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

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. 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. 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. ADJ6993450
Regular
Dec 03, 2015

KIT DAWSON vs. SAN DIEGO TRANSIT, ACE AMERICAN INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior decision awarding the applicant 100% permanent disability under Labor Code section 4662(a)(3) due to a severe spinal cord injury causing practically total paralysis. This injury was a compensable consequence of a motor vehicle accident, which itself was deemed a consequence of two prior industrial injuries. The Board found that the defendant failed to meet its burden of proof for apportionment, as there was no medical evidence linking the prior shoulder injuries to the applicant's current paralysis. Therefore, the applicant is entitled to the conclusive presumption of permanent total disability without apportionment.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentLabor Code Section 4662(a)Compensable Consequence InjuryMotor Vehicle AccidentSpinal Cord InjuryPractically Total ParalysisQuadriplegic
References
Case No. ADJ6637625
Regular
Dec 20, 2019

ANGELA WILLIAMS vs. CLOVIS COMMUNITY HOSPITAL, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied Clovis Community Hospital's petition for reconsideration of a permanent total disability award for Angela Williams. The Board affirmed the finding that Ms. Williams is permanently and totally disabled due to an industrial injury as a registered nurse, deeming vocational evidence that she is not amenable to rehabilitation and precluded from the labor market to be persuasive. The Board also found that a subsequent motor vehicle accident, occurring while Ms. Williams was traveling from a medical appointment for her industrial injury, was a compensable consequence, and no evidence suggested material deviation from the route. Therefore, defendant's arguments regarding medical ratings and apportionment were rejected, and the original award was upheld.

Permanent total disabilityvocational evidencescheduled permanent disability ratingAgreed Medical Examinermotor vehicle accidentapportionmentcompensable consequencematerial deviationLabor Code section 4660Labor Code section 4663
References
Case No. ADJ9387304
Regular
Jan 20, 2023

Juan Guzman vs. ADP TOTAL SOURCE, INC./DURACITE, HELMSMAN MANAGEMENT SERVICES

Applicant sought reconsideration of a Workers' Compensation Appeals Board decision finding a 45% permanent partial disability for a 2013 injury. Applicant contended the injury caused permanent total disability, not partial. The Board granted reconsideration and the parties subsequently reached a settlement via a Compromise and Release agreement. The Board rescinded the original decision and remanded the case to the WCJ to consider the settlement, reserving judgment on the merits of the reconsideration petition.

Workers' Compensation Appeals BoardJuan GuzmanADP Total SourceHelmsman Management Serviceslumbar spine injuryhead injurypsyche injurygranite edge fabricatorpermanent partial disabilitypermanent total disability
References
Case No. ADJ8489468
Regular
Jun 15, 2018

ROLE BRODIE vs. AEROTEK COMMERCIAL STAFFING, ACE AMERICAN INSURANCE COMPANY

This case involves a workers' compensation claim by Roly Brodie against Aerotek Commercial Staffing and its insurer. The applicant was found to have sustained injuries to multiple body parts, including bilateral wrists, back, shoulders, neck, psyche, and hands, resulting in temporary total disability and a need for further medical treatment. The defendant petitioned for reconsideration, challenging only the finding of permanent and total disability ($100\%$) due to alleged lack of applicant credibility. The Workers' Compensation Appeals Board affirmed the original award, upholding the finding of permanent and total disability.

Findings of FactAward and OrdersPetition for ReconsiderationWCJcumulative periodtemporary total disabilitypermanent and total disabilitysubstantial evidenceapplicant's lack of credibilityReport and Recommendation on Petition for Reconsideration
References
Case No. ADJ9466180
Regular
Sep 28, 2017

Erin Inman vs. VENTURA REGIONAL SANITATION DISTRICT

The applicant, Erin Inman, seeks reconsideration of a prior award finding 73% permanent disability due to a cumulative trauma injury to her left wrist resulting in reflex sympathetic dystrophy (RSD). She contends she is totally disabled, citing the Agreed Medical Examiner (AME) Dr. Sohn's opinion that she cannot use either hand and is therefore conclusively presumed totally disabled under Labor Code section 4662(a). The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record. The Board found Dr. Sohn's opinion on total disability was not yet definitive as he repeatedly recommended a pain management evaluation and reserved judgment pending its outcome. Therefore, the determination of permanent disability and attorney fees is deferred pending a pain management evaluation and subsequent opinion from the AME.

Reflex Sympathetic DystrophyCumulative TraumaPermanent Total DisabilityAgreed Medical ExaminerPain Management PhysicianBody Parts AffectedLabor Code Section 4662Permanent Disability RatingMedical Record DevelopmentPetition for Reconsideration
References
Case No. ADJ802221
Significant
May 21, 2014

Warren Brower, Applicant vs. David Jones Construction, State Compensation Insurance Fund

This en banc decision holds that when temporary disability payments cease due to the statutory 104-week cap, permanent disability indemnity payments must commence based on a reasonable estimate, even if the injured worker is not yet permanent and stationary. If the worker is later found to be permanently totally disabled, the payments are adjusted retroactively to the permanent total disability rate.

En banc decisionReconsiderationFindings and AwardTemporary total disabilityPermanent total disabilityLabor Code section 4656(c)(1)Labor Code section 4650(b)Cost of living adjustments (COLAs)Agreed medical evaluator (AME)Treating physician
References
Case No. ADJ8134312
Regular
Sep 15, 2016

ERNIE GALLEGOS vs. GROTH BROTHERS CHEVROLET, AUTO DEALERS COMPENSATION OF CALIFORNIA, CORVEL

The applicant sustained a right knee injury, leading to a total knee replacement. The original award granted permanent disability without apportionment, which the defendant appealed. The Appeals Board granted reconsideration, finding that apportionment to pre-existing knee conditions was legally permissible even after total knee replacement. The case is remanded for a new award based on the Qualified Medical Evaluator's 50% apportionment to pre-existing pathology. A dissenting opinion argues the medical evidence lacked sufficient reasoning to support apportionment.

WORKERS' COMPENSATION APPEALS BOARDERNE GALLEGOSGROTH BROTHERS CHEVROLETAUTO DEALERS COMPENSATION OF CALIFORNIACORVELADJ8134312PETITION FOR RECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENT
References
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