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Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7534500; ADJ7534814
Regular
Jul 19, 2012

ESTELA GRANADIO vs. ALPHA PHI INTERNATIONAL FRATERNITY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Applicant Estela Granadino did not sustain injury arising out of and occurring in the course of employment. The Board adopted the Administrative Law Judge's report, which concluded the Labor Code §5402(b) presumption of compensability did not apply because the claim forms were not properly filed with the employer. Furthermore, the Judge found Applicant's medical evidence insufficient and her testimony not credible, thus failing to meet her burden of proof. The denial of reconsideration also upheld the specific injury claim's bar by the post-termination defense.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Joint Findings and AwardAOE/COELabor Code §5402(b)Northstar at Tahoe v. Workers' Comp. Appeals Bd.Honeywell v. Workers' Comp. Appeals Bd. (Wagner)State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Welcher)
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ9230683
Regular
Jul 07, 2014

JOSE GARCIA, Jorge Garcia, JORGE LUIS GARCIA vs. RAMTEX INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY, RAMTEX INCORPORATED, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a Petition for Removal filed by applicant Jose Garcia challenging an administrative law judge's discovery rulings. The applicant sought specific documents, including witness statements and employee handbooks, which the defendant claimed did not exist. The judge ordered the production of the personnel file but denied the request for other documents, finding the defendant's representations credible and applicant's discovery requests lacking due diligence. The Workers' Compensation Appeals Board denied the Petition for Removal, adopting the judge's reasoning that the petition was untimely and that no prejudice or irreparable harm resulted from the discovery rulings.

Petition for RemovalWorkers' Compensation Appeals BoardRamtex Inc.Employers Compensation Insurance CompanyADJ9230683Administrative Law JudgeReport of Workers' Compensation Administrative Law JudgeVerified AnswerGood Faith InvestigationDeposition of Applicant
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. OAK 294681
Regular
Nov 14, 2007

SCOTT SIMPSON vs. GEO OPTIONS, INC., EARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the WCJ's decision regarding permanent disability apportionment, finding substantial medical evidence supported a 50% apportionment to pre-existing conditions. The Board also upheld the WCJ's finding of unreasonable delay in medical treatment, justifying a penalty against the defendant. A minor clerical error in the award regarding penalty references was corrected.

Workers' Compensation Appeals BoardScott SimpsonGeo Options Inc.Hartford Insurance CompanyOAK 294681Opinion and Decision After Reconsiderationpermanent disabilityapportionmentspondylolisthesisqualified medical examiner
References
Case No. ADJ11125430
Regular
Sep 30, 2019

Tiffany Merritt vs. CDCR-CALIFORNIA INSTITUTE FOR WOMEN; Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision that the applicant did not sustain injury to her psyche arising out of and occurring in the course of employment. The Board found that the applicant's psychological injury was predominantly caused by a lawful, non-discriminatory, good faith personnel action, specifically a transfer to a new department. However, the Board also amended the original order to defer all issues concerning injuries to body parts other than the psyche. These other issues will be returned to the WCJ for further proceedings and decision.

WORKERS' COMPENSATION APPEALS BOARDTIFFANY MERRITTCDCR-CALIFORNIA INSTITUTE FOR WOMENLegally UninsuredSTATE COMPENSATION INSURANCE FUNDADJ11125430Petition for ReconsiderationFindings and OrderWCJHardesty demand
References
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