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

Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ7775170
Regular
Jul 16, 2012

JUANA NEGRETE vs. SHURFLO, HAMPSHIRE INSURANCE COMPANY

This case involves an applicant's workers' compensation claim filed after layoff, triggering Labor Code Section 3600(a)(10). The Appeals Board granted reconsideration, finding the applicant met her burden of proof that she notified her employer of her injury prior to her layoff. The applicant's unrebutted testimony and supporting medical evidence demonstrated employer notice, thus overcoming the statutory bar to compensation. The case was remanded for further proceedings on the merits of the applicant's claim.

Workers' Compensation Appeals BoardJuana NegreteShurfloHampshire Insurance CompanyADJ7775170Opinion and Order Granting ReconsiderationDecision After Reconsiderationbilateral armsbilateral elbowssleep problems
References
Case No. ADJ2363674 (ANA 0405865) ADJ2676561 (ANA 0405866)
Regular
Oct 15, 2008

MARIA OCAMPO vs. GREER COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a Joint Findings and Award and Order where the employer and insurer disputed the judge's findings on MPN notices, treatment with a specific doctor, and liability for psychological treatment. The Board found reconsideration necessary to fully study the factual and legal issues before issuing a final decision. The order also redirected all future communications to the Board's reconsideration unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryNeck InjuryShoulder InjuryUpper Extremity InjuryAssemblerMPN NoticesMedical Treatment
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ7236056
Regular
Jul 21, 2011

KAREN MARTIN vs. MANPOWER, INC., GALLAGHER BASSETT SERVICES, INC.

This case concerns an applicant who sustained a left knee and back injury but also claimed injury to her neck and left shoulder. The applicant petitioned for reconsideration of an order requiring her to treat within the Medical Provider Network (MPN), alleging the MPN notice was defective due to its provision method and delayed list. The Board denied the petition, adopting the WCJ's reasoning that while there were initial MPN notice defects, they were corrected and do not exempt the applicant from MPN treatment. While acknowledging concern over the delay in providing a usable MPN list, the Board found no authority to overturn the original order.

Workers' Compensation Appeals BoardManpower Inc.Gallagher Bassett Services Inc.MPNMedical Provider Networkdefective noticeexpedited hearingFindings and OrderPetition for ReconsiderationWCJ
References
Case No. ADJ1997686 (MON 0358806)
Regular
May 24, 2011

JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC., ACE AMERICAN INSURANCE COMPANY

The Appeals Board reversed the WCJ's award of 16% permanent disability for a neck injury. Dr. Brickman's report, which supported the award, was deemed unsubstantial as it relied on an incorrect medical history and erroneous legal theory regarding the cause of the applicant's sleep disturbance. The Board found that the applicant's sleep issues stemmed from a non-compensable psychological condition, not neck pain. Consequently, the Board adopted the opinion of PQME Dr. Portnoff, who concluded the applicant sustained a cervical strain with no resulting permanent disability.

Workers' Compensation Appeals BoardEAMS processing delayFindings and Awardindustrial injuryneck injuryassemblertemporary disabilitypermanent disabilityself-procured careAMA Guides
References
Case No. ADJ2301385
Regular
May 29, 2009

SANDRA SILVA vs. MEDTRONIC, ACE PROPERTY AND CASUALTY COMPANY, adjusted by ESIS

This case involves a lien claimant seeking reconsideration of a workers' compensation award for medical treatment expenses. The claimant argued the judge miscalculated the reimbursement amount for treatment services based on the official fee schedule. The Appeals Board granted reconsideration, agreeing to amend the award to reflect the correct medical treatment reimbursement of $2,118.50. This decision was made despite a procedural delay in acknowledging the petition for reconsideration due to an electronic filing error.

Reinherz Chiropracticlien claimantreconsiderationmedical-legal feesmedical treatment expensesofficial medical fee scheduleEAMSShipley v. Workers' Comp. Appeals Bd.due processLabor Code section 5909
References
Case No. ADJ7936482
Regular
Apr 20, 2020

EXTELA MONTIEL vs. MICRO SOLUTIONS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further study factual and legal issues concerning an applicant's permanent disability award. Key disputes involve the correct permanent disability indemnity rate, with the defendant arguing for a lower weekly rate based on the injury date, and the validity of the $60\%$ permanent disability finding due to conflicting medical opinions. The Board found deficiencies in the medical evidence regarding psychiatric permanent disability and issues with the apportionment of that disability. Consequently, the Board deferred resolution of temporary disability, the EDD lien, permanent disability, apportionment, and the permanent disability rate pending further record development.

Petition for ReconsiderationFindings and AwardSupervising assemblerAdmitted industrial injuryNon-admitted injuryCervical spinePsychePermanent disabilityLabor Code section 4658(d)GAF
References
Case No. ADJ2746912 (SFO 0432276)
Regular
Jul 06, 2009

JANICE HOLMES vs. NEXT LEVEL COMMUNICATIONS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order terminating temporary disability, deeming the applicant's petition timely due to defective service of the original order. The Board found inconsistencies in the defendant's petition and a lack of medical evidence to support a finding of permanent and stationary status. Consequently, the Board rescinded the termination order and returned the case for further proceedings on the issue of total temporary disability.

Workers' Compensation Appeals BoardTemporary Disability IndemnityReconsiderationOrder Terminating LiabilityIndustrial InjuryMechanical AssemblerStock PersonBack InjuryNeck InjuryBilateral Upper Extremities
References
Case No. ADJ8075069
Regular
Oct 17, 2013

African Grant vs. Washington Redskins, Hartford Insurance Company

This case involves a petition for reconsideration filed by the Washington Redskins and their insurer, Hartford Insurance Company, concerning a workers' compensation award. The petition was dismissed because it was filed beyond the statutory 25-day deadline after the initial Findings and Award were issued. Even if considered on its merits, the Board would have denied reconsideration based on the provided report and recommendation. The Judge's report details that the applicant, African Grant, sustained a cumulative trauma injury over his football career, and the dismissal was based solely on the untimeliness of the petition.

Petition for Reconsiderationuntimely filingLabor Code Section 5903cumulative traumastatute of limitationsLabor Code Section 5412substantial evidenceLabor Code Section 5500.5relation back doctrinejurisdiction
References
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