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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. SAC 306565, SAC 306566, SAC 310519
Regular
Mar 18, 2008

GILBERT A. JONES, SR. vs. TRANSITIONAL COMMUNITY LIVING CENTER, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained industrial injuries in 2001 and 2002. The WCJ initially ruled to combine all injuries under the Wilkinson Doctrine for permanent disability, but the defendant sought reconsideration. The Appeals Board affirmed the WCJ's decision except for the findings on permanent disability and apportionment, remanding these issues for further development and application of the Benson decision, which replaced the Wilkinson Doctrine with a causation-based apportionment regime.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinson DoctrineLabor Code Sections 4663Labor Code Sections 4664Brodie DecisionFuentes DecisionBenson Decision
References
Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727
Regular
Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)
References
Case No. FRE 0197989, FRE 0200410
Regular
Feb 04, 2008

SANDRA LaPLANTE vs. WAL-MART, AMERICAN HOME ASSURANCE, AIG, FRANK GATES SERVICE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding that the WCJ erred by not applying the *Benson* doctrine on apportionment of permanent disability based on causation. The Board remanded the case for further proceedings to determine the percentage of permanent disability attributable to each industrial injury and pre-existing conditions, as required by Labor Code sections 4663 and 4664. The *Benson* doctrine dictates that the prior *Wilkinson* doctrine, allowing combined awards in successive injury cases, is no longer generally applicable due to the legislative intent for causation-based apportionment.

Wilkinson doctrineBenson v. The Permanente Groupapportionmentcausationsuccessive industrial injuriescumulative traumaspecific injurypermanent disability ratingmedical examiner reportcompensable consequence
References
Case No. GRO 0030299 GRO 0033215 GRO 0034583
Regular
Jan 24, 2008

DEBRA A. FLORES vs. FACTORY 2 U STORES, INC.; ROYAL SUN & ALLIANCE, Adjusted by INTEGRATED INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the *Wilkinson* doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the *Benson* en banc decision. This decision clarifies that *Benson* mandates apportionment based on causation, effectively superseding the *Wilkinson* rule for cases decided after SB 899.

SB 899Wilkinson doctrineBenson v. The Permanente Medical Groupapportionmentcausationsuccessive injuriespermanent disabilityindustrial injuryretail storesupervisor
References
Case No. SAL 0088227, SAL 0092438, SAL 0092439, SAL 0092440
Regular
Apr 11, 2008

LOUIE ARIAS vs. CONSOLIDATED FREIGHTWAYS CORPORATION, CIGA for RELIANCE INSURANCE

The Appeals Board rescinded the WCJ's decision and returned the cases for further proceedings. The primary issue was the WCJ's application of the Wilkinson doctrine for combining permanent disability from multiple injuries, which is no longer generally applicable post-SB 899. The Board remanded the cases to apply the new causation-based apportionment rules established in *Benson v. The Permanent Medical Group*.

Workers' Compensation Appeals BoardConsolidated FreightwaysCIGAReliance InsuranceTIG Insurance CompanyLouie AriasIndustrial InjuryNeck InjuryHead InjuryBack Injury
References
Case No. VEN 0115373, OXN 0126518
Regular
Oct 04, 2007

LEONARD WHITELEY vs. CONCRETE EXPRESS, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY

This case involves the defendant insurers seeking reconsideration of a Workers' Compensation Appeals Board decision that awarded the applicant 100% permanent disability for multiple industrial injuries. The insurers argue the applicant is not totally disabled and that the prior 18% award should be offset. The Board granted reconsideration, rescinded the original award, and returned the matter to the trial level pending further decisions on similar issues, including potential impact of the *Wilkinson* doctrine.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentFraudOverreachingNew and Further DisabilityStipulated AwardArthur Harris M.D.
References
Case No. MON 252295, MON 204621, MON 204619, and MON 206491
Regular
Apr 29, 2008

MYRNA MORGAN vs. KAISER, Permissibly Self-Insured, LEXIN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) decision regarding applicant Myrna Morgan's successive industrial injuries. The WCAB found that the WCJ improperly applied the monetary-value subtraction method for apportionment and that the *Wilkinson* doctrine is no longer generally applicable post-SB 899. The case is returned to the trial level for further development of the record and a new decision consistent with current apportionment law.

Workers Compensation Appeals BoardReconsiderationFindings Award and OrdersIndustrial InjuryPsycheUpper ExtremitiesLower ExtremitiesSpineStipulations with Request for AwardPermanent Disability
References
Case No. SBR 0283205, SBR 0267402
Regular
Dec 11, 2007

PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

Workers' Compensation Appeals BoardLockheed Martin Aircraft ServicesPermissibly Self-InsuredESISTravelers InsurancePhillip F. GarciaFurther Supplemental Findings and AwardTotally Permanently Disabled1995 injury1998 injury
References
Case No. ADJ1332200 (LAO 0710157) ADJ1749454 (LAO 0753825) ADJ1723599 (LAO 0710158)
Regular
Nov 11, 2011

EARLIE CHAMBERLAIN vs. CEDAR SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding insufficient medical evidence to determine industrial psychiatric injury due to incomplete records requested by both treating physicians. The Board also noted the WCJ may have misapplied the *Benson* doctrine regarding apportionment of the psychiatric injury across three separate industrial incidents. The case is returned to the trial level for further proceedings to develop the medical record and properly address causation and apportionment issues.

Workers' Compensation Appeals BoardCedars Sinai Medical Centernursing communications technicianindustrial injurybilateral kneesbackteethjawdenturesleft upper extremity
References
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