arguing a due process violation due to the WCJ finding cumulative trauma injuries after parties stipulated to specific injuries. The Appeals Board affirmed the WCJ's decision, holding that the WCJ properly amended pleadings to conform to proof based on AME medical reports, and the defendant had ample notice of the potential for cumulative trauma claims, thus not violating due process. The Board also found the AME's use of grip strength for impairment assessment and the lumbar spine impairment category to be consistent with the AMA Guides and supported by substantial evidence.

Cumulative traumaSpecific injuryDue processStipulationAgreed Medical EvaluatorAMA GuidesWhole Person ImpairmentGrip strengthWCJWCAB
References
Case No. ADJ3015096 (STK 0200853)
Regular
Dec 10, 2009

SANDRA CONCEPCION vs. TRAVIS UNIFIED SCHOOL DISTRICT, NORTH BAY SCHOOLS INSURANCE AUTHORITY

Reconsideration granted for petition to disqualify WCJ and for Finding and Order of October 12, 2009 requiring payment of $23,165.00. WCJ to issue Report detailing evidence supporting decision.

Petition for ReconsiderationDisqualification of WCJFinding and OrderDue ProcessSubstantial EvidenceNotice of IntentionOpinion on DecisionReport and RecommendationWorkers' Compensation Appeals BoardDecision After Reconsideration
References
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