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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3525697 (LAO 0534774) ADJ2342373 (LAO 0512482) ADJ1310306 (LAO 0568035) ADJ2645702 (LAO 0519888) ADJ1384751 (LAO 0568036) ADJ2871875 (ANA 0235799)
Regular
Feb 03, 2017

ALICE BRYANT vs. REGENTS OF THE UNIVERITY OF CALIFORNIA, permissibly self-insured, UCLA MEDICAL CENTER; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Alice Bryant's petition for reconsideration of prior dismissed workers' compensation claims and a Labor Code section 132a retaliation claim. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's findings. The WCAB concluded that Bryant's claims were previously dismissed, with some dismissed by her own request and others for failure to prosecute. Furthermore, the WCAB found that Bryant failed to demonstrate extrinsic fraud and lacked the required diligence to reopen these final dismissals, even with newly discovered evidence.

Workers' Compensation Appeals BoardRegents of the University of CaliforniaSedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeLabor Code section 132aRetaliation claimExtrinsic fraudDismissed claims
References
Case No. ADJ1282419 (LAO 0846452) ADJ915214 (LAO 0854736)
Regular
Feb 01, 2010

VALERIE VANCE DILLON vs. TJ MAXX, CNA CLAIMS PLUS

This case involves a Compromise and Release agreement between the applicant and defendants. The Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level. This action is contingent on the workers' compensation administrative law judge approving the settlement. If not approved, the original decision could be reinstated, with the right to seek reconsideration.

Compromise and ReleasePetition for ReconsiderationGrant ReconsiderationRescind DecisionTrial LevelWorkers' Compensation Appeals BoardAdministrative Law JudgeSalvage and ClaimsSalvage and ClaimsSalvage and Claims
References
Case No. ADJ4707980 (VNO 0543260) ADJ3907003 (VNO 0543258) ADJ7500629
Regular
Apr 05, 2012

RAMON SALAZAR vs. CONSOLIDATED DISPOSAL SERVICE, ACE USA Administered By CANNON COCHRAN MANAGEMENT SERVICES INC.

The Appeals Board granted removal, rescinding the WCJ's order for a sanctions hearing and the appearance of the defendant's claims examiner. While acknowledging the duty to disclose evidence before a trial, the Board found no authority requiring pre-expedited hearing disclosure of sub rosa films, thus negating grounds for sanctions. The Board also determined an affidavit from the claims examiner would suffice, making her live appearance unnecessary. The order for the sub rosa films to be sent to the Agreed Medical Examiner was affirmed.

sub rosa filmsexpedited hearingsanctionsPetition for RemovalAgreed Medical Examinertemporary disability indemnitymedical treatmentclaims examineraffidavitLabor Code section 5813
References
Case No. ADJ11199017
Regular
May 09, 2019

LANCE FERRIS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Appeals Board granted reconsideration of the WCJ's decision, rescinding the finding that the applicant did not sustain a psychiatric injury arising out of and occurring in the course of employment. This was because the Qualified Medical Examiner's (QME) opinions were not considered substantial evidence due to an inadequate medical history and missing treatment records. The Board is remanding the case to the WCJ to allow for the development of the record, including providing the QME with missing records and addressing potential other injury claims.

Psychiatric InjuryAOE/COEQualified Medical Examiner (QME)Substantial EvidenceMedical HistoryDevelopment of RecordPetition for ReconsiderationFindings and Order (F&O)Administrative Law Judge (WCJ)Appeals Board
References
Case No. ADJ8448254, ADJ8448256
Regular
Feb 18, 2014

MARTIZA PENALOZA vs. CITY OF HOPE, ADMINSURE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an Order Approving a Compromise and Release Agreement. The applicant sought to set aside the settlement, claiming the $\$25,000$ was inadequate and she was misled about her options. The Board found no evidence of mistake, fraud, duress, or undue influence, noting the applicant's own initials on the agreement and her failure to exercise due diligence in understanding the settlement terms or her options. The Board concluded the settlement amount was reasonable given the Agreed Medical Examiner's findings and the applicant's occupation and age.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAgreed Medical ExaminerPost-termination claimCumulative traumaPsyche claimDuressUndue influenceMutual mistake
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ11029299 ADJ10664592
Regular
May 03, 2018

KATHLEEN CAMPER vs. VAL VERDE UNIFIED SCHOOL DISTRICT, PSI, administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's initial timely filed claim for cumulative trauma injury should be amended to conform to proof of a specific back injury on May 5, 2016. The Board rescinded the judge's order finding the applicant took nothing and instead ordered the dismissal of the defendant's later-filed specific injury claim. The case is returned to the trial level for further proceedings on the amended claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCustodianCumulative TraumaSpecific InjuryApplication for Adjudication of ClaimDue ProcessQualified Medical Examiner
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3374876 (SJO 0268303)
Regular
Feb 25, 2010

SUSAN MOYERS vs. COUNCIL ON AGING, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In this case, the Subsequent Injuries Benefits Trust Fund (SIBTF) sought to compel the applicant to use the same Agreed Medical Examiner (AME) from her original workers' compensation claim for her SIBTF claim. The Workers' Compensation Appeals Board affirmed the WCJ's order allowing the applicant to obtain new medical-legal evaluations for her SIBTF claim with a different physician, independent of the original AME. The Board determined that the discovery procedures for workers' compensation claims, as outlined in Labor Code section 4062.2, do not apply to SIBTF claims due to their distinct legal issues. Therefore, SIBTF is responsible for reasonable costs of these independent evaluations, ensuring due process for developing evidence specific to the SIBTF claim.

Subsequent Injuries Benefits Trust FundSIBTFMedical-Legal DiscoveryAgreed Medical ExaminerAMEQualified Medical ExaminerQMELabor Code Section 4062.2Workers' Compensation ClaimMedical Evaluations
References
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