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

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. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Oct 29, 2010

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the applicant's entitlement to 24/7 home health care. The Board adopted the WCJ's report and emphasized that the defendant failed to submit the primary treating physician's request for this care to mandatory utilization review. Citing *Sandhagen*, the Board affirmed that Labor Code ยง 4610 utilization review is the sole mechanism to challenge medical treatment requests. Therefore, the defendant's failure to follow this process bars their current challenge to the 24/7 home health care.

Workers' Compensation Appeals BoardConnie AlvizoDepartment of Industrial RelationsPermissibly UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and Orderhome health care24 hour/7 days per weeksenior legal stenographer
References
Case No. ADJ3496977 (AHM 0123782) ADJ4522580 (AHM 0123784) ADJ285268 (AHM 0123786) ADJ3502821 (AHM 0123784)
Regular
May 24, 2010

CARL DIXON vs. PHILLIPS BUICK, PONTIAC & MAZDA, CLARENDON NATIONAL INSURANCE COMPANY, SECURITY INSURANCE COMPANY

The Appeals Board granted reconsideration sua sponte due to the WCJ's failure to make an express finding on the date of injury in one case and contradictory findings in others despite party stipulations. The Board also rescinded the decision concerning utilization review as it conflicted with current case law. Due to significant procedural and substantive defects in the applicant's petition, including improper filing and a non-attorney preparing the document without disclosure, the Board is providing notice of its intention to impose sanctions on applicant's counsel. The matters are returned to the trial level for further proceedings and decision.

WCABReconsiderationJoint Findings Award and OrderBody shop technicianIndustrial injuryLow backLeft shoulderBilateral wristsBilateral handsPetition for reconsideration
References
Case No. ADJ12080314
Regular
Aug 26, 2019

VICTORIA TRUJILLO vs. CHEVRON, BROADSPIRE

Applicant seeks reconsideration of an order approving a compromise and release for $\$ 25,000.00$ for bilateral wrist, hand, and finger injuries. Applicant contends the settlement was underpaid and did not reflect the negotiated agreement. The Appeals Board dismissed the petition for reconsideration as premature because no evidence was presented to support the applicant's claims regarding the payment dispute. The matter is remanded for a hearing to create a record for the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and Releasebilateral wristsbilateral handsbilateral fingersbusiness analystlump sum paymentnegotiated settlement agreementunderpaid settlement proceeds
References
Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
Case No. ADJ14263093
Regular
Apr 12, 2023

CECILIA OJEDA vs. AMY'S KITCHEN, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Here's a summary of the case for a lawyer: The applicant claimed cumulative injury to her neck, bilateral wrists, shoulders, and upper extremities, which the employer initially denied for all body parts except the neck. The WCJ found injury to all claimed body parts, relying on treating physicians' reports, and found the QME's reports unsubstantial due to inconsistencies and admissions of uncertainty during deposition. The defendant sought reconsideration, arguing the QME's opinion was substantial evidence regarding injured body parts and permanent disability. The Appeals Board denied reconsideration, adopting the WCJ's reasoning that the QME's testimony was too speculative and contradictory to constitute substantial evidence for the disputed body parts.

AOE/COEPetition for ReconsiderationFindings and AwardOrthopedic Qualified Medical Examiner (QME)Substantial EvidenceCumulative InjuryBilateral WristsBilateral ShouldersBilateral Upper ExtremitiesCervical Radiculopathy
References
Case No. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ2957389 (RDG 0129189)
Regular
Aug 28, 2013

WAYNE BREWER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS HIGH DESERT STATE PRISON

The Appeals Board rescinded the prior award of 100% permanent disability due to an industrial injury sustained by the applicant, a correctional officer. The Board found that the vocational expert's opinion on total loss of earning capacity was not substantial evidence because it failed to properly apportion disability to non-industrial factors, a duty that falls on the WCJ, not the rater. Issues of permanent disability, apportionment, and attorney fees were deferred and returned to the trial level for further development of the record and reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injurycorrectional officerbilateral shouldersbilateral kneesbilateral feetlumbar spinethoracic spine
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
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