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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ1329489
Regular
Sep 06, 2011

CHAVA COHEN vs. SHERIDAN ASSISTED LIVING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns vocational consultant Judie Fogel's request for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded an order for defendants to pay Fogel $1,700.00 for "medical legal expense for issues relating to the Ogilvie case," finding her testimony deficient and thus non-recoverable costs. Fogel argued her testimony addressed more than just Ogilvie issues, including average weekly wages, and that it was not necessary for her to independently calculate wage loss. The WCAB denied reconsideration, reiterating that Fogel was retained specifically for Ogilvie issues and her testimony remained deficient, citing precedent.

Vocational consultantReconsiderationOpinion and OrderMedical legal expenseOgilvie caseWage lossAverage weekly wagesPermanent disability ratingReimbursementEn banc decisions
References
Case No. ADJ6692520
Regular
Jul 20, 2010

CRYSTAL VOS vs. STEVEN CHANG, DDS, ZENITH INSURANCE COMPANY

This case affirms a WCJ's decision finding the applicant sustained a 12% permanent disability. The applicant sought reconsideration, arguing the WCJ erred by limiting rebuttal evidence to "wage loss" rather than "loss of long-term earning capacity" and denying costs for a vocational expert. The Appeals Board, relying on precedent from *Ogilvie v. City and County of San Francisco*, held that the vocational expert's opinion was not substantial evidence to rebut the permanent disability rating. Therefore, the WCJ's denial of the vocational expert's costs was also affirmed.

Workers' Compensation Appeals BoardSupplemental Findings and Awardindustrial injurypermanent disabilityvocational expertwage lossloss of long-term earning capacitydiminished future earning capacity (DFEC)2005 Permanent Disability Rating ScheduleOgilvie v. City and County of San Francisco
References
Case No. SAC 0333584
Regular
Jan 14, 2008

ROGER FISHER vs. RYDER INTEGRATED SERVICES CORP.

The Workers' Compensation Appeals Board granted reconsideration, affirming that Roger Fisher is a qualified injured worker entitled to VRMA. However, the Board amended the award to calculate VRMA on a wage-loss basis, allowing credit for wages earned during subsequent employment in the mortgage business, distinguishing this case from *Gamble* where concurrent employment existed at the time of injury. Attorney fees were adjusted to 15% of the total adjusted VRMA amount due.

Workers Compensation Appeals BoardVocational Rehabilitation Maintenance Allowance (VRMA)Qualified Injured Worker (QIW)Temporary Disability IndemnityWage Loss BasisCredit for WagesConcurrent EmploymentSubsequent EmploymentIndustrial InjuryTruck Driver
References
Case No. SFO 0500209
Regular
Jul 01, 2008

LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, amending the prior award to allow the employer a credit against Vocational Rehabilitation Maintenance Allowance (VRMA) for wages earned by the applicant from subsequent employment. While the applicant was found to be a Qualified Injured Worker (QIW) entitled to vocational rehabilitation services and VRMA, the Board distinguished this case from *Gamble v. Workers' Comp. Appeals Bd.*, finding that the applicant's subsequent employment replaced her injured position rather than being concurrent. Therefore, allowing the credit prevents the applicant from receiving a windfall and is consistent with the wage-loss basis of temporary disability indemnity.

Qualified Injured WorkerVocational Rehabilitation ServicesVocational Rehabilitation Maintenance AllowanceVRMATemporary Disability RateCredit for Wages EarnedWage Loss BasisRehabilitation UnitFindings Order AwardPetition for Reconsideration
References
Case No. ADJ8072993
Regular
Nov 26, 2012

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedEarning CapacityMinimum WageApartment ManagerActual EarningsLegal Minimum WageStatutory Time FramesAdjudication
References
Case No. ADJ2292703 (LAO 0888546)
Regular
Jan 18, 2011

JOHNNY McLAURIN vs. SOUTHERN CALIFORNIA EDISON, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the case to the trial level for further proceedings. The Board found that the WCJ erred by relying on the treating physician's report without ensuring it was based on substantial evidence, as it did not review all relevant records. Additionally, the Board found that the issue of temporary disability and attorney's fees was improperly awarded without considering the applicant's wage continuation payments. The matter is remanded for the treating physician to review all evidence and for further proceedings regarding compensability and potential credit for wage continuation.

Cumulative traumaAOE/COEFindings and AwardPetition for ReconsiderationLabor Code sections 4060(c)4062.2substantial medical evidencetemporary total disabilityattorney's feeswage loss
References
Case No. ADJ7279822
Regular
Jun 28, 2012

STEPHEN HOLBROOK vs. STEPHEN J. HOLBROOK TRUCKING, VANLINER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found that the judge's calculation of the applicant's average weekly wage was not supported by substantial evidence, relying too heavily on the applicant's inconsistent testimony. The matter was returned to the trial level for further development of the record regarding the applicant's wage loss during temporary partial disability. Additional documentary evidence and testimony concerning contracts, expenses, and potential babysitting income are required for a fair assessment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantTemporary Total DisabilityTemporary Partial DisabilityAverage Weekly EarningsSchedule CIncome Tax Returns
References
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