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Case Law Database

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

Case No. ADJ6909720
Regular
Nov 20, 2014

CLICIA MORALES MONARREZ, Alicia Morales Monarrez, Alicia Morales Monarrez vs. PARAMOUNT FARMS INTERNATIONAL, Paramount Farms

The Workers' Compensation Appeals Board denied Paramount Farms' Petition for Reconsideration. Paramount Farms contested the applicant's permanent partial disability rating and the indemnity awarded, arguing that the judge improperly disregarded a PQME's opinion and relied on another doctor's flawed assessment. The Board found that the petition was partially untimely, and on the merits, it adopted the WCJ's reasoning that the applicant's treating physician's opinion was substantial evidence, and the indemnity calculation was correct.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionPermissibly Self-InsuredParamount Farms InternationalAlicia Morales MonarrezOrder Amending AwardPermanent Partial DisabilityIndemnityDr. Khosrow Tabaddor
References
Case No. ADJ9345199 ADJ9343647
Regular
Apr 03, 2023

TERRY KIRKLAND vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

This case concerns applicant Terry Kirkland's shoulder injury claims against United Parcel Service. The Appeals Board granted reconsideration, vacating a prior award based on the finding that the prior medical expert's report was not substantial evidence due to his disbelief in the concept of cumulative injury. The Board ruled that the AME's report from a subsequent claim is admissible in these cases and that the prior stipulations should be set aside. The matter is returned to the WCJ for further proceedings to determine the issues of injury AOE/COE and new and further disability.

Petition for ReconsiderationFindings of Fact and OrdersSubstantial EvidenceIndustrial InjuryStipulations with Request for AwardPetition to ReopenAgreed Medical Examiner (AME)Qualified Medical Examiner (QME)Cumulative TraumaNon-Industrial
References
Case No. ADJ3773479 (SAL 0119774)
Regular
Mar 12, 2013

MARTHA MONROY vs. BLACKSTONE CONSULTING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration and removal filed by Martha Monroy against Blackstone Consulting, Inc. and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration, citing that it was not filed from a final order as required by Labor Code sections 5900(a), 5902, and 5903. The WCAB also denied the petition for removal, adopting the WCJ's report, as Monroy failed to demonstrate substantial prejudice or irreparable harm. Therefore, the petition was dismissed and removal denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory DecisionRemovalWCJ ReportIrreparable HarmInadequate RemedyLabor CodeCal. Code Regs.
References
Case No. ADJ3103905
Regular
Oct 28, 2011

JOSE PENALOZA VALDEZ vs. MANUEL AVILA, TRANSGUARD INSURANCE, Administered By FRYE CLAIMS CONSULTATION

This case concerns an applicant awarded 68% permanent disability, including a significant portion for psyche injury, based on a psychologist's report. The defendant appeals, arguing the psychologist's report was improperly admitted and they were denied the opportunity for rebuttal. The Appeals Board rescinded the award, finding that while the report was admissible, the defendant should have been allowed to obtain a rebuttal report, especially since the psychologist was not the primary treating physician. The case is returned for further proceedings to develop the record regarding the psyche injury and disability claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPsyche InjuryPermanent DisabilityMedical Report AdmissibilityQualified Medical EvaluatorAgreed Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement Conference
References
Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975
Regular
Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in attorney fee calculations for applicant Malcolm Strong's permanent disability awards from a specific and cumulative injury to his cervical spine and upper extremities. The Board affirmed the original findings regarding the nature and extent of the injuries and the permanent disability ratings assigned by the WCJ. Applicant's contention that the WCJ erred by using the Combined Value Table to combine impairment ratings was rejected, as the WCJ's application of the AMA Guides was consistent with the Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical ExaminerRichard D. ScheinbergM.D.Permanent Disability Rating ScheduleAMA GuidesCombined Values Tablecervical spine
References
Case No. ADJ8958848
Regular
May 24, 2016

SHELLANE DODLEY vs. PROFESSIONAL SECURITY CONSULTANTS

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding that the WCJ's order excluding an agreed medical evaluator's reports due to ex-parte communication was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case to the trial level for further proceedings. The Board found that while the defendant violated rules regarding ex-parte communication with the AME, the applicant waived the right to exclude the AME's reports by proceeding with the evaluation. The case will be reconsidered for issues regarding the adequacy of the stipulations and whether further development of the record is needed.

Workers' Compensation Appeals BoardAgreed Medical EvaluatorEx-parte communicationPetition for ReconsiderationPetition for RemovalJoint Partial Findings of Fact and OrderStipulations with Request for AwardPrimary Treating PhysicianPermanent DisabilityApportionment
References
Case No. ADJ3605789 (GOL 0101314), ADJ2387995 (GOL 0101316), ADJ460036 (GOL 0101315)
Regular
Jul 26, 2012

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

The Workers' Compensation Appeals Board granted reconsideration and reversed the original findings regarding employment for both United Staffing Associates and Monarch Consulting. The Board found that United Staffing Associates was never the applicant's employer, rescinding findings that they were the employer on October 8, 2007, and for a cumulative trauma period. Regarding Monarch Consulting, the Board found they were not the employer on October 2, 2006, but were the general employer from March 2006 through August 30, 2007, with specific exclusions, reversing the prior ruling on the specific injury date. The case was returned for further proceedings consistent with these revised findings.

Workers Compensation Appeals BoardJorge VivancoNeverland Valley RanchEstate of Michael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ4618855 (VNO 0403261) ADJ181556 (VNO 0501021)
Regular
Jun 18, 2013

CYNTHIA WILLIAMS, vs. FORD MEEHAN INSURANCE; CIGA and its servicing facility, SEDGWICK CMS FOR RELIANCE INSURANCE COMPANY, in liquidation; MULLIN CONSULTING; FARMERS INSURANCE & EVEREST NATIONAL INSURANCE COMPANY,

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration, upholding the finding that CIGA, as administrator for Reliance Insurance, is solely liable for the applicant's injuries sustained between November 2, 1998, and July 19, 1999. The WCAB adopted the judge's report which found that the applicant's subsequent employment did not contribute to her disability. The decision was based on extensive medical evidence and the judge's determination of credibility regarding the applicant's testimony and the Agreed Medical Examiner's reports. CIGA's arguments regarding reliance on specific medical opinions and the admission of evidence were rejected by the WCAB.

CIGAReconsiderationWCJAgreed Medical ExaminerAMEContinuous TraumaReliance InsuranceSedgwick CMSDr. FriedmanDr. Mandel
References
Case No. ADJ10206021
Regular
Feb 26, 2018

Monica Roe vs. Trinity Property Consultants, Travelers Casualty Company of America

The Workers' Compensation Appeals Board denied Monica Roe's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Roe's testimony lacked credibility regarding her alleged work-related neck and right upper extremity injury, and relied on the more credible testimony of employer witnesses. Furthermore, the ALJ determined that the medical reports submitted by Roe's physicians did not constitute substantial evidence to support her claim, particularly regarding cumulative trauma. Consequently, the Board adopted the ALJ's reasoning and denied reconsideration of the original order.

AOE/COEPetition for ReconsiderationWCJ credibilitysubstantial medical evidencecumulative traumaspecific injurymedical opinionprior injuriesemployment dutieswitness testimony
References
Case No. ADJ10884813
Regular
Feb 18, 2025

ALICIA RODRIGUEZ vs. DYNAMIC EDGE CONSULTING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Alicia Rodriguez, applicant, suffered a brain injury during employment with Dynamic Edge Consulting, insured by Travelers Property Casualty Company of America. The initial WCJ decision found the defendant liable for 24-hour home health care due to a failure in timely utilization review of Dr. Roger Bertoldi's prescription, which incorporated Sue Coleman's evaluation. Defendant petitioned for reconsideration, arguing the prescription was non-compliant and their duty was investigative, not to submit to UR. The Appeals Board granted the petition, deferring a final decision for further review and encouraging mediation.

Workers Compensation Appeals BoardDynamic Edge ConsultingTravelers Property Casualty Company of AmericaPetition for ReconsiderationFindings and AwardAOE/COEBrain Injury24-Hour Home Health CareUtilization ReviewDr. Roger Bertoldi
References
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