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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9391561 ADJ8266496
Regular
Apr 12, 2019

HENDRIKUS ANTONIUS BENNINK vs. CITY OF FRESNO

This case involves a police officer claiming industrial injuries to multiple body parts, including orthopedic and digestive systems, in addition to previously resolved cardiovascular and hearing claims. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant did not sustain industrial injuries to his neck, upper extremities, back, legs, or digestive system. This decision was based on substantial evidence from Qualified Medical Examiners (QMEs) who concluded these conditions were degenerative and non-industrial. The WCAB found no error in the QMEs' reasoning or the applicant's failure to prove industrial causation for these specific injuries.

ADJ9391561ADJ8266496Industrial injuryCardiovascular systemHearing lossOrthopedic injuryDigestive systemQMESubstantial evidenceCausation
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
Case No. ADJ11024218
Regular
Feb 07, 2020

CAMILLE CORTES vs. SAN BERNARDINO COUNTY OF PROBATION

The applicant, Camille Cortes, sought reconsideration of a Findings and Order that denied her claim for injury due to good faith personnel actions. The Appeals Board granted reconsideration, rescinded the original order, and found that the applicant sustained injury to her digestive and excretory systems. All other issues, including injury to her head and brain, were deferred. The Board found that the applicant did not claim a psychiatric injury, thus the good faith personnel action defense did not apply to her physical condition aggravation.

WCABPetition for ReconsiderationFindings and OrderWCJgood-faith personnel actiondue processQMEinternal medicinepsychiatrydigestive system
References
Case No. ADJ6899666 ADJ6899667
Regular
Jan 25, 2016

KIMBERLY CHAMBERS vs. UCLA MEDICAL CENTER, Permissibly SelfInsured, Administered By SEDGWICK CMS

This case concerns an applicant's industrial injury causing cardiovascular and digestive system damage. The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as moot due to the judge's rescission of a prior award. The Board granted the defendant's petition, limiting the applicant's total temporary disability to 104 weeks per Labor Code section 4656(c)(2). The issue of a 15% permanent disability increase under Labor Code section 4658(d)(2) was deferred for further proceedings.

Petition for ReconsiderationDismissalFindings of FactOrder and AwardWCJPhlebotomistIndustrial InjuryCardiovascular SystemTemporary DisabilityPermanent Disability
References
Case No. ADJ7242853
Regular
Dec 04, 2012

DANNY SABAG vs. MITRANI USA CORP c/o CPEHR, CASTLEPOINTE NATIONAL INSURANCE CO by TOWER GROUP

This case concerns applicant Danny Sabag's claim for workers' compensation benefits for cumulative trauma injury to his back, neck, right shoulder, psyche, jaw, and digestive system. The defendant contested the finding of industrial injury, particularly regarding the aggravation of pre-existing Crohn's disease by work stress. The Appeals Board found the current medical record insufficient to support injury to the psyche, jaw, and digestive system. Therefore, the matter is returned to the trial level for further medical development on these specific body parts, while upholding the finding of orthopedic injury.

Workers' Compensation Appeals BoardReconsiderationCumulative Trauma InjuryCrohn's DiseaseAggravationMedical EvidenceQualified Medical Evaluator (QME)Agreed Medical Examiner (AME)Psychiatric InjuryLabor Code Section 3208.3
References
Case No. ADJ10455970
Regular
Jul 15, 2019

CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

Workers' Compensation Appeals BoardBeatriz GaonaCresencio BenitezAzitex TradingEmployers CompensationADJ10455970Petition for ReconsiderationFindings and OrderMachine OperatorCumulative Injury
References
Case No. ADJ10166138
Regular
Apr 07, 2023

MICHAEL DOWLING vs. MANPOWERGROUP, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration. The defendants contended the Administrative Law Judge erred by stating applicant required medical treatment for his left shoulder and wrist, and by finding an $83\%$ permanent disability with a lifetime pension. The Board adopted the WCJ's report, which corrected the clerical error regarding the shoulder and wrist treatment but upheld the permanent disability finding. The WCJ determined the "addition method," rather than the Combined Values Chart, was the most accurate way to combine the applicant's orthopedic and psychiatric impairments based on substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDenying ReconsiderationAdjudication NumberAdmitted Industrial InjuryCompensable ConsequencesNervous SystemPsycheExcretory System
References
Case No. ADJ9097334
Regular
Apr 25, 2016

CHARLES GELETKO vs. CALIFORNIA HIGHWAY PATROL, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award granting applicant benefits, arguing the administrative law judge (WCJ) improperly calculated the applicant's permanent disability. The SIBTF contended the WCJ erred by applying a 1.4 adjustment factor and by adding individual impairments rather than combining them. The Appeals Board granted reconsideration, agreeing with the WCJ's report to affirm the award while correcting a mathematical error, ultimately awarding applicant 82% permanent disability. The Board found the 1.4 modifier applicable under the relevant statute, but upheld the prohibition against using the Combined Values Chart when assessing SIBTF eligibility due to statutory exclusions for age and occupation adjustments.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent disability thresholdwhole-person impairmentsection 4660.11.4 modifierCombined Values ChartCalifornia Highway Patrolcumulative trauma injurycardiovascular system
References
Case No. ADJ3100377 (MON 0353282)
Regular
Nov 29, 2010

ANGELA RHYMES vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award due to insufficient medical evidence. The WCAB found that the primary treating physician's impairment ratings were conclusory and lacked a solid basis, particularly regarding lower extremity and skin impairment. Furthermore, the WCAB questioned the inclusion of a digestive system impairment claim, as it was not raised in the original claim or at the initial hearing. The case is remanded for further development of the record, including supplemental reports from both physicians, to properly determine permanent disability and the digestive system injury claim.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilitySubstantial Medical EvidencePrimary Treating PhysicianQualified Medical EvaluatorAMA GuidesWhole Person ImpairmentLeft Ankle InjuryKeloid Scar
References
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