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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. 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
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. 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. 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
Case No. ADJ9103550
Regular
May 13, 2015

GERARDO GONZALEZ vs. CTS MFG ELECTRONICS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ), who determined the applicant was not entitled to benefits. The WCJ found the applicant lacked credibility, particularly regarding reporting his alleged injury before termination. Credible defense witnesses contradicted the applicant's account, and the applicant's own email communications failed to mention any injury.

Petition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.denial of benefitsunreported injurytermination of employmentdefense witnessesdeposition testimonye-mail communicationswitness credibility
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. ADJ1034572
Regular
Apr 08, 2013

TROY BOWEN vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA

The Workers' Compensation Appeals Board denied reconsideration of a decision by an Administrative Law Judge (WCJ). The applicant, Troy Bowen, alleged his employer, the Regents of the University of California, violated Labor Code § 132a by retaliating against him, leading to his termination. The WCJ found the applicant's allegations of discrimination and his version of events not credible. The Board adopted the WCJ's report, deferring to the judge's credibility determinations, and found no violation of Labor Code § 132a based on the evidence.

Labor Code § 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJcredibility determinationdiscriminationretaliatory conductterminationrestricted areaindustrial injury
References
Case No. ADJ7442025
Regular
May 16, 2012

LENNIE WIDEN vs. IN HOME SUPPORTIVE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, finding that the applicant sustained a specific left shoulder injury in February 2009 based on her credible testimony and medical evidence. The Board affirmed the WCJ's credibility findings and also admonished defense counsel for failing to cite the record properly. The defendant's arguments regarding medical determinations, credibility, post-termination issues, and laches were rejected.

In Home Supportive ServicesState Compensation Insurance FundPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.WCAB Rule 10842(b)home care providerleft shoulder injuryFebruary 2009credibility determination
References
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