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

Case No. ADJ3885724 (LBO 0381454) ADJ2220204 (LBO 0381455) ADJ1309821 (LBO 0381456)
Regular
Dec 24, 2015

Regina Weaver vs. Los Angeles Unified School District, Federal Express

The Workers' Compensation Appeals Board affirmed the prior decision awarding applicant 19% permanent disability for each upper extremity, rejecting the "loss of use" rating methodology. Applicant's contention that the Agreed Medical Evaluator's (AME) rating should have been higher based on a loss of use analogy was deemed unsubstantiated and inconsistent with AMA Guides principles. The Board remanded the case to the trial level to address the applicability of Labor Code section 4658(d) and attorney's fees.

Almaraz-GuzmanAgreed Medical EvaluatorPermanent Disability RatingUpper Extremity ImpairmentCarpal Tunnel SyndromeDe Quervain's TenosynovitisGrip StrengthLoss of Use AnalogyAMA GuidesLabor Code Section 4658(d)
References
Case No. SAC 358620, SAC 360470; SAC 342405
Regular
Aug 03, 2007

MICHAEL LEACH vs. GRASS VALLEY ELECTRIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the applicant's contention that the WCJ erred in limiting temporary total disability (TTD) indemnity payments and in finding that prior injuries did not contribute to his current TTD. The Board found that the medical evidence was not sufficiently developed to determine causation between the 2002 injuries and the applicant's current disability and need for surgery. Therefore, the case was returned to the trial level for further proceedings to develop the record and obtain a new decision.

Workers' Compensation Appeals BoardMichael LeachGrass Valley ElectricState Compensation Insurance FundReconsiderationFindings and OrderTemporary Disability IndemnityTemporary Total DisabilityLabor Code section 4656Qualified Medical Examiner
References
Case No. ADJ8718778
Regular
Jul 06, 2015

BETOEL GOMEZ vs. UNITED PALLET SERVICES, CIGA

This case concerns applicant Betoel Gomez's claim for permanent disability due to a right hand and bilateral wrist injury. The defendant, United Pallet Services, sought reconsideration of a $21\%$ permanent disability award, arguing the Qualified Medical Evaluator (QME) improperly used an analogical rating rather than AMA Guides' scheduled ratings. The Appeals Board granted reconsideration, agreeing the QME failed to adequately justify the analogical rating in his supplemental report. Ultimately, the Board amended the award to $10\%$ permanent disability, based on the QME's initial report which applied the AMA Guides to grip strength loss.

Workers' Compensation Appeals BoardCIGAUllico Casualty Companyliquidationpermanent disabilityWhole Person ImpairmentWPIAMA GuidesAlmaraz/GuzmanQualified Medical Evaluator
References
Case No. ADJ6894399
Regular
Jun 16, 2010

URIEL DE AVILA vs. BRENT REDMOND TRANSPORTATION, NOVAPRO RISK SOLUTIONS, CALIFORNIA TRUCKERS SAFETY ASSOCIATIONS

In *De Avila v. Brent Redmond Transportation*, the applicant, Uriel De Avila, sought removal in a workers' compensation case. The Workers' Compensation Appeals Board reviewed the petition and the accompanying administrative law judge's report. Finding no grounds for removal, the Board denied the petition. This decision means the case will proceed without the requested removal.

Workers' Compensation Appeals BoardPetition for RemovalDeniedBrent Redmond TransportationNovapro Risk SolutionsCalifornia Truckers Safety AssociationsUriel de AvilaAdministrative Law JudgeRecord ReviewIncorporation by Reference
References
Case No. ADJ9332041
Regular
Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

This case concerns whether lien claimant Firstline Health, Inc.'s lien should be subject to a stay under Labor Code section 4615 due to alleged control by criminally charged providers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's due process rights were violated. The WCAB rescinded the previous order and returned the case for further proceedings, specifically to allow Firstline an opportunity to rebut evidence of Dr. Uwaydah's de facto control. This decision emphasizes the need for fair hearing and timely notice before imposing a stay on a lien claimant's claim.

Workers' Compensation Appeals BoardLabor Code section 4615Labor Code section 139.21criminally charged providerslien claimantde facto ownershipde facto controlfraudulent documentsconspiracyinsurance fraud
References
Case No. ADJ1582101
Regular
Jun 16, 2011

MARITHA DE WERK vs. COUNTY OF CONTRA COSTA

The County of Contra Costa petitioned for reconsideration of an award of total permanent disability for Maritha De Werk, arguing for apportionment to non-industrial factors and between separate injuries. The parties subsequently notified the Board of a tentative settlement agreement. To allow for settlement approval and potential further proceedings, the Appeals Board granted reconsideration. The matter is being held in abeyance pending settlement finalization.

Workers' Compensation Appeals BoardMaritha De WerkCounty of Contra CostaPermissibly Self-InsuredADJ1582101WCJ 0059766Opinion and Order Granting ReconsiderationNew and further disabilitySpecific injuryCumulative trauma injury
References
Case No. ADJ2419784 (LBO 0367096) ADJ2075423 (LBO 0367097) ADJ2337471 (LBO 0367098)
Regular
Jan 09, 2012

ANTHONY DE FAZIO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

Applicant Anthony De Fazio petitioned for reconsideration of a Joint Findings and Award and Order. The Workers' Compensation Appeals Board has granted this petition, finding it necessary to further study the factual and legal issues. This reconsideration is intended to allow for a complete understanding of the record and a just decision. Further proceedings may be determined as appropriate.

Anthony De FazioLos Angeles Unified School DistrictSedgwick CMSPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Appeals BoardStatutory time constraintsFactual issuesLegal issuesDecision After Reconsideration
References
Case No. ADJ2419784 (LBO 0367096)
Regular
Oct 02, 2012

ANTHONY DE FAZIO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the apportionment of permanent disability awards for applicant Anthony De Fazio. Applicant sustained three separate industrial injuries in 2002, 2003, and 2004, resulting in distinct permanent disability ratings. Applicant argued that all permanent disability should be awarded as a single lump sum due to intertwined work restrictions, citing *Benson v. Permanente Medical Group*. The WCAB rescinded the prior decision and returned the matter to the trial level. This was done to allow for new rating instructions that would apply the "common restriction" to each injury, with a specific instruction for the workers' compensation judge to consider any overlap in disability.

Workers' Compensation Appeals BoardAnthony De FazioLos Angeles Unified School DistrictSedgwick CMSReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentBenson v. Permanente Medical GroupIndustrial Injuries
References
Case No. ADJ8945825
Regular
Jul 01, 2014

LOURDES ARISTA DE BELTRAN vs. FOSTER FARMS

This case, *De Beltran v. Foster Farms*, involved a Petition for Removal that was filed with the Workers' Compensation Appeals Board. The petitioner subsequently withdrew the petition. Consequently, the Board has dismissed the petition, terminating further action on it.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardFoster FarmsLourdes Arista de BeltranADJ8945825Van Nuys District OfficeOrder Dismissing PetitionSan Francisco California
References
Case No. ADJ11369088, ADJ11369087
Regular
Mar 24, 2025

Argelia De Luna vs. Valleywide Newspaper, LLC; Twin City Fire Insurance Company

Applicant Argelia De Luna sought reconsideration of the First Amended Findings, Award and Orders issued by the WCJ on December 16, 2024. The WCJ initially found a 68% permanent partial disability for cumulative trauma, which was later amended to 15%. Applicant argued that the WCJ's decision should have been based on unrebutted reports, that the medical record needs further development, and that defendant failed to prove apportionment. The Appeals Board granted the petition, indicating that the medical evidence might be insufficient and further review is necessary, deferring a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFirst Amended Findings Award and OrdersArgelia De LunaValleywide Newspaper LLCTwin City Fire Insurance CompanyADJ11369088ADJ11369087arising out of and in the course of employment (AOE/COE)permanent and stationary
References
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