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

Case No. ADJ7503292
Regular
Mar 26, 2013

What Happened in Felix vs. Weber Metals Reconsideration?

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

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

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. ADJ7820610
Regular
Dec 12, 2012

What Did the WCAB Decide in Cuadra vs. Community Home Care?

The Workers' Compensation Appeals Board denied Cristina Sanchez's Petition for Reconsideration, upholding the WCJ's finding that she failed to meet her burden of proof. The WCJ found the applicant's testimony lacked credibility, citing inconsistencies with her deposition testimony and credible witness accounts. Specifically, the applicant's claims regarding heavy lifting, reporting injuries, and the cause of her inability to work were contradicted by evidence. The Board gave great weight to the WCJ's credibility findings, as is customary.

Workers' Compensation Appeals BoardReconsideration DenialAdministrative Law Judge ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.In Pro PerPetition for ReconsiderationFindings and OrderBurden of ProofCourse of Employment
References
1
Case No. ADJ6484815
Regular
Feb 10, 2010

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

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. ADJ8765139, ADJ9014068
Regular
Nov 26, 2014

Can a WCJ Be Disqualified for Appearance of Bias?

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the WCJ's decision that the applicant did not sustain industrial injury. This denial was based on the applicant's lack of credibility and insufficient substantiating medical evidence, compounded by more credible employer witness testimony. The WCJ found the applicant's medical reporting was based on false, inaccurate, or incomplete histories, and the Appeals Board accorded great weight to the WCJ's credibility findings. Therefore, the petition was denied as the applicant failed to prove industrial causation by a preponderance of the evidence.

Petition for ReconsiderationWCJ Credibility FindingSubstantial EvidenceMedical History AccuracyIndustrial Injury CausationLabor Code 3202Developing the RecordPreponderance of EvidenceNon-industrial CausesPrior Injuries
References
9
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

What Were the Key Rulings in Torrez vs. SuperShuttle?

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
4
Case No. ADJ6950787
Regular
Jun 22, 2012

Why Was Removal Denied in Rush vs. California Correctional Institution?

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
1
Case No. ADJ10257125
Regular
Apr 27, 2018

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

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. ADJ7430217
Regular
May 17, 2012

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

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
Case No. ADJ7103892
Regular
Jul 27, 2012

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, adopting the WCJ's report. The WCJ found the applicant not credible, inconsistent, and lacking substantiation for claimed injuries. The WCJ relied heavily on the Agreed Medical Examiner's reports, which attributed any increased impairment to subsequent employment, not the employment in question. The WCAB gave great weight to the WCJ's credibility findings.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.Pro PerApplication for Adjudication of Claimmandatory settlement conferenceAgreed Medical ExaminerAME
References
1
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