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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ599176 (SAC 0333692) ADJ2396484 (RDG 0122019) ADJ7950339
Regular
Mar 21, 2017

Fernando Muniz Villalpando vs. Doherty Brothers, Martin Dusters, State Compensation Insurance Fund

This case involves an applicant seeking to self-administer his Medical Set-Aside Account (MSA) after previously agreeing to third-party administration by Bridge Pointe/NuQuest. The Appeals Board granted reconsideration, rescinded the prior order, and returned the matter to the trial level. The Board found that the trial judge needs to review the original agreement to determine if it allows for a change of administration or if applicant has contractual rights to pursue this. Further proceedings will assess applicant's competency for self-administration and any opposition from the defendant.

Medical Set-Aside AccountMSAPetition for ReconsiderationJoint Findings and OrderMedical Set-Aside Account administrationself-administrationBridge PointeNuQuestState Compensation Insurance FundCompromise and Release Agreement
References
Case No. ADJ16783938; ADJ16778187
Regular
Aug 28, 2025

Polly Mark Dizon vs. Spears Manufacturing Company, Zurich San Francisco

Applicant Polly Mark Dizon filed applications for cumulative and specific injuries. The Workers' Compensation Administrative Law Judge (WCJ) issued a Findings and Order (F&O) requiring additional Qualified Medical Examination (QME) panels, which the defendant opposed. Defendant filed a Petition for Removal, arguing they would suffer substantial prejudice. The Appeals Board granted the Petition for Removal, finding that due process was violated as no evidentiary record was made, and the Minutes of Hearing were unclear. Consequently, the May 24, 2024 F&O was rescinded, and the matter returned to the trial level for further proceedings consistent with the Board's opinion.

Petition for RemovalQualified Medical Examinationsubstantial prejudiceMinutes of HearingOrdered Off CalendarFindings and OrderHearing LossHeadachesNeurologyAudiology
References
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
Case No. ADJ7764965, ADJ7764962
Regular
May 04, 2016

TONY RODRIGUEZ vs. CALIFORNIA MANUFACTURING AND ENGINEERING COMPANY, AMTRUST NORTH AMERICA

This Workers' Compensation Appeals Board case concerns the timeliness of a Utilization Review (UR) denial for medical treatment. The Board treated the applicant's Petition for Removal as a Petition for Reconsideration, ultimately denying it. The Board agreed with the Administrative Law Judge (WCJ) that the UR denial was timely because Martin Luther King Jr. Day, a state holiday, was correctly excluded from the five-day review period. The Board also cautioned against post-hearing discovery attempts by applicant's counsel.

Utilization ReviewTimelinessExpedited HearingPetition for RemovalPetition for ReconsiderationIndependent Medical ReviewBusiness DayMartin Luther King DayStatutory InterpretationRegulatory Provisions
References
Case No. ADJ4295446 (GOL 0087464)
Regular
Mar 20, 2014

Virginia Landaw vs. Toyota of Santa Barbara, Public Service Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to have hearings held at the Santa Barbara district office rather than Oxnard. The WCAB found that the relocation was necessary due to insufficient space at the Santa Barbara facility, impacting lobby, hearing room, and parking availability. The Board reaffirmed its authority to calendar hearings at different offices based on available resources and cited the applicant's minimal increased travel as insufficient grounds for removal. The WCAB also highlighted the availability of CourtCall and the ongoing efforts to secure a more suitable Santa Barbara location.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingJudicial NoticeAdministrative Law Judge
References
Case No. ADJ 7941996
Regular
Apr 26, 2016

ROBERTO ALVAREZ vs. LINK STAFFING, INC., ARCH INSURANCE COMPANY

This case concerns a disputed lien dismissal where the lien claimant's representative allegedly falsified hearing minutes to obtain the rescission of a dismissal order. The Appeals Board dismissed the employer's petition for reconsideration because the rescission order was not a final decision. However, the Board granted removal due to serious allegations of misconduct, remanding the case to the WCJ for an evidentiary hearing on whether the representative appeared, tampered with records, or made false statements. The WCJ is also tasked with making findings and recommendations on potential sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardReconsiderationLien DismissalPetition for ReconsiderationPetition for RemovalMinutes of HearingFraudMisconductSanctionsLabor Code Section 5813
References
Case No. ADJ357004 (LAO 0805077)
Regular
Apr 18, 2018

MARIA ESQUEDA vs. CSK AUTO CORPORATION dba KRAIGEN AUTO PARTS, ARROWPOINT CAPITAL CORPORATION, LIBERTY MUTUAL

This case involves a defendant seeking reconsideration of two orders allowing lien claims. The defendant argues they were never properly served with notice of the hearings or the orders, thus violating their due process rights. The Workers' Compensation Appeals Board granted reconsideration, finding the defendant's assertion of defective service persuasive. The Board rescinded the prior orders and returned the matter to the trial level for further proceedings to ensure proper notice and a fair hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Allowing LienProof of ServiceDue ProcessNotice of HearingWCJRescindedReturned to Trial Level
References
Case No. ADJ3823182
Regular
Dec 08, 2015

CONNA SMITH vs. SPRAY, GOULD & BOWERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied applicant's Petition for Removal because she failed to demonstrate significant prejudice or irreparable harm. While the Board treated the petition as timely filed due to issues with service of the Notice of Hearing, it found that removal was not warranted. The Board noted that the applicant requested an expedited hearing on issues that were previously taken off calendar and not adequately specified, justifying the WCJ's decision to set a status conference instead. The Board also warned the applicant about potential vexatious litigant status.

Petition for RemovalDeclaration of Readiness to ProceedExpedited HearingStatus ConferenceTimelinessProof of ServiceMail ServiceNotice of HearingWCABAdministrative Law Judge
References
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