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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ16120106
Regular
Sep 29, 2025

DARRELL TOLE vs. ZURICH AMERICAN INSURANCE COMPANY, COTTINGHAM AND BUTLER CLAIMS SERVICES, BIAGI BROTHERS INCORPORATED

Defendant filed a Petition for Reconsideration of the Findings, Award and Orders (FA&O) issued July 2, 2025, which found a closed period of temporary disability for applicant Darrell Tole, a truck driver who sustained injury to bilateral knees on February 18, 2022. The defendant argued that the finding of temporary disability required contemporaneous medical reporting. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report that PQME chiropractor Michaels' medical opinion, supported by medical and testimonial evidence, constituted substantial evidence for the temporary disability period. The WCAB also noted the WCJ's credibility determination was given great weight.

WORKERS' COMPENSATION APPEALS BOARDDARRELL TOLEZURICH AMERICAN INSURANCE COMPANYBIAGI BROTHERS INCORPORATEDPetition for ReconsiderationFindings Award and Orderstemporary disabilitycontemporaneous medical reportingWCJ Report and RecommendationLabor Code section 5909
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ9627339, ADJ9627342
Regular
Mar 26, 2018

Esteban Escobar vs. PRN AMBULANCE, INSURANCE COMPANY OF THE WEST

This case concerns whether the defendant's Medical Provider Network (MPN) met access standards for a chiropractor as a primary treating physician. The Appeals Board granted the applicant's petition for removal, overturning the WCJ's decision. The Board found the MPN must provide three chiropractors within 30 minutes or 15 miles of the applicant's residence or workplace. Since the MPN did not meet this closer standard, the applicant is authorized to select a chiropractor outside the MPN.

MPNchiropractorsprimary treating physicianaccess standardsreconsiderationremovalWCJAdministrative Director's Ruleexpedited hearingstipulate
References
Case No. ADJ7692623
Regular
Sep 07, 2012

ANTHONY FAGONE vs. CITY OF FRESNO

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board upheld the finding that the applicant sustained industrial injuries and that the defendant lost control of medical treatment due to failing to process the applicant's pre-designated physician form. The defendant's argument that the applicant could not pre-designate a chiropractor was rejected, as the employer's inaction estopped them from benefiting from their processing failure. Therefore, the applicant is entitled to treatment by his chosen chiropractor during the period of the employer's processing error.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryChest Wall InjuryMedical Provider Network (MPN)Pre-designation of Treating PhysicianChiropractorLabor CodeEstoppelFindings and Award
References
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
Case No. ADJ8198058
Regular
May 14, 2019

MICHAEL DELGADO vs. SOUTHERN CALIFORNIA GAS COMPANY

This case involves a second petition for reconsideration by Southern California Gas Company challenging a 100% permanent disability award for Michael Delgado. The Appeals Board denied the petition, deeming it improper as a successive filing without new evidence. However, the Board clarified that the prior decision relied on the opinions of both Agreed Medical Examiners, supporting the finding of permanent total disability due to deconditioning. The vocational expert's opinion, consistent with applicant's testimony, also constituted substantial evidence for the award.

Workers' Compensation Appeals BoardSouthern California Gas CompanyMichael Delgadopermanent disabilitycumulative traumaEnergy Tech ResidentialAgreed Medical Examinervocational counselorvocational expertdeconditioning
References
Case No. ADJ 400686 (VNO 0499836)
Regular
Apr 18, 2016

MICHAEL CURZI vs. PHARMAVITE LLC, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) granted the applicant Michael Curzi's petition for reconsideration of a January 25, 2016 decision. This grant allows the WCAB further opportunity to thoroughly review the factual and legal issues presented. Consequently, all future filings related to this petition must be submitted directly to the WCAB Commissioners in San Francisco, not to any district office or through the EAMS. The WCAB emphasizes that no trial level actions, like approving settlements, can occur while the case is under their reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFURTHER PROCEEDINGSOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSPROPOSED SETTLEMENTSTIPULATIONS WITH REQUEST FOR AWARD
References
Case No. ADJ8590622
Regular
Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine
References
Case No. ADJ10195356
Regular
Dec 05, 2010

MICHAEL PEARSALL vs. CSJ SAIZ CONSTRUCTION, APPLIED RISK SERVICES

This Workers' Compensation Appeals Board case, ADJ10195356, involves Michael Pearsall as the applicant and CSJ Saiz Construction and Applied Risk Services as defendants. The Board issued an order dismissing the applicant's Petition for Removal. This dismissal is due to the petitioner voluntarily withdrawing the petition that sought removal of a prior decision.

Petition for RemovalDismissalApplicantDefendantCSJ Saiz ConstructionApplied Risk ServicesMichael PearsallADJ10195356Fresno District OfficeAugust 16 2016
References
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