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

Case No. ADJ12491336
Regular
May 15, 2025

ANDRES APODACA vs. BOBCAT CENTRAL, INC.; INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's petition for reconsideration. The Board subsequently affirmed, with amendments, the original Findings, Award, and Order issued by a WCJ on February 14, 2025. Specifically, the Board struck a $10,000 penalty against the defendant, concluding their actions were not unreasonable given a treating physician's opinion. The Board also upheld the WCJ's finding that applicant was entitled to retroactive temporary disability benefits until October 10, 2023, based on a later maximum medical improvement date determined by a QME. Commissioner Razo dissented regarding the majority's conclusion on the substantial medical evidence of apportionment.

AOE/COEsubstantial medical evidencepetition for reconsiderationFindings Award and OrderNotice of Intention to Impose Sanctionstemporary disability benefitspenaltyqualified medical evaluatorpermanent disability awardLabor Code sections 5813 and 5814
References
Case No. ADJ7941925 (VNO 0120392) ADJ2139821 (VNO 0472608)
Regular
Mar 25, 2013

KIM A. ALLEN vs. CITY OF PASADENA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The defendant argued that the WCJ erred in finding industrial causation for the applicant's coronary artery disease, citing res judicata and the issue not being properly raised. However, the Board found no substantial medical evidence supported the finding of industrial injury for the current condition, necessitating further proceedings. The applicant had prior stipulated awards for heart conditions, but the coronary artery disease was alleged as a new problem.

Workers' Compensation Appeals BoardCity of PasadenaPermissibly Self-InsuredFindings of FactInjury AOE/COECoronary Artery DiseaseCardiovascular SystemFirefighterCumulative PeriodRes Judicata
References
Case No. ADJ1737177 (SAC 0359710)
Regular
Aug 11, 2014

Melinda Peterson vs. ALTIM HARMONY, ATHENS ADMINISTRATORS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied an industrial injury to the applicant's left eye, despite admitting a cervical spine and psyche injury. The applicant contends that her vision loss is a result of her cervical surgery, as supported by an Agreed Medical Examiner's opinion. The Board found the medical record inadequately developed regarding the cause and industrial causation of the eye injury. Consequently, the case is returned to the trial level for further medical evaluations to establish a causal connection to the admitted injury.

Workers' Compensation Appeals BoardMelinda PetersonAltim HarmonyAthens Administrators Insurance CompanyADJ1737177SAC 0359710Petition for ReconsiderationFindings of Fact and AwardAdministrative Law JudgePermanent Disability
References
Case No. ADJ1576347 (FRE 0235267) ADJ8047239
Regular
Sep 12, 2013

MICHAEL MANFREDI vs. CITY OF FRESNO, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board denied Michael Manfredi's petition for reconsideration. Manfredi, a police officer, sought to establish two separate cumulative trauma injuries for his coronary artery disease and hypertension, rather than the single injury found by the WCJ. The Board affirmed the WCJ's finding that the continuous need for medical treatment between periods of exposure constituted a single compensable injury, citing *Western Growers*. Therefore, the original award of 20% permanent disability stands.

Cumulative traumacoronary artery diseasehypertensionpermanent disabilityreconsiderationJoint Findings of Fact and AwardWCJ ReportWestern Growers v. Workers' Comp. Appeals Board (Austin)separate injuriessingle injury
References
Case No. ADJ3705124 (VNO 0496493)
Regular
Jul 09, 2015

Dusty Glenn Garman vs. California Department of Corrections, California Substance Abuse Treatment Facility; Subsequent Injuries Benefits Trust Fund

The Appeals Board reversed a WCJ's decision, finding that applicant Dusty Glenn Garman had preexisting permanent disability or impairment prior to his industrial injury. This finding was based on substantial medical evidence, including deposition testimony from Dr. Markovitz and cardiac catheterization lab results, indicating significant coronary artery stenosis. Consequently, the Board determined that the Subsequent Injuries Benefits Trust Fund (SIF) is liable for benefits as the applicant met the statutory thresholds for such liability.

Subsequent Injuries Benefits Trust FundPreexisting permanent disabilityRetroactive prophylactic work restrictionCoronary artery diseaseApportionmentHeart troubleLabor Code § 4751Labor Code § 3212.2Medical evidenceStenosis
References
Case No. ADJ6776516
Regular
May 30, 2017

FRANCIS HARGREAVES vs. SOUTHWEST AIRLINES, ACE USA INSURANCE CO.

This case involves an applicant seeking workers' compensation benefits for injuries sustained on the job, including to his back, left shoulder, left wrist, and psyche, as well as complex regional pain syndrome, coronary artery disease, and a sleep disorder. The defendant sought reconsideration of the initial award, arguing that the medical evidence did not support the $90\%$ permanent disability finding. The Appeals Board granted reconsideration, affirming the findings of injury and treatment for Complex Regional Pain Syndrome but reducing the permanent disability to $88\%$ by excluding the sleep disorder impairment due to insufficient objective evidence. The applicant's permanent disability payments were recalculated and ordered to commence from January 21, 2011.

Workers' Compensation Appeals BoardFrancis HargreavesSouthwest AirlinesACE USA Insurance Co.Sedgwick CMSADJ6776516Opinion and Order Granting Petition for ReconsiderationFindings Award and OrderAOE/COEback injury
References
Case No. ADJ2751420 SDO 0346598 ADJ3846048 SDO 0348706 ADJ3105755 SDO 0354563
Regular
Jul 24, 2013

WILLIAM HANSEN vs. COUNTY OF SAN DIEGO

This case concerns a County of San Diego sheriff's sergeant seeking workers' compensation for multiple industrial injuries. The applicant was awarded $93\%$ permanent disability for injuries to his knees, kidneys, heart, and hypertension, but the defendant sought reconsideration. The Appeals Board granted reconsideration to amend the award, apportioning $25\%$ of the left knee disability to non-industrial factors and reducing the overall permanent disability to $91\%$. The Board otherwise affirmed the original findings regarding causation and medical treatment needs.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Sheriff's sergeantCarotid arteryHypertensionUmbilical herniaErectile dysfunction
References
Case No. ADJ6707071
Regular
Nov 02, 2011

GINA STEWART vs. CITY OF LOS ANGELES

This case concerns applicant Gina Stewart's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied reconsideration, affirming the administrative law judge's findings. Applicant sought reversal of the 95% permanent disability rating and the denial of industrial injury to her vision and gastritis. The WCAB found that the Agreed Medical Examiner's reports did not provide substantial evidence for these claims, citing a lack of reasoning and specificity.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease
References
Case No. ADJ1215365 (SJO 0260331)
Regular
Jul 07, 2017

ANTHONY DRAGO vs. CITY OF SUNNYVALE, CSAC EXCESS INSURANCE AUTHORITY

This case concerns applicant Anthony Drago's cumulative injury claim against the City of Sunnyvale and its insurer, CSAC Excess Insurance Authority, stemming from his employment as a police officer. The Workers' Compensation Appeals Board (WCAB) reconsidered a previous award, rescinding the initial $72\%$ permanent disability finding. The WCAB increased the disability rating to $84\%$, primarily due to re-evaluating applicant's cardiovascular injury based on applicant's treating physician's opinion over the defense QME. The WCAB deferred the issue of attorney's fees for further proceedings at the trial level.

WCABReconsiderationCumulative InjuryAOE/COEPermanent DisabilityQMEAMA GuidesDyslipidemiaCoronary Artery DiseaseAngiography
References
Case No. ADJ158588 (STK 0192737)
Regular
Jan 11, 2010

ROBERT NORMAN vs. CLARK PEST CONTROL, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and returned the case for further proceedings. This decision arose from conflicting medical opinions on whether the applicant's heart condition was caused by industrial stress. The Board found that neither medical evaluator adequately addressed the issue, particularly in light of established case law recognizing the link between occupational stress and heart disease. Further development of the record is necessary to ensure substantial justice and a decision supported by substantial evidence.

cumulative traumaheart diseaseoccupational stresscoronary artery diseasequalified medical evaluatorsubstantial evidencemedical opinionconflicting medical evidencefurther proceedingsdevelopment of the record
References
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