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Case Law Database

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

Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
1
Case No. SBA 0083738, SBA 0084753
Regular
Dec 04, 2007

MAGDALENA PINEDA vs. INAMED CORPORATION aka MCGHAN MEDICAL, CIGA by CAMBRIDGE INTEGRATED SERVICES, SAFECO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award. The applicant had sought reconsideration of findings that she sustained industrial injury to her bilateral upper extremities, neck musculature, shoulders, and upper back, but not to her psyche or cervical spine. The Board adopted the WCJ's report and recommendations, denying the petition and noting a potential clerical error in the award regarding medical treatment for the cervical spine and psyche.

Workers' Compensation Appeals BoardMagdalena PinedaInamed CorporationMcGhan MedicalCIGACambridge Integrated ServicesSafecobilateral upper extremitiesneck musculatureshoulders
References
0
Case No. 534402
Regular Panel Decision
Dec 15, 2022

Matter of Oberg v. Consolidated Edison Co. of N.Y., Inc.

Claimant Donald Oberg sustained neck injuries in a work-related motor vehicle accident in August 2020 and sought to amend his claim to include bilateral shoulder injuries. His treating orthopedist, Joseph Giovinazzo, opined that the shoulder injuries were causally related. However, independent medical examiner Vito Loguidice concluded that the shoulder injuries were not causally related, a finding supported by surveillance video of the accident. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Workers' Compensation Board subsequently rescinded this amendment, crediting Loguidice's opinion. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the Board's determination to disallow the amendment of Oberg's claim for bilateral shoulder injuries.

Workers' Compensation LawCausal RelationshipBilateral Shoulder InjuriesCervical RadiculopathyIndependent Medical ExaminationTreating Physician OpinionConflicting Medical EvidenceSubstantial EvidenceAppellate ReviewWorkers' Compensation Board Discretion
References
5
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
2
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ6748402
Regular
Nov 14, 2014

KRUKOR KEREMIAN vs. QUEEN OF THE VALLEY HOSPITAL, HARTFORD INSURANCE COMPANY OF THE MIDWEST, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration to amend the original award. The applicant's injury to bilateral shoulders and psyche on March 18, 2009, was affirmed. The key amendment increased the permanent disability indemnity rate to $264.50 per week as stipulated by the parties. The Board also ordered an increase in the applicant's attorney's fee, reflecting the amended indemnity award.

Krukor KeremianQueen of the Valley HospitalHartford InsuranceSedgwick CMSPetition for ReconsiderationFindings Award and Orderemergency room technicianbilateral shoulders psycheright upper extremitypermanent disability indemnity
References
0
Case No. 534402
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Donald Oberg

Donald Oberg, an automobile mechanic, appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral shoulder injuries. Oberg had an established claim for neck injuries from an August 2020 work-related motor vehicle accident. Conflicting medical opinions arose regarding the causal relationship of his bilateral shoulder injuries, with his treating orthopedist, Joseph Giovinazzo, opining they were causally related, and independent medical examiner Vito Loguidice concluding they were not. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Board rescinded this, crediting Loguidice's opinion based on medical evidence and accident video. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's determination to disallow the amendment.

Workers' CompensationShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DecisionConflicting Medical OpinionsMotor Vehicle Accident
References
5
Case No. ADJ13002649, ADJ13002697
Regular
Oct 20, 2025

LORENZO TORRES vs. KOOS MANUFACTURING COMPANY, INC.; SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration of a Joint Findings and Award (F&A) issued on July 21, 2025. The F&A, authored by a Workers' Compensation Judge, found that applicant Lorenzo Torres sustained injuries arising out of and in the course of employment (AOE/COE) to his lumbar spine and psyche (ADJ13002649), with the psychological injury not precluded by a good faith personnel action defense, resulting in temporary partial disability and 14% permanent disability to the lumbar spine. Additionally, applicant sustained AOE/COE injuries to his right and left shoulders (ADJ13002697), leading to 3% and 4% permanent disability respectively. Defendant challenged these findings, arguing insufficient evidence for the psyche injury, unjustified temporary partial disability, a lower lumbar spine impairment, and no industrial shoulder injury. The Appeals Board reviewed the matter, including the WCJ's Report and Recommendation, and found the WCJ's conclusions to be supported by substantial evidence. Consequently, the Board affirmed the original F&A and denied the reconsideration petition.

AOE/COEGood Faith Personnel Action DefensePsychological InjuryLumbar Spine InjuryShoulder InjuryTemporary Partial DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorSubstantial Evidence
References
11
Case No. ADJ7952937
Regular
Aug 28, 2015

CARLOS MENDOZA vs. ROY'S RESTAURANT, TRAVELERS PROPERTY CASUALTY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on the employer's petition challenging the finding of cumulative industrial injury. The WCAB found the Agreed Medical Evaluator's (AME) opinion on causation lacked substantial evidence, failing to explain how employment caused the claimed injuries. Consequently, the WCAB affirmed the denial of injury to the neck, shoulders, and psyche. However, the WCAB deferred determination on industrial injury to the applicant's low back, bilateral knees, and left wrist, returning the case to the trial level for further proceedings.

Petition for ReconsiderationAgreed Medical Evaluator (AME)cumulative industrial injurylumbar spinebilateral kneesleft wristneckshoulderspsychenon-industrial causation
References
0
Case No. ADJ8433514
Regular
Mar 22, 2019

EZEQUIEL MELGOZA vs. PRKACIN COMPANY, EVEREST NATIONAL INSURANCE COMPANY

This case involves an applicant who sustained industrial injuries to multiple body parts including shoulders, wrists, spine, ribs, sternum, and psyche. The defendant appealed the finding of 73% permanent disability, arguing it was unsupported by medical evidence and improperly calculated. The Appeals Board affirmed the original award, finding substantial medical evidence supported the assigned impairments for each body part. The Board also upheld the decision to add bilateral upper extremity disabilities due to a synergistic effect, rather than combining them under the Combined Values Chart.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityWhole Person ImpairmentDRE Cervical Category IIIAMA GuidesCombined Values ChartSynergistic EffectOrthopedicsDr. Ganjianpour
References
6
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