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

Case No. ADJ13332511
Regular
Apr 14, 2025

CHONG WANG vs. 6 STARS CONSTRUCTION LLC, NORGUARD INSURANCE COMPANY

Applicant Chong Wang, a construction laborer, suffered an accepted left eye and psyche injury on November 14, 2019, leading to near complete blindness and loss of depth perception. The Workers' Compensation Appeals Board (WCAB) affirmed the Workers' Compensation Judge's (WCJ) finding of 100% permanent total disability, relying on reports from treating physician Dr. Robert Neger and vocational expert Steve Ramirez. The WCAB denied the defendants' petition for reconsideration, concluding that the applicant's total disability stemmed entirely from the industrial injury and rejecting arguments to apportion based on non-industrial factors like education or language skills.

WCABReconsiderationPetitionDeniedLabor CodeSection 5909Appeals BoardTransmissionEAMSReport and Opinion
References
11
Case No. 2024 NY Slip Op 03041 [228 AD3d 649]
Regular Panel Decision
Jun 05, 2024

McConnell v. County of Nassau

The plaintiff, Joseph McConnell, sued the County of Nassau for personal injuries after slipping and falling on a pool deck's painted depth marker. The plaintiff alleged the County negligently applied the depth markers without proper sand mixture, making them slippery. After a jury verdict in favor of the plaintiff for $170,000, the defendant County of Nassau appealed. The Appellate Division, Second Department, reversed the judgment, granting the County's motion to dismiss the complaint. The court found no rational basis for the jury's verdict, ruling that the County had not received prior written notice of the alleged dangerous condition, and the 'affirmative negligence' exception did not apply because the defect developed over time due to environmental wear and tear, rather than immediately from the application.

Personal injurySlip and fallPool deckDepth markerNegligenceMunicipal liabilityPrior written noticeAffirmative negligenceCPLR 4401CPLR 4404(a)
References
13
Case No. ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164] ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087]
Regular
Sep 18, 2008

Parvin Olfati, (Patty Olfati) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND (Adjusting Agengy)

Petition for disqualification denied. Applicant's subjective perceptions of bias not well-founded.

Workers' Compensation Appeals BoardPetition for DisqualificationLabor Code section 5311WCAB rule 10452Administrative Law JudgeBiasHostilityDiscriminatory TreatmentDiscoveryPublic Records Act
References
9
Case No. ADJ7176930, ADJ7170139
Regular
Aug 20, 2015

ROBERT GAONA vs. CAPITAL BUILDERS HARDWARE, SOUTHERN INSURANCE COMPANY, ENDURANCE REINSURANCE CORPORATION OF AMERICA, FIRSTCOMP

This case involves a petition for reconsideration filed by the defendant regarding a Workers' Compensation Appeals Board decision. The Board granted reconsideration to allow for a more thorough review of the factual and legal issues. Further proceedings will be determined after this in-depth study. All subsequent filings related to the petition must be submitted directly to the Board's San Francisco office, not to district offices or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationCapital Builders HardwareSouthern Insurance CompanyEndurance Reinsurance Corporation of AmericaFirstcompLos Angeles District OfficeStatutory time constraintsFactual and legal issuesJust and reasoned decision
References
1
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
1
Case No. ADJ10333468
Regular
Nov 05, 2018

RHONDA DUNBAR HOWARD vs. VALLEY BULK TRANSPORT, NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's petition to disqualify the judge. The petition was dismissed because it was untimely, filed after the first witness was sworn, and lacked a required supporting affidavit detailing specific grounds for disqualification. Furthermore, the Board found that the defendant's allegations of prejudice were based on subjective perception and did not meet the legal standard for disqualification, even on the merits. Therefore, the judge's petition to disqualify was denied.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJ disqualificationLabor Code 132aAppeals Board Rule 10452untimely petitionprejudicejudicial biasCode of Civil Procedure section 641affidavit
References
11
Case No. ADJ234009 (OAK 0324352) ADJ3704382 (OAK 0335469)
Regular
Jan 12, 2010

Carole Young vs. IPC SECURITY, LIBERTY MUTUAL INSURANCE COMPANY, ABM adjusted by ESIS

The applicant sought removal and disqualification of the Workers' Compensation Judge (WCJ) alleging bias due to denied trial requests, refusal to consider evidence, and case delays. The Appeals Board denied the removal and disqualification, stating a subjective perception of bias is insufficient grounds. The Board returned the case to the Presiding WCJ to address the defendant's request to declare the applicant a vexatious litigant, requiring notice and an opportunity to be heard.

Workers' Compensation Appeals Boardremovaldisqualificationworkers' compensation judge (WCJ)biasvexatious litigantPWCJWCAB Rule 10782applicantdefendant
References
1
Case No. ADJ9538021
Regular
Sep 21, 2015

PETER SYLVES vs. COUNTY OF RIVERSIDE

In Case No. ADJ9538021, the Workers' Compensation Appeals Board (WCAB) has granted reconsideration for both the applicant and the defendant. This decision stems from petitions for reconsideration filed by both parties regarding a prior ruling. The WCAB granted reconsideration to allow for further in-depth review of the factual and legal issues presented in the case to ensure a just and reasoned decision. All future filings related to these petitions must be submitted directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetitions for ReconsiderationApplicantDefendantCOUNTY OF RIVERSIDEPETER SYLVESJuly 62015Statutory time constraints
References
0
Case No. ADJ969080 (FRE 0202793)
Regular
Sep 15, 2016

PEDRO LOPEZ vs. CAL-ALMOND; TRAVELERS

The applicant sought to disqualify the administrative law judge (WCJ) alleging insufficient time was spent on his case and a lack of seriousness towards his injury. The Workers' Compensation Appeals Board (WCAB) found the petition lacked the required formal affidavit but considered its merits. The WCAB denied the petition, holding that a party's subjective perception of bias or disagreement with rulings does not constitute legal grounds for disqualification under relevant statutes. The Board also noted the applicant's separate request for disability accommodations for an upcoming hearing.

Disqualification PetitionWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionLegal GroundsSubjective PerceptionWCAB Rule 10452Affirmative DutyJudicial Discretion
References
6
Case No. ADJ6647815, ADJ6426800, ADJ6673816
Regular
Nov 25, 2013

LUIS BANUELOS vs. ACORN ENGINEERING COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration to review the finding of industrial injury (stroke) by the WCJ, as defendants argued it lacked sufficient explanation. While the WCJ's initial decision was inadequately explained, medical evidence and the applicant's credible perception of work-related stress supported the finding of a stroke. The Board affirmed the finding of industrial injury as a stroke, but deferred all other issues, including the nature and dates of injury, for the WCJ to address with proper explanation. The defendant's reliance on psychiatric injury standards was misplaced, as physical injury from stress has different evidentiary requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial injurystrokecumulative injuryspecific injurydate of injuryindustrial causationsubjective perception
References
15
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