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

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. 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. ADJ 8560911
Regular
May 02, 2016

TIM MCDONALD vs. SAN FRANCISCO 49ERS, TIG SPECIALTY COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the original award of 73% permanent disability and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, not an older schedule, should be used for rating the applicant's cumulative trauma injury claim filed in 2012. The case is returned to the trial level for a new determination of permanent disability using the 2005 schedule, affirming findings on injury and medical treatment.

Workers' Compensation Appeals BoardSan Francisco 49ersTIG Specialty Companyindustrial injuryprofessional athletefootball playerstrong safetycumulative traumapermanent disabilityapportionment
References
Case No. ADJ4353489 (VNO 0469742)
Regular
Aug 18, 2011

, JEFFREY JONES, vs. , INTERLINK MORTGAGE SERVICES; STATE COMPENSATION INSURANCE FUND,

This case concerns a claimant's eight-year delay in pursuing his workers' compensation claim, during which time he filed an application but took no further action. The claimant then sought to depose a retired QME who is elderly and ill. The Appeals Board granted the defendant's Petition for Removal, finding no good cause for the deposition due to the claimant's unexplained delay and lack of stated necessity. Consequently, the Board rescinded the orders compelling the deposition and denied the claimant's petition.

Petition for RemovalQualified Medical Evaluator (QME)DepositionOrder Compelling DepositionStrike ReportIndustrial InjuryApplication for Adjudication of ClaimPetition for DismissalPetition to Compel DepositionBurden of Proof
References
Case No. ADJ8241877
Regular
May 02, 2014

CONNA NICHOLS, DONNA NICHOLS, DONNA M. NICHOLS vs. EARLY LEARNING INSTITUTE, REPUBLIC INDEMNITY COMPANY OF AMERICA, REPUBLIC INDEMNITY CO.

This case concerns a Petition for Removal denied by the Workers' Compensation Appeals Board (WCAB). The applicant, Donna Nichols, sought removal of an order compelling her deposition, alleging defects and medical inability to attend. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which found the petition lacked merit. The WCJ reasoned that the deposition order was not a "walk-through" petition and that the applicant's medical evidence was insufficient to justify further delay.

Petition for RemovalWorkers' Compensation Appeals BoardWCJLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ8241877depositionPetition to Compel Attendance at DepositionDeclaration of Readiness to Proceedwalk-through petition
References
Case No. LBO 0297361
Regular
Nov 28, 2007

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CIGA by its servicing representative, CAMBRIDGE INTEGRATED SERVICES, for Reliance Insurance, in liquidation

The Appeals Board dismissed petitions for reconsideration and removal challenging an order compelling the applicant's wife to attend a continued deposition. The pro se petition was dismissed as untimely and unverified, while the attorney's petition was dismissed because discovery orders are not final and thus not subject to reconsideration. The Board affirmed the WCJ's order, finding the wife waived her marital privilege by appearing and testifying, and cautioned parties about potential sanctions for their behavior.

WCABPetition for ReconsiderationPetition for Removaldepositionmarital privilegechild care reimbursementdiscovery orderinterlocutory orderfinal orderuntimely petition
References
Case No. ADJ8743098
Regular
Feb 07, 2017

REGULO HERNANDEZ AGUILAR vs. PRIMA PIZZA d/b/a DOMINOS PIZZA, HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to overturn an order compelling the deposition of their claims adjuster, arguing it was intended to harass. However, the WCAB found the order was an interlocutory procedural decision, not a final order subject to reconsideration. Furthermore, the defendant failed to demonstrate the extraordinary circumstances required for removal.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ Orderdepositionclaims adjusterPetition to QuashPetition to Compelfinal orderinterlocutory order
References
Case No. ADJ7803842
Regular
May 03, 2016

RAONAL SMITH vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (ALJ) finding of jurisdiction over the applicant's cumulative industrial injury claim against the St. Louis Rams. The defendant insurer argued California lacked sufficient connection to the injury, citing a previous case. The Board rescinded the ALJ's decision because the record was unclear regarding the evidence considered, particularly a deposition transcript that the ALJ indicated would be reviewed. The case is returned to the trial level for the ALJ to clarify the record, address the deposition transcript and related objections, and rule on the contention that the applicant was hired in California.

Workers' Compensation Appeals BoardSt. Louis RamsGreat Divide Insurance Companycumulative industrial injuryprofessional athleteoffensive linebackersubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Petition for ReconsiderationWCJ's Findings of Fact
References
Case No. ADJ8750265
Regular
Apr 17, 2017

EDUARDO VILCHES CABRERA vs. TOWN OF SCOTIA CO. PACIFIC LUMBER, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that denied the defendant's request to compel the applicant's deposition. The Board found good cause existed for the deposition because a 2014 MRI showed a worsening of the applicant's knee condition, necessitating a second surgery, despite a prior QME report attributing 100% of permanent disability to the original 2006 industrial injury. This new development raised questions about potential subsequent injuries or intervening causes that could affect reimbursement. The Board permitted the deposition to gather information regarding the applicant's employment and any events between the QME's 2013 evaluation and the 2014 MRI.

Petition for RemovalSecond Order Denying Petition to CompelStipulations and AwardQualified Medical EvaluatorPetition to Compeldepositionmaterial change in medical conditionreimbursementsubsequent employmentgood cause
References
Case No. ADJ10832179
Regular
Jun 08, 2018

ELIZABETH OLIVAS MONTOYA vs. SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order compelling her deposition. However, the Board granted the petition for removal, rescinded the deposition order, and returned the matter to the trial level. This decision was based on the applicant's inability to drive due to injury and subsequent complications with her attorney's health, coupled with the procedural issue of not allowing the applicant an opportunity to be heard before the order was issued. The Board hopes the parties can resolve the deposition dispute amicably at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Compelling Attendance at DepositionWCJCumulative TraumaInstructional AssistantPetition to Compel DepositionOpportunity to be heardKnee Injury
References
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