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

Case No. ADJ12138014 ADJ10965293
Regular
Jan 21, 2020

DONALD WRIGHT vs. FEDERAL EXPRESS CORPORATION

The WCAB denied Defendant Federal Express Corporation's Petition for Reconsideration, upholding the WCJ's finding that applicant Donald Wright is entitled to a separate Agreed Medical Evaluator or Qualified Medical Examiner for his cumulative trauma (CT) claim. Defendant argued applicant waived this right by not filing a claim form for the CT claim, citing *Navarro v. City of Montebello*. However, the Board found that while the initial finding of injury AOE/COE was a threshold issue, the entitlement to a separate QME for the CT claim was interlocutory. As Defendant failed to demonstrate significant prejudice or irreparable harm, removal was denied.

WORKERS' COMPENSATION APPEALS BOARDDONALD WRIGHTFEDERAL EXPRESS CORPORATIONADJ12138014ADJ10965293Petition for ReconsiderationFindings of FactWCJcumulative trauma (CT) claimpanel qualified medical evaluator (QME)
References
Case No. ADJ11026657
Regular
Feb 27, 2020

Monnie Wright vs. California Public Employees' Retirement System, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) affirmed the finding that collateral estoppel prevents them from determining industrial causation for applicant Monnie Wright's injury under Government Code section 21166. A prior jury found Wright's injury arose out of employment but not in the course of employment. The WCAB has jurisdiction to determine industrial causation for CalPERS disability claims, applying procedural rules and factual findings. However, collateral estoppel, being a hybrid substantive/procedural issue, means the prior jury's determination on "arising out of" but not "in the course of" employment precludes the WCAB from making a new finding of industrial causation (AOE/COE).

WORKERS' COMPENSATION APPEALS BOARDCALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMLegally UninsuredSTATE COMPENSATION INSURANCE FUNDClaims AdministratorOPINION AND DECISION AFTER RECONSIDERATIONGovernment Code section 21166collateral estoppelindustrial causationarising out of and in the course of employment
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ6769624
Regular
Oct 13, 2015

MARILOU WRIGHT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

The Workers' Compensation Appeals Board granted reconsideration of a prior award to amend the temporary total disability period for applicant Marilou Wright, a correctional officer, who suffered injury to her psyche and respiratory system (San Joaquin Valley Fever). The Board revised the temporary total disability period to November 19, 2008, through June 2, 2010, to align with medical evidence. While the Board acknowledged the defendant's argument about temporary disability overpayment and a request for credit, it found this issue was waived by not being raised earlier. However, to prevent double recovery, the Board granted the defendant a credit against the permanent disability award for good faith temporary disability payments made after the permanent and stationary date.

San Joaquin Valley Feverpsyche injuryfatiguesleep arousaltemporary total disabilitypermanent disabilityLabor Code section 4658(d)Petition for ReconsiderationFindings of Fact & Awardagreed medical evaluators
References
Case No. ADJ7508584
Regular
Apr 14, 2025

CALVIN WRIGHT vs. HEALTH NET, INC.; ARCH INSURANCE CO.

The Workers' Compensation Appeals Board considered a Petition for Removal filed by the defendants (Health Net, Inc., Arch Insurance Co., and Sedgwick Management Services, Inc.) against applicant Calvin Wright. The petition challenged an order issued by WCJ Elena Jackson on March 7, 2024, which had set specific issues for trial. Citing the report of WCJ Cirina A. Rose, who identified an oversight by WCJ Jackson and factual discrepancies, the Appeals Board found that removal was warranted. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's March 7, 2024 decision, and returned the matter to the trial level for further proceedings.

Petition for RemovalDecision After RemovalRescindedReturned to Trial LevelWCJ Report and RecommendationJoint Compromise & ReleaseFuture Medical OpenMPN IssueHome CarePetition for Removal Timeliness
References
Case No. ADJ9569685
Regular
Oct 26, 2015

Oscar Cuellar vs. KLM Development, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning the applicant's employment status. The prior decision found the applicant was an independent contractor and not employed by KLM Development. The Board is returning the case to the trial level for analysis of Labor Code section 2750.5 and Business and Professions Code section 7125.2, particularly regarding the licensing and insurance status of the alleged independent contractor, Jaime Perez.

WCABPetition for ReconsiderationFindings and Orderindependent contractoremployee statusLabor Code 2750.5Business and Professions Code 7125.2license statusinsurance statusRinaldi v. Workers' Comp. Appeals Bd.
References
Case No. ADJ9097923
Regular
May 01, 2015

JOSEPH WRIGHT vs. COUNTY OF KERN

The Workers' Compensation Appeals Board dismissed the County of Kern's petition for reconsideration because it was not properly served on the EDD. The Board also noted that even if considered on the merits, the petition would likely be denied. The WCJ's findings that the applicant sustained an industrial injury and that the post-termination defense did not apply were supported by the record, particularly regarding the applicant's timely reporting of the injury. Furthermore, the Board afforded great weight to the WCJ's credibility determination of the applicant's testimony.

Petition for ReconsiderationLabor Code 3600(a)(10)Post-termination defenseTemporary Total DisabilityEDDAdverse partiesProof of serviceCredibility of applicantMedical evidenceEarning capacity
References
Case No. OAK 0251632
Regular
Aug 08, 2007

Linda Wright vs. COUNTY OF ALAMEDA, AIG

In this workers' compensation case, the Appeals Board granted removal to amend a prior order. The Board found that applicant's election to proceed against a self-insured defendant meant that AIG, as a non-elected party, could not participate in proceedings or offer evidence, thus deleting the applicant's right to rebut AIG's medical reports. The Board declined to vacate the applicant's election against the self-insured defendant, affirming the employee's unfettered right to make such an election.

Workers' Compensation Appeals BoardRemovalAgreed Medical Evaluator (AME)Labor Code Section 5500.5(c)ElectionCumulative InjuryJoint and Several LiabilityApportionmentContributionDiscovery
References
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
Case No. ADJ7313244
Regular
Sep 14, 2012

KEVIN WRIGHT vs. CALIFORNIA WATER SERVICE COMPANY

The Workers' Compensation Appeals Board is issuing a notice of intention to sanction the defendant's attorneys $500 for misrepresenting the record and failing to follow procedural rules. The defendant's petition for reconsideration selectively quoted and omitted material facts from medical depositions, thereby distorting the evidence. Specifically, the defendant misrepresented a QME's opinion on industrial causation and applicant's stress levels. This failure to fairly state the evidence and provide specific record citations violates WCAB rules and warrants sanction.

Workers Compensation Appeals BoardLabor Code section 5813cumulative trauma injuryindustrial causationPetition for ReconsiderationPanel QMEWCJRules of Practice and Procedurematerial misrepresentationselective quotation
References
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