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

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. 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
Case No. ADJ8759396
Regular
Feb 27, 2015

Jose Diaz vs. Timber Works Construction, Berkshire Hathaway

This Workers' Compensation Appeals Board case involves applicant Jose Diaz seeking reconsideration of a prior order regarding his employer's Medical Provider Network (MPN). The primary issue is whether the MPN's physician accessibility standards, which are tied to the "workplace" or residence, are met. The Board granted reconsideration, rescinded the previous order, and remanded the case, finding the MPN may be defective if it doesn't comply with physician access standards relative to the applicant's residence, given the employer's failure to meet the "workplace" standard. The Board also noted that the applicant's inability to travel, while a factor, was not the deciding point in this decision to remand.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNWorkplaceResidencePhysician Access StandardsTitle 8 Section 9767.5Pain ManagementPhysical MedicineCannot Travel Exception
References
Case No. ADJ9129316
Regular

MIN CHUL SUH vs. LA GRAPHICAL; EMPLOYERS COMP

The Workers' Compensation Appeals Board denied the Applicant's Petition for Reconsideration. The Applicant sought reconsideration of the Workers' Compensation Judge's (WCJ) finding that he did not sustain an injury arising out of and in the course of employment. The Board adopted the WCJ's report, which relied on credibility determinations and found the Applicant's account of injury by a co-worker's grab or lift to be unsubstantiated by evidence. The Board gave great weight to the WCJ's credibility findings, which is a standard in workers' compensation appeals.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeCredibility FindingInjury AOE/COEIn Pro PerVerbal ArgumentWorkplace RadioPhysical AltercationCo-worker Intervention
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. 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. ADJ2255750 (LAO 0803099)
Regular
Sep 14, 2009

RAQUEL ZUNIGA vs. RADIO SHACK, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and awarded attorney's fees for services in obtaining vocational rehabilitation benefits. The Board found that the applicant's attorney was entitled to a fee calculated as 15% of the *new money* awarded in the Rehabilitation Unit's Determination and Order, not the total VRMA amount. Because the defendant failed to withhold any funds for attorney fees despite knowing the applicant was represented, the defendant was ordered to pay the awarded attorney's fee.

Workers' Compensation Appeals BoardRaquel ZunigaRadio ShackLiberty Mutual Insurance CompanyADJ2255750Attorney FeesVocational RehabilitationQualified Rehabilitation RepresentativeDetermination and OrderRehabilitation Unit
References
Case No. VNO 0549032
Regular
Mar 07, 2008

RANDY MICHAEL MASSEY vs. RADIO EXPRESS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to trial. The Board found the trial judge erred by ordering spinal surgery without allowing the defendant to properly challenge industrial causation, violating due process and relevant Labor Code sections. The defendant was entitled to pursue the AME/QME process to determine if the need for surgery was industrially caused, not just medically indicated.

Workers' Compensation Appeals BoardRandy Michael MasseyRadio ExpressEmployers Compensation Insurance CompanyChief Information Officerindustrial injuryspinal surgeryPetition for Reconsiderationexpedited trialLabor Code sections 4062
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. 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
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