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

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. ADJ10266237; ADJ10401171
Regular
Aug 15, 2025

WILLIAM AREY vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied defendant Hartford Accident & Indemnity Company's petition for reconsideration. The defendant challenged the April 22, 2025 Joint Findings of Fact and Order, which found that applicant William Arey sustained industrial injuries to his brain, head, nervous system, and circulatory system. Defendant contended the Agreed Medical Evaluator (AME) Dr. Roger Bertoldi's report was not substantial medical evidence and that ex parte contact occurred due to applicant's sister's participation in the evaluation. The Board affirmed the WCJ's decision, finding Dr. Bertoldi's report to be substantial medical evidence and concluding that the sister's assistance was necessary and permissible due to applicant's significant memory impairment, thus not constituting impermissible ex parte contact.

AMEAgreed Medical Evaluatorex parte contactsubstantial medical evidenceindustrial injurycumulative injuryspecific injuryres judicatacollateral estoppelPetition for Reconsideration
References
Case No. ADJ2425610 (STK 0180003), ADJ3704258 (STK 0181637), ADJ6883666
Regular
Aug 27, 2012

STATE ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed prior findings awarding applicant cumulative industrial injuries to his circulatory and respiratory systems, and subsequent psychiatric injury. Applicant sought to reopen a stipulation for a 5% non-industrial apportionment based on a claimed change in law or mutual mistake of fact regarding Labor Code section 4663(e). The Board found no good cause to reopen, as section 4663(e) was declaratory of existing law and the defendant did not share applicant's asserted mistake. Therefore, the previous awards and stipulations, including the apportionment, remain valid.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardCorrectional Youth CounselorCumulative Industrial InjuryCirculatory SystemRespiratory SystemPsychiatric InjuryPetition to ReopenNew and Further Disability
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ10455970
Regular
Jul 15, 2019

CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

Workers' Compensation Appeals BoardBeatriz GaonaCresencio BenitezAzitex TradingEmployers CompensationADJ10455970Petition for ReconsiderationFindings and OrderMachine OperatorCumulative Injury
References
Case No. ADJ9455268
Regular
Sep 07, 2018

MICHAEL HOLT vs. CONTRACTORS WARDROBE, TRAVELERS, YORK RISK SERVIES

The Workers' Compensation Appeals Board granted reconsideration to address an alleged injury to the applicant's kidneys and urological system. The Board found the original judge failed to clarify if this issue was submitted for decision or make a specific finding, necessitating a remand for clarification. The Board also dismissed the applicant's petition for removal as premature, but left the judge's notice of intent to sanction the applicant's attorney undisturbed. The prior award of temporary disability and future medical treatment was preserved, with other issues deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings Award and OrdersSanctionsAgreed Medical EvaluatorQualified Medical EvaluatorCumulative TraumaCardiovascular SystemCirculatory System
References
Case No. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ7470534
Regular
Jan 25, 2012

MICHAEL PAOLOZZI vs. CITY OF TORRANCE

This Workers' Compensation Appeals Board case involves a police officer's claim for industrial injuries against the City of Torrance. The prior decision prematurely ruled on specific injuries to the back, circulatory system, hearing, and skin. Both parties sought reconsideration, with the applicant arguing the statute of limitations was the sole issue and the defendant arguing the claim was time-barred. The Board rescinded the prior decision, returning the case to trial level to first determine the statute of limitations, before addressing any injury causation.

WORKERS' COMPENSATION APPEALS BOARDPetitions for ReconsiderationFindings of Factindustrial injurystatute of limitationsLabor Code section 5405Labor Code section 5412Labor Code section 3213.2circulatory systemhearing
References
Case No. ADJ6778019
Regular
Sep 10, 2013

ZEBBIE ATKINSON III vs. VANGUARD CAR RENTAL, FIDELITY AND GUARANTEE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order to deny the applicant's claim. The applicant alleged injury to his psyche and circulatory system, but the Administrative Law Judge (WCJ) found the applicant had not met his burden of proof regarding the alleged stressful workplace events. Medical opinions supporting the applicant's claims were deemed not to constitute substantial evidence, as they relied on a history of injury found not to be credible by the WCJ. The Board adopted the WCJ's report, giving great weight to the credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibilitypsychiatric injurycirculatory systemhypertensioncumulative traumaQualified Medical EvaluationDr. Bruce Yanofsky
References
Case No. ADJ7783776
Regular
Nov 02, 2016

MARY ATANDA vs. TACO BELL/YUM! BRANDS, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Mary Atanda's industrial injuries. The WCJ had awarded temporary disability, permanent disability, and further medical treatment for admitted lumbar spine, neck, and knee injuries. However, the WCJ did not adequately explain the reasoning for denying claims for psychiatric injury, arm injury, circulatory system issues, headaches, or irritable bowel syndrome. Therefore, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings and a decision that sufficiently explains the grounds for determination.

WCABPetition for ReconsiderationFindings and AwardWCJAOE/COEorthopedic injurylumbar spineneckright shoulderright knee
References
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