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Case Law Database

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

Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ7623043
Regular
May 20, 2019

LUCAS CASIAS vs. KF HOWELL ELECTRIC, INC., IMPERIUM INSURANCE

The Appeals Board affirmed the finding of 83% permanent disability, agreeing that the WCJ correctly applied the principle of "synergistic effect" to combine multiple impairments, citing substantial medical opinions. However, the Board remanded the issue of temporary disability benefits, finding the WCJ's reasoning and specific findings on temporary total disability were unclear and inconclusive. The matter is returned to the WCJ for further proceedings and a new determination on temporary disability, specifically addressing the disputed period of July 19, 2010, through October 24, 2010. The WCJ's previous findings regarding an award of temporary disability indemnity for the entire period of March 24, 2010, through March 24, 2015, are rescinded pending this redetermination.

Temporary Total DisabilityPermanent Disability RatingCombined Values ChartSynergistic EffectAgreed Medical EvaluatorPanel Qualified Medical EvaluatorMedical OpinionSubstantial EvidenceLabor Code Section 4656Burn Exception
References
9
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
0
Case No. ADJ8591144
Regular
Jun 11, 2019

ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior award. The WCAB rescinded the administrative law judge's (WCJ) findings, which had awarded $8\%$ permanent disability and no future medical treatment, finding that the applicant was denied due process. Specifically, the WCJ submitted the matter for decision after the applicant left the hearing and failed to issue a proper notice of intent to submit, violating WCAB Rule 10562. The WCAB denied the applicant's request to disqualify the WCJ, finding no evidence of bias. The case is returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardTemporary DisabilityPermanent DisabilityMedical TreatmentSubstantial Medical EvidenceDue ProcessWCJ DisqualificationLabor Code Section 5311
References
0
Case No. ADJ7322441, ADJ7322436, ADJ7322440
Regular
Feb 15, 2013

Richard L. Sanchez vs. American Building Supply Inc., The Hartford

The Appeals Board granted reconsideration of the WCJ's decision which denied all benefits for applicant's three claimed injuries. The Board found the WCJ's original Findings and Order of June 28, 2011, were not properly addressed in the subsequent Findings and Fact. While acknowledging applicant's arguments regarding AME bias and new evidence, the Board found these contentions lacked merit or proper support. Ultimately, the Board rescinded the WCJ's November 29, 2012 decision and substituted its own Findings and Order, upholding the WCJ's original determination that applicant was not entitled to temporary disability, permanent disability, or future medical care for any of the three injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and FactAdministrative Law JudgeAgreed Medical EvaluatorEx Parte CommunicationSub Rosa FilmsPermanent Disability IndemnityTemporary Disability IndemnityFuture Medical Care
References
5
Case No. ADJ8759846
Regular
Jun 05, 2025

Manuel Agurto vs. Peterberg Construction, Inc.; Praetorian Insurance Work Comp Program

Applicant, Manuel Agurto, seeks reconsideration of the February 4, 2025 Findings and Order (F&O) where the WCJ found injury to his psyche and determined his average weekly wage. The WCJ's Opinion on Decision (OOD) also included findings of injury to other body parts and awarded future medical for some. Applicant challenged various interlocutory issues. The Workers' Compensation Appeals Board granted the Petition for Reconsideration to rescind the F&O and substitute it with a Findings, Award, and Order (FA&O) to reflect all of the WCJ's findings, awards, and orders, including additional body parts injured and an award of future medical, while deferring other issues for further development of the record. The Board admonished applicant's attorneys for frivolous conduct.

AOE/COEpsyche injuryAMEPQMEoccupational group 480Labor Code 4453(c)(4)petition for reconsiderationfinal orderinterlocutory issuesremoval standard
References
8
Case No. FRE 0236253
Regular
Apr 09, 2008

ALFONSO GARCIA vs. JOHN KNEVELBAARD, dba VALLEY VIEW FARMS, ZENITH INSURANCE COMPANY

The Appeals Board reconsidered a WCJ's award, finding the medical opinion on apportionment to be based on an incorrect legal theory and thus insufficient to support the permanent disability finding. Consequently, the Board deferred the issues of permanent disability and apportionment, returning the case to the WCJ for further development of the record. The WCJ's finding of temporary disability was affirmed, and attorney's fees were awarded solely on that basis.

Workers' Compensation Appeals BoardAlfonso GarciaJohn KnevelbaardValley View FarmsZenith Insurance CompanyReconsiderationFindings and AwardIndustrial InjuryThoracolumbar BackTemporary Total Disability
References
3
Case No. RDG 124972
Regular
Apr 15, 2008

DAVID BURKE vs. CITY OF NEVADA CITY, GREGORY B. BRAGG & ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge's (WCJ) Findings and Award was unclear, making it difficult to distinguish stipulated facts from the WCJ's actual findings. The Board rescinded the award, returning the case for further proceedings and a clearer decision from the WCJ, particularly regarding the basis for temporary disability findings. Defendant's contentions regarding industrial injury to the psyche and permanent disability were not reached at this time.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardWCJStipulationsIndustrial InjuryPsycheTemporary DisabilityPermanent DisabilityApportionment
References
1
Case No. ADJ6866226
Regular
Sep 08, 2014

Patrick Vigil vs. Clars Estate Auction Gallery, First Comp Insurance

The Appeals Board granted reconsideration to correct a clerical error, rescinding the WCJ's finding of no industrial injury. While the parties had stipulated to injury AOE/COE and settled the claim, the WCJ erroneously found otherwise. However, the Board upheld the WCJ's finding that the applicant failed to establish a violation of Labor Code section 132a. Ultimately, the applicant takes nothing on his section 132a claim, but the industrial injury finding is reinstated based on the prior stipulation.

Workers' Compensation Appeals BoardADJ6866226Patrick VigilCLARS Estate Auction GalleryFIRST COMP INSURANCEPetition for ReconsiderationFindings and OrderInjury AOE/COELabor Code Section 132aViolation of 132a
References
8
Case No. ADJ9824600
Regular
Dec 24, 2019

MARTHA FLORES vs. REAL MEX RESTAURANTS; Administered by GALLAGHER BASSETT

The Appeals Board granted the defendant's petition for reconsideration, rescinded the WCJ's prior findings, and returned the case for further proceedings. The Board found that the WCJ failed to rule on evidentiary objections and did not provide sufficient findings to support awards for sanctions and attorney fees. This decision is based on newly clarified burdens of proof for lien claimants and the requirement for clear findings on admitted evidence. The WCJ must now address these issues and issue a new decision consistent with the Board's guidance.

Petition for ReconsiderationFindings and OrderCost PetitionerInvoicesSanctionsAttorney's FeesLabor Code § 4622Explanation of ReviewBurden of ProofAdmissibility of Exhibits
References
3
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