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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ6602419
Regular
May 24, 2010

SIPRIANO MARTINEZ (Deceased) MARINA MARTINEZ (Widow) vs. BOLTHOUSE FARMS, ALL AMERICAN RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order denying a change of venue because the order was procedural, not final. However, the WCAB granted the defendant's petition for removal, finding that the denial of venue change to Bakersfield was an error. The Board concluded that the defendant sufficiently demonstrated good cause under Labor Code section 5501.6 for a venue change to Bakersfield, where the applicant and witnesses reside and the events occurred. Therefore, venue was changed to the Bakersfield District Office.

Petition for ReconsiderationPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.6(b)Due ProcessBakersfield District OfficeSan Francisco District OfficeFinal OrderProcedural OrderPanel Qualified Medical Evaluator
References
Case No. ADJ7474686
Regular
Apr 28, 2011

RONALD DENTON vs. DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for removal, rescinding a prior order that allowed the applicant's deposition before receiving defendant's witness statements. Applicant claimed prejudice from this sequence, while defendant asserted attorney-client privilege over the statements. The Board adopted the WCJ's recommendation, returning the matter to the trial level for further proceedings and record development. The Board also noted the initial lack of documentation for the disputed order and potential sanctions if no statements exist.

Petition for RemovalRescind OrderWitness StatementsAttorney Work Product PrivilegeAttorney-Client PrivilegeWCJSubstantial PrejudiceIrreparable HarmWaiverDevelop Record
References
Case No. ADJ9782813
Regular
Feb 13, 2017

ELVINA BRYANT vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board granted reconsideration to address the Department of Corrections' due process claim. The Board vacated a prior award finding applicant sustained an industrial injury and remanded the case for further proceedings. This decision allows the defendant to present evidence that witness statements were timely provided despite their exclusion at trial. The defendant must also justify the late appearance of a rebuttal witness.

Workers' Compensation Appeals BoardDepartment of Corrections and Rehabilitationcorrectional officerindustrial injurypsychedue processwitness exclusiondiscoveryPre-Trial Conference StatementMandatory Settlement Conference
References
Case No. ADJ10810740
Regular
Sep 10, 2019

EDWART HOVANESIAN vs. ARCADIA TRANSIT, INC., dba SUPERSHUTTLE OF SAN FERNANDO

This case involves an employer's petition for reconsideration of a workers' compensation award. The employer argued their due process rights were violated when the judge denied their post-trial motions to compel discovery and present additional witnesses. The Workers' Compensation Appeals Board denied reconsideration, finding that discovery closed at the mandatory settlement conference per statute and the employer failed to demonstrate due diligence. The Board concluded that procedural rules regarding timely disclosure of evidence do not violate due process, and the employer's strategic decision not to complete discovery did not excuse their failure to comply.

WCABPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndependent ContractorDue ProcessMandatory Settlement ConferenceDiscovery CutoffLabor Code Section 5502(d)(3)Pre-trial Conference Statement
References
Case No. MON 0311734
Regular
Feb 19, 2008

DANIEL MUNGUIA vs. PREFERRED PERSONNEL, NATIONAL FIRE INSURANCE

The applicant sought reconsideration of a Workers' Compensation Appeals Board decision that denied his claim for a back injury, finding his testimony regarding the cause of injury lacked credibility. The Board affirmed the decision, emphasizing that the applicant failed to meet his burden of proof to establish a compensable injury arising out of and occurring in the course of employment. Key to the decision were contradictions in the applicant's statements and the exclusion of a witness's testimony, which the Board found was properly excluded based on prior orders limiting the record.

AOE/COEPetition for ReconsiderationCredibilityBurden of ProofMedical RecordsLabor Code Section 3202Substantial EvidenceMedical TreatmentIndustrial InjuryWCJ
References
Case No. ADJ6784736
Regular
May 24, 2010

CYNTHIA ARMANDO vs. ENDODONTIC ASSOCIATES CORP., TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order compelling production of claims file documents. However, the Board granted removal, rescinded the original order, and issued a new order. The new order requires the defendant to produce non-privileged portions of the claims file and witness statements, and to describe any privileged documents separately. The Board also clarified that statutory privilege provisions, including attorney work product, are applicable in workers' compensation proceedings.

Petition for RemovalPetition for ReconsiderationClaims Investigation FileAttorney Workproduct PrivilegeWitness StatementsInterim OrderSignificant PrejudiceIrreparable HarmAbsolute Work ProductQualified Work Product
References
Case No. ADJ8689422
Regular
Sep 06, 2013

ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as Labor Code § 5900 only permits reconsideration of final decisions. The WCAB denied the defendant's Petition for Removal, finding no demonstration of irreparable harm from a discovery order requiring witness statement production prior to the applicant's deposition. Finally, the WCAB corrected a clerical error in the original award to accurately reflect that the applicant *claims* to have sustained an industrial injury, rather than definitively finding such an injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and AwardIndustrial InjuryTire InstallerBack InjuryWitness StatementsDepositionDiscovery Order
References
Case No. ADJ9426494
Regular
Jun 10, 2015

BARBARA SWENSON vs. COMPASS HEALTH, MURPHY AND BEANE, INC.

In this Workers' Compensation Appeals Board case, the applicant sought interview transcripts and statements of defense witnesses. The judge initially ordered the defendant to produce all such materials. The defendant petitioned for removal, arguing the order was overbroad and violated due process by failing to account for work product and attorney-client privilege. The Appeals Board granted the petition for removal, amending the original order. The amended order requires the defendant to provide requested materials, excluding those protected by privilege, for which a privilege log must be filed.

Petition for RemovalInterview TranscriptsWitness StatementsWork ProductAttorney-Client PrivilegePrivilege LogDue ProcessOverbroad OrderAppeals BoardWCJ
References
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