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

Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ9549773
Regular
Nov 13, 2015

EDWARD BAUTISTA vs. ARLON GRAPHICS, TRAVELERS

The Appeals Board dismissed the applicant's petition for reconsideration or removal, finding the WCJ's order was not a final determination. The WCJ correctly ordered the applicant to first discuss his anxiety symptoms and need for psychological referral with his primary treating orthopedist. Applicant is not entitled to a second opinion from a psychologist until the primary treating physician has diagnosed the anxiety or determined a referral is unnecessary. Commissioner Sweeney dissented, believing the applicant had an absolute right to an MPN second opinion for his psychiatric condition without first obtaining a referral from his orthopedist.

ADJ9549773Arlon GraphicsTravelersPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardWCJLabor Code Section 4616.3Labor Code Section 4616.4Administrative Director Rules
References
Case No. STK 0204737
Regular
May 13, 2008

EDUARDO MACHADO vs. GALLO GLASS COMPANY

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration, upholding a prior award finding applicant sustained industrial injury to his face, right shoulder, and related issues like sleeping problems, anxiety, and vision. While temporary disability was awarded for a specific period, permanent disability was deferred pending further evaluation, and future medical care was deemed necessary. The majority adopted the WCJ's report, finding sufficient evidence to link the anxiety, sleeping, and vision issues to the head injury, despite the defendant's arguments to the contrary.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award and OrderIndustrial InjuryJanitorTemporary DisabilityFuture Medical CarePermanent DisabilitySleeping ProblemsAnxiety
References
Case No. ADJ4080665
Regular
Apr 24, 2012

LAO-35 XYZZX vs. ANTHONY INTERNATIONAL, INC., TRAVELERS INSURANCE COMPANY

This case involves an applicant claiming cumulative trauma injury resulting in stress, depression, and anxiety due to workplace issues at Anthony International, Inc. The applicant alleged unwarranted criticism, witnessing drug use, and general stress. Defense witnesses, including a former supervisor and coworker, credibly refuted the applicant's allegations and attributed his problems to new management and his own impatience. The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding of no credible evidence supporting the applicant's claim.

WCABLAOAnthony InternationalTravelers InsuranceADJ4080665Petition for ReconsiderationTake Nothing OrderCumulative TraumaStressDepression
References
Case No. ADJ1047594 (VNO 0549852)
Regular
Dec 22, 2016

Diane De Los Reyes vs. Mediscan, Zurich American Insurance Company

In this case, the applicant, Diane De Los Reyes, sought reimbursement for self-procured medical treatment related to her work-induced Reactive Airway Disease and Anxiety Disorder. The Appeals Board found that some of the applicant's self-procured treatment was likely industrial and reversed the WCJ's finding that all such treatment was non-industrial. The Board therefore rescinded the original order and returned the matter to the WCJ for further proceedings to determine the extent of reimbursable self-procured medical treatment and associated penalties. The applicant's entitlement to reimbursement for medical mileage and penalties thereon was affirmed.

Workers' Compensation Appeals BoardReconsiderationAgreed Medical EvaluatorReactive Airway DiseaseAnxiety DisorderSelf-procured Medical TreatmentReimbursementPenaltiesMedical MileageLabor Code § 4600(a)
References
Case No. POM 0216385
Regular
Jul 18, 2007

JEN-KANG YANG vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge Slucter and for automatic reassignment. The Board found that the applicant's petition for disqualification lacked the required affidavit and did not cite statutory grounds applicable to workers' compensation proceedings. The petition for automatic reassignment was denied as untimely because the applicant did not exercise the right at the mandatory settlement conference.

Workers Compensation Appeals BoardPetition for DisqualificationPetition for Automatic ReassignmentLabor Code Section 5311WCAB Rule 10453Code of Civil Procedure Sections 170.1 and 170.6Administrative Law Judge (WCJ)Industrial InjuryPsycheStress
References
Case No. ADJ15406376
Regular
Nov 03, 2025

Francisco Mendoza Olivares vs. Barrett Business Services, Inc.; Ace American Insurance Company

Applicant Francisco Mendoza Olivares sought reconsideration of a WCJ's Findings of Fact and Order dated July 25, 2025, which determined he did not sustain an injury arising out of and in the course of employment to multiple body parts. The applicant argued the WCJ applied an incorrect legal standard for causation and requested further medical evaluations. The Workers' Compensation Appeals Board granted the petition for reconsideration, concluding that the record requires further development to ascertain if substantial evidence supports the WCJ's initial decision regarding the injury's causation and to clarify whether the claim involves a specific injury or a cumulative injury. A final decision on the merits of the reconsideration is deferred.

Chagas diseasecumulative injuryinsect bitecardiacneurologyophthalmologyENTgastritisneuropathychronic pain
References
Case No. ADJ1806161 (LBO 0392151)
Regular
Jun 22, 2009

TRACY SPENCER vs. CITY OF INGLEWOOD

The applicant sought reconsideration of a decision denying workers' compensation benefits for alleged psychiatric injury. The Appeals Board denied reconsideration, finding the applicant failed to meet her burden of proof for a psychiatric injury due to a lack of substantial medical evidence. Furthermore, the Board determined that the applicant was afforded due process, receiving proper notice and opportunity to be heard, despite her failure to appear at trial. The WCJ's decision was upheld, as the applicant did not respond to opportunities to show good cause or present further evidence.

Workers' Compensation Appeals BoardTracy SpencerCity of InglewoodPermissibly Self-InsuredADJ1806161LBO 0392151Opinion and Order Denying Reconsiderationindustrial injuryadministrative analystcumulative period
References
Case No. ADJ7978937
Regular
Aug 26, 2014

KATHERINE JAMES vs. STATE OF CALIFORNIA, CSP KINGS COUNTY AT CORCORAN, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Appeals Board granted reconsideration and amended the original award, admitting defendant's Exhibit E and adjusting the temporary disability indemnity rate. While affirming the finding of a psychiatric injury, the Board rescinded all penalties and sanctions previously awarded. Defendant's assertion of a good faith personnel action defense was deemed reasonable, thus precluding penalties for delayed payment. Temporary disability amounts are to be adjusted by the parties, with jurisdiction reserved for future disputes.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryGastrointestinal SystemDepressionAnxietyPanic AttacksLoss of AppetiteTemporary DisabilityPenalties
References
Case No. ADJ9513119
Regular
Aug 01, 2018

JOHN CALLANAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's take-nothing order due to insufficient factual and legal development regarding the applicant's psychiatric and internal injuries. The WCAB determined that further evidence is required to address causation and "actual events" of employment for the psychiatric claim, as well as to clarify opinions on specific versus cumulative trauma for both the psychiatric and internal injury claims. The matter was returned to the trial level for further proceedings and a new decision by the workers' compensation judge, with the WCAB expressing no final opinion on any substantive issue. The appeals board also noted potential issues with the good faith personnel action defense and the apportionment of impairment versus injury.

Workers' Compensation Appeals BoardPsychiatric InjuryActual Events of EmploymentCumulative TraumaSpecific InjuryGood Faith Personnel ActionPanic AttackAnxietyInternal System InjuryDyspepsia
References
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