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

Case No. ADJ8070183 ADJ9326618
Regular
Feb 17, 2016

CARLOS VASQUEZ vs. TRINET, AMERICAN HOME ASSURANCE

This case involves a defendant seeking reconsideration of a prior Board decision that found applicant sustained new and further disability from a January 7, 2009 injury and allowed further development of the medical record for a cumulative trauma claim. The defendant argued the treating physicians' reports were not substantial evidence for new and further disability and that there was insufficient evidence to reopen the cumulative trauma claim. The Board denied reconsideration, reaffirming its prior decision based on substantial medical evidence, and noting that the absence of an officially designated primary treating physician does not invalidate the relied-upon medical opinions. The Board further clarified that an Agreed Medical Examiner can be used for further evaluation of the cumulative trauma claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationNew and Further DisabilityCumulative Trauma InjuryJoint Findings of Fact and OrderSubstantial EvidenceAgreed Medical ExaminerQualified Medical EvaluatorPrimary Treating PhysicianNon-Substantial Evidence
References
2
Case No. ADJ8734628 ADJ9086734
Regular
Aug 12, 2016

PATRICIA CRUZ MALDONADO vs. WHITE MEMORIAL MEDICAL CENTER, ADVENTIST HEALTH

This case involves White Memorial Medical Center's petition for reconsideration of a Joint Findings and Award finding that applicant Patricia Cruz Maldonado sustained lumbar spine injuries arising out of and occurring in the course of employment as a registered nurse. The defendant argued the findings were erroneous due to alleged inconsistencies in applicant's testimony and a lack of substantial medical evidence for a cumulative injury. The Workers' Compensation Appeals Board denied the petition, upholding the Administrative Law Judge's credibility determinations and finding substantial medical evidence, specifically from Dr. Edwin Haronian, supporting the cumulative trauma injury. The Board emphasized that the WCJ observed the witness and considered all admitted evidence, and that deposition testimony not offered into evidence could not be relied upon.

WCABPetition for ReconsiderationJoint Findings and AwardWCJcredibility determinationsubstantial medical evidencecumulative traumalumbar spineregistered nurseprimary treating physician
References
5
Case No. ADJ10537232, ADJ10537109, ADJ10058212
Regular
Jan 25, 2018

CHARLES CONLEY vs. STATE OF CALIFORNIA DEPARTMENT OF HEALTHCARE SERVICES

The Appeals Board granted reconsideration to further study the applicant's psychiatric and heart injury claims arising from his employment. The WCJ found the claims barred by the statute of limitations and denied a cumulative trauma claim due to lack of medical evidence. The Board rescinded the Findings and Orders, returning the case for further proceedings to address the WCJ's mischaracterization of specific injuries as cumulative trauma and the potential tolling of the statute of limitations. The Board also noted a need for further development of medical evidence on causation for the cumulative trauma claim.

Petition for ReconsiderationFindings and OrdersQualified Medical EvaluatorStatute of LimitationsCumulative TraumaSpecific InjuryIndustrial CausationEstoppelMyocardial InfarctionCoronary Artery Bypass Surgery
References
9
Case No. ADJ10730997
Regular
Feb 04, 2019

Larry Martinez vs. Priority Box Ship, Inc., The Hartford Insurance

This case involves Larry Martinez's claim for workers' compensation benefits due to cumulative trauma injury. The initial judge denied the claim, finding insufficient evidence of cumulative trauma despite applicant's testimony and some medical references. The Workers' Compensation Appeals Board granted reconsideration to further examine the case, ultimately affirming the original decision. The Board found that the medical evidence primarily supported specific injuries, not cumulative trauma, and applicant's testimony was contradicted by coworkers. Additionally, the Board noted issues with the post-termination defense for any alleged specific injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative Trauma InjurySpecific InjuryFindings and OrderQualified Medical EvaluatorBurden of ProofIndustrial InjuryMedical EvidenceTestimony
References
0
Case No. ADJ9805381, ADJ7750980
Regular
Jul 14, 2016

DOROTHY CLAIBORNE vs. PRECIOUS HOME COMPANION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FIRSTCOMP INSURANCE SERVICES

This case involves a petition for reconsideration by FirstComp Insurance Services regarding a workers' compensation claim for a left knee injury. The Appeals Board granted reconsideration to amend a prior finding that the applicant sustained a cumulative injury ending July 23, 2010. While the consolidation of two prior claims was affirmed, the Board found the evidence supporting the specific July 23, 2010 date of cumulative injury was not based on substantial evidence, specifically citing inconsistencies in medical opinions and applicant testimony. The issue of cumulative injury subsequent to July 23, 2010, is deferred.

Workers' Compensation Appeals BoardCumulative InjuryLeft KneeAgreed Medical ExaminerQualified Medical EvaluatorPetition for ReconsiderationFindings and OrderSubstantial EvidenceLabor CodeMedical History
References
12
Case No. ADJ18355035
Regular
Sep 16, 2025

Houtan Pezeshkan vs. City of Foster City, The Cities Group

Applicant Houtan Pezeshkan sought compensation for a cumulative trauma injury to his left index finger while employed by the City of Foster City. Defendant City of Foster City petitioned for reconsideration of the WCJ's findings, arguing the applicant's current symptoms were a progression of a prior specific injury rather than a new cumulative injury. The Appeals Board granted the petition for reconsideration, rescinded the original Findings of Fact, and returned the case to the WCJ for further proceedings. This decision was based on the lack of substantial medical evidence to support a separate cumulative injury and the necessity of reviewing medical evidence from the applicant's previous specific injury.

Cumulative traumaSpecific injuryAgreed Medical EvaluatorPetition for ReconsiderationFindings of FactPeriod of injurious exposureDate of injuryWorkers' Compensation Appeals BoardSubstantial evidenceProximate cause
References
29
Case No. ADJ186410
Regular
Jul 09, 2009

ROBIN AMES vs. FEATHER RIVER HOSPITAL, ADVENTIST HEALTH ROSEVILLE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding cumulative trauma injury for applicant Robin Ames. The defendant argued insufficient medical evidence supported this finding, primarily citing concerns with the treating physician's deposition and the admission of a supplemental report. The Board agreed that Dr. Bugna's reports and deposition did not constitute substantial evidence of cumulative trauma. Therefore, the Board rescinded the prior award and returned the case to the trial level for further proceedings and a new decision to adequately develop the record on the cumulative trauma issue. The statute of limitations finding in the related case ADJ150167 remains unchanged as it was not appealed.

Petition for ReconsiderationCumulative TraumaMedical EvidenceStatute of LimitationsPQME ReportDeposition TestimonyUnrepresented ApplicantDevelopment of RecordFindings and AwardRescinded
References
1
Case No. ADJ410642 (FRE 0218111)
Regular
Jul 21, 2009

PATRICK SLENDERS vs. JOSEPH GALLO FARMS, STATE COMPENSATION INSURANCE FUND, ALASKA NATIONAL INSURANCE COMPANY

This case concerns whether Patrick Slenders sustained a cumulative industrial injury to his right knee between July 14, 2002, and February 21, 2003, while employed by Joseph Gallo Farms. The defendant insurers, State Compensation Insurance Fund (SCIF) and Alaska National Insurance Company, sought reconsideration of a prior decision finding such an injury occurred. They argued the primary treating physician's opinion was not substantial evidence and did not meet the legal definition of cumulative trauma. The Appeals Board affirmed the finding, holding that the physician's opinion, detailing progressive deterioration of the knee due to work use, constituted substantial evidence of a compensable cumulative trauma injury.

Workers' Compensation Appeals BoardPatrick SlendersJoseph Gallo FarmsState Compensation Insurance FundAlaska National Insurance CompanyReconsiderationIndustrial InjuryRight KneeCumulative TraumaDr. David E. Taylor
References
1
Case No. ADJ7464284
Regular
Aug 21, 2014

MIGUEL ANGEL GARCIA vs. INTERNATIONAL WINDOW, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board affirmed a prior award finding that Miguel Angel Garcia sustained industrial injuries to his back, neck, shoulders, and arms from cumulative trauma and a specific incident while employed by International Window. The Board found Dr. Donohue's medical reports constituted substantial evidence supporting the cumulative trauma finding and ongoing temporary disability. The Board also ruled that Garcia was permitted to select a new primary treating physician for his cumulative trauma claim, as he had not been properly notified of his prior physician's final determination for the specific injury. The defendant's contentions regarding lack of medical evidence, ongoing temporary disability, and improper physician selection were rejected.

Workers' Compensation Appeals BoardReconsiderationCumulative Trauma InjuryTemporary Total DisabilityStatute of LimitationsAffirmative DefenseMedical EvidencePrimary Treating PhysicianDispute Resolution ProceduresFindings Award and Order
References
5
Case No. ADJ3758714 [VNO 0553350] ADJ3611380 [ANA 0372874]
Regular
Oct 03, 2008

Herbert J. Ware, Jr. vs. Los Angeles Times

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding no substantial medical evidence supported the applicant's claim of cumulative trauma injury to his psyche. The Board determined that the medical evidence presented only addressed injury to the psyche as a sequela of a specific orthopedic injury, not a cumulative trauma arising from his overall employment. The case was returned to the trial level for further proceedings on all issues, including temporary disability and home health care reimbursement.

Cumulative traumapsychiatric injuryspecific injuryorthopedic injurysequelaepermanent and stationarytemporary disabilityhome health careQualified Medical EvaluatorAgreed Medical Examiner
References
0
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