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

Case No. ADJ4225526 (GOL 0092072)
Regular
Apr 20, 2017

JESUS ARROYO vs. JOHN CRAVENS PLASTERING, STATE COMPENSATION INSURANCE FUND

This case involves Jesus Arroyo's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the reasoning of the workers' compensation administrative law judge. Medical evidence from Dr. Markovitz established that Arroyo suffered a total and permanent disability resulting from industrial injuries, including an aortic aneurysm repair and subsequent strokes. The Board found Dr. Markovitz's opinions constituted substantial medical evidence, despite conflicting defense opinions, and affirmed that all necessary medical care and permanent disability were industrially caused.

Workers' Compensation Appeals BoardJesus ArroyoJohn Cravens PlasteringState Compensation Insurance FundPetition for ReconsiderationAgreed Medical ExaminerGerald Markovitzechocardiogramaortic root dilationexpanding aortic aneurysm
References
Case No. ADJ10815810
Regular
May 06, 2019

Derrell Meek vs. Corcoran State Prison, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision, overturning the finding of 86% permanent disability. The Board found that the physician's initial assessment of 75% whole person impairment for hypertensive cardiovascular disease, as per the AMA Guides, was appropriate. This 75% impairment was then adjusted to permanent total disability, recognizing that the scheduled rating adequately addressed the applicant's condition. The decision ultimately awarded permanent total disability indemnity and ongoing medical treatment.

Workers' Compensation Appeals BoardCorcoran State PrisonState Compensation Insurance FundDerrell Meekcorrectional officercirculatory systempermanent disabilityMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)alternative impairment analysisAMA Guides
References
Case No. VNO 0539404
Regular
Apr 03, 2008

DUANNA CARLISLE vs. COUNTY OF LOS ANGELES

This case concerns a widow's claim for death benefits after her police officer husband died from a ruptured aortic aneurysm. The Workers' Compensation Appeals Board granted reconsideration to correct the weekly payment rate for death benefits. While affirming the total benefit amount and the date of injury, the Board amended the award to reflect a higher weekly payment rate of $840.00, consistent with current statutory guidelines for temporary total disability.

Workers' Compensation Appeals BoardDeath BenefitsRuptured Aortic AneurysmHypertensionPermanent DisabilityCumulative TraumaDate of InjuryDate of DeathLabor Code Section 4702Temporary Total Disability Indemnity
References
Case No. ADJ9709726
Regular
Jun 25, 2015

LAURA NUNEZ vs. SUTTER PACIFIC MEDICAL FOUNDATION, SUTTER HEALTH

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged the finding of industrial injury AOE/COE for thoracic outlet syndrome, arguing it wasn't an issue for trial and the medical evidence was insufficient. The Board found that thoracic spine injury was an issue and that Dr. Avery's opinion provided substantial medical evidence to support the thoracic outlet syndrome finding. Any potential defects in the original WCJ opinion were cured by the WCJ's subsequent report.

Thoracic outlet syndromeAOE/COEPetition for Reconsiderationsubstantial medical evidenceG. James Avery M.D.Steven Bratman M.D.industrial injuryapportionmentWCJlabor code 5313
References
Case No. LAO 801322
Regular
May 23, 2008

O.C. MARSHALL (Deceased) JENNIFER MARSHALL (Widow) vs. ARCO/BRITISH PETROLEUM; ESIS

This case concerns a widow's appeal of a denial of workers' compensation benefits for her husband's death. The Administrative Law Judge (ALJ) denied benefits, finding the death was due to natural causes and not his employment as a pipe fitter for Arco/British Petroleum. The Workers' Compensation Appeals Board affirmed the denial, finding the applicant's medical expert's opinion lacked substantial evidence due to an inaccurate history and incomplete analysis of the decedent's medical records and family history.

Workers Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeQualified Medical EvaluatorQMEatherosclerotic diseasehypertension
References
Case No. ADJ3339526
Regular
Oct 14, 2008

Jeffrey Zajdel vs. CALIPATRIA STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the issue of apportionment of the applicant's permanent disability due to a heart and brain injury. The Board rescinded the prior decision that apportioned 50% of the disability to non-industrial factors, finding the medical opinion supporting apportionment speculative and not based on established legal principles. Consequently, the Board issued a new award for 100% permanent disability without apportionment and reinstated the applicant's attorney's fees based on this higher award.

WORKERS' COMPENSATION APPEALS BOARDJEFFREY ZAJDELCALIPATRIA STATE PRISONSTATE COMPENSATION INSURANCE FUNDADJ3339526VNO 0491968OPINION AND ORDER GRANTING RECONSIDERATIONSUPPLEMENTAL FINDINGS AND AWARDINDUSTRIAL INJURYHEART INJURY
References
Case No. ADJ6626529
Regular
Nov 05, 2015

NICOLAS WALKER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues in this case. The WCAB rescinded the prior Findings of Fact & Award, denied the defendant's motion to be relieved of stipulation regarding the thoracic spine, and found that the applicant sustained industrial injury to his cervical spine, shoulders, and thoracic spine. The WCAB deferred issues of permanent disability, apportionment, and attorney's fees, returning the matter to the WCJ for further record development.

Workers' Compensation Appeals BoardNicolas WalkerLos Angeles Unified School DistrictSedgewick Claims Management ServicesInc.ADJ6626529Opinion and Decision After ReconsiderationFindings of Fact & AwardWCJcervical spine
References
Case No. ADJ526691 (LBO 0329338) MF ADJ3636578 (VNO 0535001)
Regular
Feb 11, 2014

JITKA VAN DYNE-PARMET vs. UNITED AIRLINES

The applicant sought reconsideration of a WCJ decision that awarded 91% permanent disability for injuries to her neck, shoulders, fibromyalgia, and psychological system, but denied injury to her central nervous system (aneurysm). The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further development of the medical record. This is primarily due to the ambiguity in a medical report regarding the industrial causation of the applicant's carotid aneurysm, which the Board found could be reasonably probable given the documented trauma. The Board also noted the WCJ's clerical error regarding the amount of permanent disability indemnity awarded.

Workers' Compensation Appeals BoardIndustrial InjuryFibromyalgiaCarotid AneurysmAgreed Medical ExaminersApportionmentPermanent DisabilityMedical TreatmentReconsiderationPetition for Reconsideration
References
Case No. VNO 0507584, VNO 0508707
Regular
Apr 22, 2008

CAROLYN HOWARD vs. GOTTSCHALKS, INC., THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding that neither the applicant's treating physician nor the defendant's QME provided substantial evidence regarding the extent of permanent disability. The Board returned the case to the trial level for further development of the record, specifically requiring more comprehensive medical opinions on permanent disability from both physicians. The Board also directed the WCJ to make an express finding regarding injury to the applicant's thoracic spine.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardThoracic spinePsyche injuryPermanent disabilityFurther medical treatmentPermanent disability indemnitySeth Hirsch Ph.D.Jay Cohen M.D.
References
Case No. ADJ10339693
Regular
Mar 16, 2019

CATHERINE WILSON vs. STOCKTON UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the WCJ's decision regarding the applicant's industrial injury. The Board affirmed the finding of injury to the lumbar spine and the need for further medical treatment for that injury. However, all other issues, including injury to the shoulders and thoracic spine and the determination of permanent disability, were deferred due to the WCJ's inadequate explanation and analysis. Further proceedings are required to develop the record and clarify disputed medical opinions before a final decision on all issues can be made.

WCABPetition for ReconsiderationFindings of FactAward and OrdersIndustrial InjuryLumbar SpineThoracic SpineShouldersTemporary DisabilityPermanent Disability
References
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