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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3445477 (RDG 0108598)
Regular
Apr 21, 2011

DENNIS NEWELL (Deceased) DEBORAH NEWELL (Widow) vs. FORD CONSTRUCTION COMPANY, MAJESTIC INSURANCE COMPANY

This case concerns a widow's claim for death benefits due to an alleged Serious and Willful Misconduct by the employer, Ford Construction Company. The Appeals Board previously rescinded a decision finding such misconduct. The applicant now seeks reconsideration, arguing the Board's prior decision was inconsistent with an appellate court ruling concerning specific OSHA Safety Orders. The Board granted reconsideration, concluding that the applicant waived the issue of Safety Order 4999(b)(1) and that, despite the appellate court's mention of Safety Order 5042(a)(6) without a specific finding, the overall appellate decision negated the Serious and Willful claim. Therefore, the Board affirmed its prior decision and amended a finding to explicitly state no violation of Safety Order 5042 occurred.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code 4553Labor Code 4553.1Safety Order 5002Safety Order 4999(b)(1)Safety Order 5042(a)(6)RemittiturFindings and AwardRes Judicata
References
Case No. ADJ2628913
Regular
Jan 02, 2014

BARRY BLAYLOCK vs. NEGHEBORN AUTO CENTER, dba NEBHEBORN LINCOLN MERCURY, et al

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of serious and willful misconduct. The applicant sustained a permanent and total disability due to lung damage caused by heavy workplace smoking, specifically by a coworker in an enclosed office. Despite repeated complaints and an emergency room visit, the employer knowingly permitted the violation of a workplace smoking prohibition. The Board found sufficient evidence of employer knowledge of the safety order and the resulting harm to the applicant.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553Reconsideration DeniedPetition for ReconsiderationWCJ ReportCredibility FindingSerious and WillfulViolation of Safety OrderWorkplace Smoking Prohibition
References
Case No. VNO 0461030
Regular
Nov 30, 2007

CHRISTOPHER MENDEZ vs. GRAY LIFT, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings to determine the general employer's (Lyon Lift, Inc.) potential liability for the applicant's injury. This is to address whether Lyon had duties under workplace safety laws (Labor Code sections 6400-6404) and if its negligence, if any, contributed to the injury caused by a defective saw provided by the special employer. The Board will then determine if Lyon is entitled to a third-party credit for the applicant's settlement based on its own negligence and established credit principles.

Workers' Compensation Appeals BoardThird-party creditGeneral employerSpecial employerImputation of negligenceLabor Code sections 6400-6404Workplace safetyPrimary employerSecondary employerDual employment
References
Case No. ADJ9242655
Regular
Aug 22, 2014

Michelle Justus vs. Folsom-Cordova Unified School District

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding treatment outside the Medical Provider Network (MPN). The WCJ correctly granted the applicant's motion to treat outside the MPN because the defendant failed to provide access within the required distance to the applicant's *present* workplace, not just the injury site. The Board affirmed that the term "workplace" in the regulation refers to the employee's current location of regular employment. Therefore, the defendant's argument that they met MPN access standards based on the former workplace was rejected.

Workers' Compensation Appeals BoardMPNPetition for ReconsiderationWCJ8 CCR section 9767.5(b)substantive rightliabilityinjury workplacepresent workplacegeographic location
References
Case No. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. ADJ4214070 (VNO 0470391) ADJ2500750 (VNO 0552466)
Regular
Dec 12, 2011

CINDY MORAN-PRUITT vs. ANTELOPE VALLEY HOSPITAL, Safety National, Traveler's Insurance Company, Frontier Insurance Company

This case involves a dispute over workers' compensation contribution between Safety National and Travelers Insurance Company. Safety National sought reconsideration of an arbitrator's decision finding them liable for a portion of the applicant's injury. The Appeals Board granted reconsideration because the arbitrator's decision lacked a required Minutes of Hearing and Summary of Evidence, preventing a proper review. The Board found the record incomplete and returned the case to the trial level for further proceedings and a decision that complies with procedural requirements.

Workers' Compensation Appeals BoardSafety NationalTravelers Insurance Companyindustrial injurycontributionuntimely filedinjurious exposurecumulative traumadue processMinutes of Hearing
References
Case No. ADJ1875496
Regular
Oct 30, 2009

KENNETH PATTERSON vs. ROSSCRETE ROOFING, INC., STATE COMPENSATION INSURANCE FUND

The WCAB denied reconsideration of a WCJ's finding that the applicant's injury was not caused by serious and willful misconduct by the employer. A commissioner dissented, arguing that the employer's failure to provide safety equipment constituted serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code section 4553Industrial Accident CommissionEmployer's DutySafety PrecautionsKnown DangerReckless DisregardCal/OSHA CitationRule 3210(c)
References
Case No. ADJ19399039
Regular
Aug 11, 2025

CHRISTOPHER BRABANT vs. SALINAS UNION HIGH SCHOOL DISTRICT, INTERCARE

Applicant Christopher Brabant, a teacher, sustained a psyche injury (PTSD) on January 9, 2024, after witnessing his daughter's injury at work. The defendant, Salinas Union High School District, filed a Petition for Reconsideration of the May 16, 2025 Findings, Award, and Order, arguing that industrial factors were not the predominant cause. The Workers' Compensation Appeals Board denied the petition, affirming that the injury arose out of and in the course of employment, as the workplace was integral to the traumatic event and subsequent triggers related to applicant's teaching responsibilities.

PSYCHIATRIC INJURYAOE/COEPREDOMINANT CAUSEACTUAL EVENTS OF EMPLOYMENTPSYCHE PANEL QMEPOST-TRAUMATIC STRESS DISORDERWCJ REPORTLABOR CODE 3208.3SUBSTANTIAL MEDICAL EVIDENCEATASCADERO UNIFIED SCHOOL DIST. V. WCAB
References
Case No. ADJ3309906 (FRE 0246859)
Regular
Jul 22, 2014

TIMETHY HURT vs. CITY OF LINDSAY, A.I.M.S. INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's decision that the City of Lindsay did not violate Labor Code section 132a by terminating his employment. The applicant was terminated for engaging in workplace violence, specifically a fight where he admitted to using a metal pipe. Evidence indicated the termination was based on this violent conduct, which violated city personnel rules, and not for filing a workers' compensation claim, as the claim was filed after his termination. The Board concluded the applicant failed to establish a prima facie case of discrimination under section 132a.

Labor Code section 132aPetition for ReconsiderationFindings of Fact and Orderworkplace fightself-defensetermination of employmentdiscriminationCity of Lindsayassault with a deadly weaponPenal Code section 245(a)(1)
References
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