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

Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ8701916
Regular
Jan 30, 2015

CHRISTOPHER RICE vs. CITY OF JACKSON, Permissibly Self-Insured, Adjusted by YORK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's apportionment of the applicant's permanent disability. The applicant, a police officer injured on the job, argued that the Qualified Medical Evaluator's apportionment to genetic factors was not supported by substantial evidence. The Board agreed, finding that apportionment to immutable genetic factors was impermissible and that the QME's opinion lacked sufficient reasoning on the specific causation of the disability. Consequently, the Board amended the decision to defer the issue of permanent disability and returned the matter for an unapportioned award.

Workers' Compensation Appeals BoardChristopher RiceCity of JacksonYork Services GroupCumulative traumaNeck injuryPolice officerPermanent disabilityApportionmentPanel Qualified Medical Evaluator (QME)
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. ADJ7682048 MF ADJ7682067
Regular
Oct 03, 2014

EDGAR DIAZ vs. STATE OF CALIFORNIA, CORRECTIONS & REHABILITATION PAROLE

This case concerns an applicant who claimed industrial injuries as a parole officer. The Workers' Compensation Appeals Board rescinded a prior award of total permanent disability and remanded the case for further proceedings. The Board found that the vocational expert's opinion supporting total disability lacked substantial evidence due to an incomplete employment history and contradictions with other evidence. Furthermore, the Board determined that existing medical opinions from Agreed Medical Examiners provided a basis for apportionment of permanent disability to non-industrial factors, which the trial judge had improperly disregarded.

ApportionmentPermanent DisabilitySubstantial EvidenceVocational ExpertMedical EvidenceContinuous TraumaSpecific InjuryBody PartsPreexisting FactorsNonindustrial Factors
References
Case No. ADJ422527 (FRE 0221654) ADJ7975971
Regular
Jul 09, 2012

LYDIA TORRES vs. ALBERTSON'S, INC.

This case involved an applicant alleging industrial injury to multiple body parts, including shoulders, spine, and psyche. The Administrative Law Judge (WCJ) awarded permanent disability based on apportionment of injuries as opined by an Agreed Medical Evaluator (AME). The applicant sought reconsideration, arguing the AME's apportionment opinion lacked substantial medical evidence due to insufficient reasoning. The Appeals Board denied reconsideration, finding the AME's report, when viewed in its entirety, provided a sufficient basis for apportionment based on medical expertise. One Commissioner dissented, believing the AME's report was conclusory and lacked the necessary reasoning to constitute substantial evidence for apportionment.

Workers' Compensation Appeals BoardAlbertson's Inc.Specialty Risk Services Inc.Lydia TorresFindings of Fact and Awardadmitted industrial injuryright shouldercervical spinelumbar spinepsyche
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ784749 (AHM 0115079)
Regular
Aug 02, 2010

Carlos Bautista vs. Prime Factors, Inc., Factory Filament, Inc., Isaac Powell, Uninsured Employers Fund

This case involves a workers' compensation claim by Carlos Bautista for an industrial injury to his spine sustained in November 2003. The applicant was hired in California by Prime Factors Inc., an illegally uninsured employer, and then flown to Mississippi for a job. The Workers' Compensation Appeals Board (WCAB) is denying Isaac Powell's petition for reconsideration of prior findings. These findings established California's jurisdiction, the employer's uninsured status, and the applicant's industrial injury.

Workers' Compensation Appeals BoardPrime FactorsInc.Isaac PowellUninsured Employers FundIndustrial InjuryCervical SpineThoracic SpineLumbar SpineLabor Code Section 5900
References
Case No. ADJ10186320
Regular
Feb 19, 2019

ELEUTERIO POLINA, vs. RALPHS GROCERY STORE

The Workers' Compensation Appeals Board denied Ralphs Grocery Store's petition for reconsideration. Defendant argued the administrative law judge erred in finding hypertension and stroke industrially caused. The Board affirmed the judge's decision, relying on the qualified medical evaluator's opinion that work stress and night shift work were contributing factors to the applicant's hypertension, which in turn led to the stroke. The Board emphasized that industrial factors only need to be a contributing cause for an injury to be compensable, and the location of symptom onset is irrelevant if the exposure occurred during employment.

HypertensionStrokeWork StressNight ShiftCumulative InjuryMedical CausationQualified Medical EvaluatorCardiologistCircadian RhythmCatecholamine
References
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