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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
Case No. ADJ10091554
Regular
Jun 24, 2019

GIUSEPPE MORICI vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained a compensable psychiatric injury. The judge determined the injury was predominantly caused by actual employment events, not lawful personnel actions or the applicant's subjective perceptions. The Board deferred to the judge's credibility determinations based on observed demeanor.

Workers' Compensation Appeals BoardGiuseppe MoriciCounty of San Diegopsyche injurycompensablegood faith personnel actionssubjective misperceptionReport and RecommendationWCJ credibility determinationpreponderance of evidence
References
Case No. ADJ9103550
Regular
May 13, 2015

GERARDO GONZALEZ vs. CTS MFG ELECTRONICS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ), who determined the applicant was not entitled to benefits. The WCJ found the applicant lacked credibility, particularly regarding reporting his alleged injury before termination. Credible defense witnesses contradicted the applicant's account, and the applicant's own email communications failed to mention any injury.

Petition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.denial of benefitsunreported injurytermination of employmentdefense witnessesdeposition testimonye-mail communicationswitness credibility
References
Case No. ADJ11128741 ADJ11030691
Regular
Sep 13, 2019

BARTOLOME ENRIQUE MORAN vs. RANDSTAD, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Bartolome Enrique Moran's petition for reconsideration, upholding the WCJ's decision. The WCJ's credibility determinations regarding the applicant's testimony were given great weight, supported by the manager's testimony and a persuasive QME report. The Board found no substantial evidence to warrant rejecting the WCJ's findings that the applicant's claimed injuries lacked credible documentation and industrial causation. Therefore, the petition was denied.

Petition for ReconsiderationAugment the RecordWCAB Rule 10848WCJ credibility determinationsGarza v. Workmen’s Comp. Appeals Bd.substantial evidenceindustrial causationQME reportDr. Hanleyobjective abnormalities
References
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
Case No. ADJ11063335
Regular
Apr 15, 2019

Joelle Hopfer vs. Safe Haven Security Services, Inc., and Valley Forge Insurance Company, administered by CNA Claims Plus

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's finding that the applicant was injured in the course and scope of employment. Defendant argued the finding lacked substantial evidence due to conflicting testimony about the applicant's work activities. The Board rescinded the decision, returning the case for clarification on whether the injury arose out of and occurred in the course of employment (AOE/COE) and which body parts were injured. The Board upheld the WCJ's credibility determination regarding the applicant's testimony about the assault.

AOE/COECourse and Scope of EmploymentPetition for ReconsiderationFindings and Ordersubstantial evidencecredible witnesspolice reportemployment related dutiessales contactcomputer database system
References
Case No. ADJ8330411
Regular
Jul 07, 2017

LARRY SINGLETARY vs. PARAMOUNT PICTURES

The Workers' Compensation Appeals Board (WCAB) denied Paramount Pictures' petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. Paramount argued the ALJ erred by applying a 50% WPI for the applicant's right lower extremity, instead of 30%, based on conflicting reports from an agreed medical examiner. The ALJ found the evidence insufficient to prove the applicant could walk more than a "block" without a walker, which was the key factor in the different WPI ratings. The WCAB gave great weight to the ALJ's credibility determinations and found no substantial evidence to overturn them.

Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.Permanent disabilityWPIRight lower extremityOrthopedic AMESpecific date of injury
References
Case No. ADJ 9194457, ADJ9194450, ADJ8835968, ADJ8835949, ADJ8835510, ADJ1 0126921
Regular
Jul 04, 2000

CHARLES OKPALA vs. NORTHROP GRUMMAN CORPORATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AIG CLAIMS, THE BOEING COMPANY, ACE AMERICAN INSURANCE, SEDGWICK

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the Workers' Compensation Judge's report, which found the applicant not credible. The judge determined the applicant was not incapacitated when he entered into a Compromise and Release agreement and thus it would be approved. The Board gave great weight to the judge's credibility determination based on observing the witness.

COMPROMISE AND RELEASEWITHDRAWALINCAPACITYCREDIBILITY DETERMINATIONPETITION FOR RECONSIDERATIONDUE DILIGENCEUNDUE INFLUENCEDURESSMEDICAL EVIDENCEEMPLOYMENT DEVELOPMENT DEPARTMENT
References
Case No. ADJ12616197
Regular
Jan 12, 2022

VANESSA FATZER (Deceased) KATRINA S. HAGEN, Director of Department of Industrial Relations, administrator for Death Without Dependents Unit JOEL STAPLETON III vs. KELLY-MOORE PAINT COMPANY INC., ACE AMERICAN INSURANCE COMPANY, administered by ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior finding, and returned the case to the WCJ for further proceedings. The Board found that the original decision, which determined Mr. Stapleton was a partial dependent of the deceased, was not supported by substantial evidence. Specifically, the WCJ's credibility assessment of Mr. Stapleton and his father was insufficient as their testimony was solely from deposition transcripts and they were not called as witnesses at trial. The Board emphasized that deposition testimony alone is insufficient to establish credibility for a dependency determination.

Death Without Dependents UnitPartial DependentLabor Code Section 4706.5Dependency DeterminationCredibility of WitnessesDeposition TestimonySubstantial EvidenceFurther ProceedingsReconsiderationRescission
References
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