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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10728990
Regular
Jul 25, 2025

XYZ ADJ10728990 vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), Legally Uninsured, Administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a WCJ's decision denying XYZ ADJ10728990's claim of industrial injury (HIV/AIDS) sustained as a caregiver/dialysis technician. The applicant had sought reconsideration, arguing for more time to develop the evidentiary record. The Board adopted the WCJ's report, which relied on the Qualified Medical Evaluator's opinion. The QME concluded that the timeline of the applicant's AIDS diagnosis in May 2015 indicated the HIV infection occurred many years prior, thus precluding the claimed employment period (August-December 2013) as the cause, rendering further discovery on the patient's HIV status irrelevant.

Workers' Compensation Appeals BoardIHSSLegally UninsuredYork Risk Services GroupPetition for ReconsiderationWCJFindings of Fact and Orderindustrial injuryAcquired Immune Deficiency SyndromeAIDS
References
Case No. ADJ7019734, ADJ7019744
Regular
Dec 21, 2015

WAJID KHAN vs. DAVITA, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This Workers' Compensation Appeals Board case involves applicant Wajid Khan's petition for reconsideration of a prior award. The Administrative Law Judge found Khan's occupational group number to be 212, resulting in a 69% permanent disability rating. Khan argued for a higher rating based on his duties also fitting occupational group 340, but the Board denied reconsideration. The Board found insufficient evidence to support Khan's dual occupational classification and noted his procedural violation by attaching inadmissible evidence to his petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityOccupational Group NumberDialysis TechnicianPatient Care TechnicianConsultative Rating DeterminationWCAB Rule 10166(b)
References
Case No. ADJ3038241 (ANA 0335334) ADJ1019651 (ANA 0350140)
Regular
Oct 01, 2008

MARILYN FORKNER vs. APRIA HEALTHCARE/AIG CLAIMS SERVICES, COMMUNITY DIALYSIS (VIVRA)/LIBERTY MUTUAL INSURANCE COMPANY

The petition for reconsideration is granted to allow further study of the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationApria HealthcareAIG Claims ServicesCommunity DialysisVivraLiberty Mutual Insurance CompanyADJ3038241ADJ1019651Decision After Reconsideration
References
Case No. ADJ10465483, ADJ11047502
Regular
Oct 01, 2019

SONIA IBANEZ JIMENEZ (Deceased) vs. DAVITA DIALYSIS, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) has rescinded its previous decision in this matter. This action was taken because a settlement has been reached while the case was pending reconsideration. The case is now returned to the trial level for the Workers' Compensation Judge (WCJ) to review and potentially approve the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardSonia Ibanez JimenezDavita DialysisNew Hampshire Insurance CompanySedgwick Claims Management ServicesADJ10465483ADJ11047502Opinion and Decision After Reconsiderationsettlementrescind
References
Case No. ADJ10465483
Regular
Oct 31, 2018

SONIA IBANEZ JIMENEZ (Dec'd) vs. DVA RENAL HEALTHCARE, INC. DAVITA DIALYSIS, NEW HAMPSHIRE INSURANCE COMPANY, administered by SEDGWICK CMS

This case involves a Petition for Removal filed by an unnamed petitioner concerning the death of Sonia Ibanez Jimenez. The Workers' Compensation Appeals Board (WCAB) denied the petition. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The WCAB found that the petitioner failed to demonstrate such prejudice or that reconsideration would be an inadequate remedy. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ reportExtraordinary RemedyADJ10465483DVA Renal HealthcareDavita Dialysis
References
Case No. ADJ8318725
Regular
Mar 25, 2014

JUDITH CASEY vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the applicant, an office technician, sustained an industrial heart injury. This was based on the determination that the applicant performed custodial duties, as defined by Labor Code section 3212.2 and relevant case law. Such duties included supervising inmates, managing their work and conduct, and accounting for equipment, which qualified her for the presumption of industrial injury.

Workers' Compensation Appeals BoardJudith CaseyState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8318725Findings of Fact and Awardsindustrial injuryheart and cardiovascular systemcustodial duties
References
Case No. ADJ8443100
Regular
May 28, 2013

KANZLER FRAZIER vs. WARNER BROTHERS STUDIO FACILITIES, INC.

This case involves an applicant claiming a low back injury while working as a lighting technician. The defendant sought reconsideration of the WCJ's finding of injury AOE/COE, arguing insufficient evidence and a post-termination defense. The Appeals Board granted reconsideration, rescinded the original decision, and returned the matter for further development of the record. This was due to inadequate medical reporting which did not constitute substantial evidence. The post-termination defense was deemed waived as it wasn't raised at trial.

Workers' Compensation Appeals BoardIndustrial InjuryLighting TechnicianLow Back InjuryArising Out of and In the Course of EmploymentAOE/COEPost-Termination DefenseLabor Code Section 3600(a)(10)Substantial EvidenceMedical Opinion
References
Case No. ADJ8501522
Regular
Nov 19, 2014

AMADOR VILLAREAL vs. FRESH START BAKERIES, THE HARTFORD

This Workers' Compensation Appeals Board case concerns an applicant injured as a maintenance technician whose employer challenges an award of transportation services for his children. The Board granted reconsideration to further study the record regarding this specific expense. While the initial administrative law judge found the transportation reasonable and necessary due to the applicant's inability to drive after his injury, the Board determined the applicant had not yet met his burden of proof that these services are medically necessary. The case is returned to the trial level for further development of the record on the medical necessity of child transportation services.

Workers' Compensation Appeals BoardReconsiderationFindings of FactMaintenance TechnicianIndustrial InjuryNeck InjuryHead InjuryVision InjuryPsyche InjuryBrain Injury
References
Case No. ADJ10575875
Regular
Jul 12, 2019

DANA BROUSSARD vs. STATE OF CALIFORNIA, LANCASTER STATE PRISON

This case concerns an office technician who developed transverse myelitis following a Hepatitis B vaccination series received as part of her employment. The applicant's physician, Dr. Chodakiewitz, concluded that it was medically probable the vaccination caused the injury, despite acknowledging other potential causes could not be definitively ruled out. The Workers' Compensation Appeals Board granted reconsideration and found substantial evidence supporting injury arising out of and occurring in the course of employment (AOE/COE). The Board affirmed the WCJ's finding of AOE/COE, reversing the prior decision to defer this issue.

Transverse MyelitisHepatitis B VaccinationNeurological InjuryMedical CausationAOE/COEPetition for ReconsiderationSubstantial EvidenceReasonable Medical ProbabilityQME OpinionOffice Technician
References
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