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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ11008178
Regular
Oct 09, 2020

JAMIE BODINE vs. EMPLOYER SOLUTIONS STAFFING GROUP II, GALLAGHER BASSETT SERVICES, INC.

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding continuing temporary disability benefits to the applicant. The defendant argued that proceeding to trial on the issue of temporary disability violated its due process rights due to insufficient notice. The WCAB granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings. The Board found that the defendant was not provided with proper notice regarding the temporary disability issue, thus violating its due process rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityDue ProcessExpedited HearingDeclaration of Readiness to ProceedMedical TreatmentWork RestrictionsAccommodation
References
Case No. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
Case No. ADJ14547470
Regular
Apr 17, 2025

RICHARD LYNN vs. CONTRA COSTA ELECTRIC, AMERICAN CASUALTY COMPANY OF READING, PA

The Workers' Compensation Appeals Board granted reconsideration to applicant Richard Lynn, who challenged a Workers' Compensation Arbitrator's (WCA) denial of his right to a Qualified Medical Evaluator (QME) examination. The WCA had found that Lynn forfeited this right by not attending a scheduled QME exam, citing an Alternate Dispute Resolution (ADR) agreement. The Board determined that the ADR section did not mandate forfeiture and that the WCA, like a WCJ, possessed discretion to appoint a medical examiner to ensure due process and fully adjudicate issues, especially given the lack of medical-legal reporting on industrial causation. Consequently, the Board rescinded the WCA's Findings and Order and returned the matter for further proceedings consistent with its decision.

ADR ProgramQMELabor Code Section 3600(a)(10)NECA/IBEWsubstantial justicedue processmedical-legal evaluationrescindedreturnedarbitraton
References
Case No. ADJ10242010
Regular
Apr 24, 2017

Tahara Johnson vs. Fairmont Hotels, Zurich American Insurance Company

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior award of temporary disability benefits. The Board found that the defendant employer was denied due process when the judge refused to allow their witness to testify at an expedited hearing. Consequently, the case is remanded to the trial level for a full hearing on the issues of temporary disability indemnity and termination. The Board otherwise affirmed the WCJ's findings.

Workers' Compensation Appeals BoardIndustrial InjuryHousekeeperTemporary Disability IndemnityPetition for ReconsiderationFindings and AwardExpedited HearingDue ProcessRight to be HeardWitness Testimony
References
Case No. LAO 0797710
Regular
Apr 21, 2008

LEONARD DI PERI vs. INTERNET CONNECT, ST. PAUL TRAVELERS SPECIAL SERVICES

This case involves an applicant who sustained an admitted industrial back injury in 2000. The Workers' Compensation Appeals Board denied reconsideration of a prior award, affirming the applicant's entitlement to temporary disability indemnity. The Board found that the applicant was properly allowed an expedited hearing on retroactive TDI, and rejected the defendant's claims of due process denial and unjust enrichment due to delayed surgery.

Expedited hearingretroactive temporary disability indemnitydue processunjust enrichmentspinal surgery authorizationmedical evaluation cancellationadmitted industrial injuryLabor Code section 5502priority calendarvocational rehabilitation
References
Case No. ADJ15446832
Regular
Apr 10, 2023

SALVADOR TORRES MACIEL vs. ZARATE BROTHERS INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an employer challenging an expedited workers' compensation award. The employer argued the case proceeded to trial prematurely before discovery was complete and that the finding of temporary partial disability was unsupported. The Appeals Board denied reconsideration, adopting the judge's reasoning that the employer was afforded due process and that the Qualified Medical Examiner's reports provided substantial evidence for the disability finding. The Board also noted that the employer failed to demonstrate substantial prejudice or irreparable harm.

Expedited FindingsTemporary Partial DisabilityPetition for ReconsiderationDeclaration of Readiness to ProceedQualified Medical ExaminerMaximum Medical ImprovementSubstantial EvidenceDiscoveryRemovalPetition to Take Off Calendar
References
Case No. ADJ11109361
Regular
Aug 01, 2019

KENNETH THOMPSON vs. CITY OF OAKLAND POLICE DEPARTMENT, JT2 INTEGRATED

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's order dismissing the applicant's case. The WCAB found the record incomplete, lacking admitted evidence and clear articulation of issues presented at the hearing. Due to these due process concerns and the improper use of an expedited hearing for a statute of limitations issue, the case is returned to the trial level. Further proceedings will allow for proper development of the evidentiary record and a decision based on submitted evidence.

WCABPetition for ReconsiderationOrder Dismissing CaseWCJStatute of LimitationsIndustrial InjuryCumulative TraumaPolice OfficerCervical SpineExpedited Hearing
References
Case No. ADJ11292320
Regular
Mar 03, 2020

MELINDA PRISKIN vs. BANK OF AMERICA, XL INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's prior order. The Board found the WCJ erred by proceeding with an expedited hearing on issues that were not ripe for such a hearing, specifically the denial of injury AOE/COE and the presumption of compensability under Labor Code Section 5402. The defendant was denied due process as it did not have an opportunity to present evidence regarding the timeliness of its denial or the personnel defense. The matter was returned to the WCJ for further proceedings, including a proper hearing to develop the evidentiary record.

Petition for RemovalExpedited HearingLabor Code Section 5402Late DenialInjury AOE/COEDue ProcessDeclaration of Readiness to ProceedWCJWorkers' Compensation Appeals BoardTemporary Disability
References
Case No. ADJ11266442
Regular
Apr 26, 2019

DONALD SEARLES vs. ROUNDTABLE PIZZA, EMPLOYERS COMPENSATION INSURANCE CO.

The WCAB granted reconsideration to address the defendant's due process claims regarding an expedited trial and the sufficiency of medical evidence for the applicant's cervical spine, right wrist, and right upper extremity injuries. The Board affirmed the WCJ's findings of injury to these body parts, finding substantial medical evidence supported them and that the defendant was aware of these claims timely. However, the Board struck the WCJ's deferral of the "nature and extent" issue, remanding for further proceedings on undeveloped claims of injury to the lumbar spine and left leg.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited TrialQualified Medical EvaluatorDue ProcessSubstantial Medical EvidenceCervical Spine InjuryRight Upper Extremity InjuryCarpal Tunnel Syndrome
References
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