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Case Law Database

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

Case No. ADJ1754279

Regular

Dec 15, 2009

MARIA ROSALBA PANTOJA vs. EXPRESS PERSONNEL, AMERICAN ASSURANCE

The WCJ's decision is rescinded because the record did not contain substantial evidence to support any decision on the issue of causation of applicant's alleged hypertension, sexual dysfunction, and gastritis. The case is returned to the hearing level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersWCJStipulationsIndustrial InjuryHypertensionSexual DysfunctionGastritisCompensable Consequence

References

Case No. ADJ6707071

Regular

Nov 02, 2011

GINA STEWART vs. CITY OF LOS ANGELES

This case concerns applicant Gina Stewart's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied reconsideration, affirming the administrative law judge's findings. Applicant sought reversal of the 95% permanent disability rating and the denial of industrial injury to her vision and gastritis. The WCAB found that the Agreed Medical Examiner's reports did not provide substantial evidence for these claims, citing a lack of reasoning and specificity.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

References

Case No. ADJ7009099

Regular

Jun 08, 2015

Joseph Vivirito vs. CITY OF GLENDALE

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award, reducing the applicant's permanent disability from 76% to 73%. The primary issue was the apportionment of the applicant's gastritis disability, with the Board finding that 20% should be attributed to non-industrial factors, as supported by an Agreed Medical Evaluator's opinion. The Board also noted a mathematical error in the initial indemnity calculation and deferred the issue of attorney's fees to the Disability Evaluation Unit.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentIndustrial InjuryGastritisPsycheBilateral Upper Extremities

References

Case No. ADJ8015216

Regular

Aug 27, 2018

RAMON CANO-RODRIGUEZ vs. ODONA CENTRAL SECURITY CORP.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The WCAB granted reconsideration for both applicant and defendant, rescinding the prior award and remanding the case for further proceedings. The board found that the secondary physicians' reports, relied upon by the WCJ for findings on headaches, hypertension, diabetes, and gastritis, lacked substantial medical evidence due to inadequate history and review of medical records. The WCAB also granted applicant's petition to allow further development of the record concerning the proper method for calculating permanent disability, specifically regarding the rebuttal of scheduled ratings. This ensures substantial justice by preventing undeveloped matters from being left unaddressed.

WCABPetition for ReconsiderationIndustrial InjuryCervical SpineLumbar SpineRight ShoulderPsycheSleep DisorderGastritisHeadaches

References

Case No. ADJ8725567

Regular

Feb 07, 2017

MARTHA ROMERO vs. DEPARTMENT OF SOCIAL SERVICES, INHOME SUPPORTIVE SERVICES; Permissibly Self-Insured; YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied Martha Romero's petition for reconsideration. The Board affirmed the finding that Romero sustained industrial cumulative trauma to her knees, shoulders, neck, trunk, ankles, and low back, but not to her head, arms, wrists, extremities, feet, psyche (hypertension, sleep disorder), or gastritis. This denial was based on the WCJ's report, which found Romero failed to meet her burden of proof regarding additional injuries and that her medical evidence was unsubstantial due to an inaccurate history and her failure to demonstrate due diligence in developing the record. The Board also noted the QME's opinion that Romero exaggerated her symptoms, supported by sub rosa video evidence.

Workers' Compensation Appeals BoardCumulative Trauma InjuryIndustrial InjuryPetition for ReconsiderationFindings and OrderAdministrative Law JudgeQualified Medical EvaluatorSub Rosa VideoMagnifying SymptomsDue Diligence

References

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MARIA ROSALBA PANTOJA vs. EXPRESS PERSONNEL, AMERICAN ASSURANCE

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersWCJStipulationsIndustrial InjuryHypertensionSexual DysfunctionGastritisCompensable Consequence

GINA STEWART vs. CITY OF LOS ANGELES

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

Joseph Vivirito vs. CITY OF GLENDALE

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentIndustrial InjuryGastritisPsycheBilateral Upper Extremities

RAMON CANO-RODRIGUEZ vs. ODONA CENTRAL SECURITY CORP.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

WCABPetition for ReconsiderationIndustrial InjuryCervical SpineLumbar SpineRight ShoulderPsycheSleep DisorderGastritisHeadaches

MARTHA ROMERO vs. DEPARTMENT OF SOCIAL SERVICES, INHOME SUPPORTIVE SERVICES; Permissibly Self-Insured; YORK RISK SERVICES GROUP