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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. 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. 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. 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. ADJ7470294
Regular
Sep 13, 2018

BERTHA JAIME vs. TTM TECHNOLOGIES, THE HARTFORD INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant failed to prove injury arising out of and occurring in the course of employment (AOE/COE). This decision was based primarily on the applicant's lack of credibility due to contradictory testimony regarding her job duties and inconsistent histories provided to medical evaluators. The Board found no error in the WCJ's assessment of the applicant's credibility and determined no further development of the record was necessary. Therefore, the original findings and order denying the claim stand.

AOE/COELabor Code Section 5412Petition for ReconsiderationFindings and OrderWCJQMECredibilityBurden of ProofCumulative InjurySpecific Injury
References
Case No. ADJ9771745, ADJ9547788, ADJ9805683
Regular
Dec 07, 2016

MARTIN TORTOLEDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Martin Tortoledo's petition for reconsideration. The Board adopted the Workers' Compensation Judge's (WCJ) findings, giving great weight to the WCJ's credibility determination after observing the witness. No substantial evidence warranted rejecting the WCJ's credibility assessment. Additionally, the Board noted that a single physician's opinion can constitute substantial evidence, even if it conflicts with other medical opinions.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJcredibility determinationsubstantial evidencephysician's opinionGarzaPlaceBARRETT BUSINESS SERVICESPermissibly Self-Insured
References
Case No. ADJ9002100
Regular
Feb 05, 2015

KENA PIERRE vs. KAISER PERMANENT, SEDGWICK CMS

The Workers' Compensation Appeals Board denied Kaiser Permanente's petition for reconsideration of an earlier decision. The Board adopted the findings of the Workers' Compensation Administrative Law Judge (WCJ), giving significant weight to the judge's credibility determination of the applicant. The WCJ found the applicant's testimony credible, despite minor inconsistencies, and supported by medical opinions from treating and QME physicians. The defendant's arguments regarding the substantiality of the evidence were rejected, and the judge's credibility assessments of defense witnesses were also unfavorable.

AOE/COEPetition for ReconsiderationCredibility DeterminationWCJSubstantial EvidencePsychiatric InjurySexual HarassmentLicensed Vocational NurseWorkers' Compensation Appeals BoardQME
References
Case No. ADJ7623044
Regular
Jun 18, 2012

YOLANDA CRUZ GARDUNO vs. TIDES WHARF BODEGA BAY ROBERT BUGATTO ENTERPRISES, INC.; TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Disqualification. The WCAB upheld the WCJ's decision regarding the applicant's average weekly wage, finding it was based on credibility and insufficient evidence of overtime. The WCAB also found the WCJ acted appropriately in managing the trial and limiting irrelevant testimony, despite the applicant's due process claims. The applicant is pursuing separate claims with the Labor Commissioner regarding overtime earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Disqualificationindustrial injuryaverage weekly wagedue processWCJ credibility assessmentlabor commissionovertime incomeinconsistent testimony
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. 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
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