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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
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. ADJ4502123
Regular
Jun 26, 2012

DONALD VIEIRA vs. BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY, STATE COMPENSATION INSURANCE FUND

This case involves defendant's petition for reconsideration of a finding of 100% permanent disability and no apportionment. Defendant argues the WCJ erred by not considering an Agreed Medical Evaluator's opinion attributing 50% of the disability to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the medical evidence and other exhibits were not formally admitted into evidence, preventing meaningful review. The WCJ must now prepare a proper record and issue a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorSubstantial EvidenceAdmissions of EvidenceWCJPetition for ReconsiderationLabor Code Section 5313
References
Case No. ADJ1845403
Regular
Jan 13, 2010

GERALD WILLIAMS vs. OAK GROVE INSTITUTE, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award finding an industrial injury and temporary disability for the applicant. The defendant argued the award lacked substantial medical evidence and sought to introduce a medical report not previously admitted. The Appeals Board denied reconsideration because the defendant failed to comply with procedural rules by quoting from an inadmissible report and not disclosing it was unadmitted. The Board adopted the WCJ's report recommending denial based on admitted evidence and the defendant's procedural missteps.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary DisabilityMedical EvidenceQualified Medical EvaluatorPetition for ReconsiderationReport and RecommendationAppeals Board Rule 10842Admitted EvidenceMaterial Evidence
References
Case No. ADJ18150673
Regular
Oct 08, 2025

KYUNGHEE KIM vs. ADP TOTALSOURCE GROUP, INC.; CHROMIUM DENTAL II; AIU INSURANCE COMPANY

The applicant, Kyunghee Kim, filed a petition for removal challenging a WCJ's order that reduced their attorney's deposition fee. The Workers' Compensation Appeals Board reviewed the petition, considering the arguments and the WCJ's report. The Board concluded that no substantial prejudice or irreparable harm would result from denying removal and that reconsideration would be an adequate remedy if needed. Consequently, the Appeals Board denied the petition for removal and returned the matter to the trial level, advising the WCJ to treat the petition as a request to set aside the original order to facilitate a proper hearing and the creation of a formal record.

Petition for RemovalOrder for Payment of Applicant's Attorney's Deposition FeeLabor Code § 5710WCJReduced Attorney's FeeSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial Evidence
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10876042 ADJ10982861 ADJ10981527 ADJ10876054
Regular
Apr 15, 2020

ANTONIO VASQUEZ vs. TRANSPACIFIC RECYCLING, LLC, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal because the Administrative Law Judge's (WCJ) order to obtain a replacement QME and take the case off calendar lacked proper findings and supporting evidence. The Board found the record deficient, lacking stipulated facts and properly admitted documentary evidence as required by law. Consequently, the WCJ's January 7, 2020 order was rescinded. The matter is now returned to the WCJ for further proceedings and a new decision that adheres to evidentiary and record-keeping requirements.

Petition for RemovalQualified Medical ExaminerWCJ OrderLabor Code § 5313Hamilton v. Lockheed CorporationAppeals Board en bancAdmitted EvidenceSubstantial EvidenceMinutes of HearingStatement of Stipulations
References
Case No. ADJ8733591
Regular
Mar 13, 2017

ANELLA MILES vs. RALPHS GROCERY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal, rescinding the original order. The WCAB found the original order, which replaced a Qualified Medical Examiner (QME) for alleged unavailability for deposition, was improperly issued due to a lack of a proper record. The WCAB emphasized that a complete record, including stipulations and admitted evidence, is essential for decisions. Therefore, the case was returned to the WCJ for further proceedings with a proper evidentiary record.

Petition for RemovalReplacement QME PanelWCJDepositionCal. Code Regs. §35.5PrejudiceIrreparable HarmMSC Minutes of HearingRule 35.5(f)Mandatory Settlement Conference
References
Case No. ADJ8984860
Regular
Dec 30, 2020

AMADOR ORTIZ GARCIA vs. ISEC, INC., LIBERTY MUTUAL

The Workers' Compensation Appeals Board granted removal of the WCJ's order quashing the deposition of Dr. Mouradian, an Agreed Medical Examiner. The Board found the record insufficient to evaluate the defendant's due process claim regarding the quashed deposition. Consequently, the order quashing the deposition was rescinded, and the case was returned to the WCJ for further proceedings. This decision allows for a proper review of the issues and evidence.

Petition for RemovalAgreed Medical ExaminerWCJDue ProcessQuashed DepositionReport and RecommendationDiscovery ClosureMandatory Settlement ConferenceFindings of FactAdmitted Evidence
References
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