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

Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ18492736
Regular
Sep 30, 2025

MARIA HERNANDEZ vs. VALLARTA FOOD ENTERPRISES, INC.; SAFETY NATIONAL CASUALTY CORPORATION

The Workers' Compensation Appeals Board reviewed a petition for reconsideration filed by Safety National Insurance, challenging a WCJ's finding that Maria Hernandez sustained injury to multiple body parts. The Board found the treating physician's report lacked substantial medical evidence due to inadequate records and a flawed job description. Additionally, the Qualified Medical Evaluator's (QME) reports were incomplete and inconsistent regarding all body parts except the left hand. Consequently, the Board granted reconsideration, rescinded the original decision, and substituted new findings, determining that Hernandez sustained a cumulative injury only to her left hand while deferring the issue of injury to other body parts for further development of the record.

WCABPetition for ReconsiderationFindings of Fact and Ordersubstantial medical evidenceQualified Medical Evaluator (QME)cumulative traumabilateral shoulderswristshandsleft hand injury
References
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
Case No. ADJ2135528 (VNO 0550980)
Regular
May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a petition for reconsideration filed by the defendants, Three Hands Corporation and Oak River Insurance Company. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. This dismissal is based on the WCJ's report, which found the petition moot because the WCJ issued a corrected award superseding the original one. Therefore, the WCAB adopted the WCJ's reasoning and dismissed the reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportmootSecond Amended Supplemental FindingsFirst Amended Joint FindingsApplicantDefendantInsurance CompanyAdministrative Law Judge
References
Case No. ADJ7119489
Regular
Mar 11, 2011

TERESA PEREZ vs. ACCORD LODGING NORTH AMERICA/ MOTEL 6, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns applicant Teresa Perez's claim for industrial injury to her neck, shoulder, arm, hand, and wrist. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's request for removal regarding the validity of Qualified Medical Evaluator (QME) panels. The WCAB affirmed the findings of the administrative law judge (ALJ) that panel #1160421 is valid, finding the defendant's initial request for a panel premature. The WCAB also ruled that a prior QME selection in a different case did not mandate its use here.

Workers' Compensation Appeals BoardRemovalReconsiderationFindings and OrdersQualified Medical EvaluatorAgreed Medical EvaluatorLabor Code section 4062.2(b)Code of Civil Procedure section 1013WCAB Rule 10507Service by mail
References
Case No. ADJ575595 (SRO 0118927) ADJ2965361 (SRO 0122685)
Regular
May 21, 2009

JEFFREY DOTY vs. CIRCUIT CITY STORES, INC.

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the $34\%$ permanent disability rating was incorrect, specifically regarding the overlap of his hand injuries and MRSA infection. The Appeals Board granted reconsideration to amend the dates of injury in the original findings. Ultimately, the Board affirmed the original award but amended the findings to reflect the correct dates of injury for the left hand/bilateral upper extremities/MRSA and the right elbow injuries.

Workers' Compensation Appeals BoardCircuit City StoresMRSAPermanent DisabilityReconsiderationFindings of FactJoint Findings Award and OrderSales ClerkIndustrial InjuryLeft Hand
References
Case No. POM 0244323, POM 0260214
Regular
Jan 14, 2008

BERTHA KOCIAN vs. CLOUGHERTY PACKING dba FARMER JOHN

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the date of injury for applicant's bilateral hand and right knee cumulative trauma claim, changing it to 1980-March 22, 2001. The Board affirmed the original decision denying apportionment of permanent disability to pre-existing conditions, finding defendant failed to provide substantial medical evidence to support their claim. Applicant sustained industrial injury to her bilateral hands and right knee, resulting in 67 percent permanent disability.

KocianClougherty PackingFarmer JohnPOM 0244323POM 0260214Petition for ReconsiderationFindings and Awardssausage stufferindustrial injuryright knee
References
Case No. ADJ2859198 (MON 0336989) ADJ6864257 ADJ6864244
Regular
Dec 22, 2016

MICHAEL CHANEY vs. WARNER BROTHERS STUDIO FACILITIES

This Workers' Compensation Appeals Board decision addresses Defendant Warner Brothers' petition for reconsideration of a prior finding of injury AOE/COE to the applicant's neck, back, hands, and psyche. The Board admits a disputed medical report from Dr. Friedman into evidence, finding Defendant failed to meet its burden to exclude it. The Board affirms the WCJ's findings, concluding that substantial evidence supports injury to the applicant's hands and that the neck injury claim is not time-barred based on AME Dr. Harris's opinion. The Board also finds sufficient evidence for the psychiatric injury claim, relying on the admitted report and acknowledging Defendant's arguments regarding causation were factually inaccurate.

AOE/COEdate of injurystatute of limitationspsychiatric injurycausation thresholdLabor Code section 3208.3medical reportsAgreed Medical EvaluatorQualified Medical Examinercumulative trauma
References
Case No. OXN 0143803
Regular
Aug 10, 2007

MARIA MARTINEZ vs. SUNRISE RANCH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted CIGA's reconsideration to allow them the opportunity to present evidence regarding the applicant's alleged right hand injury, which was not initially an issue at trial. The Board also remanded the case for clarification on the Statute of Limitations defense, specifically who paid the benefits that allegedly tolled the statute. Finally, the Board noted potential misapplication of Administrative Director Rules regarding notice of rights and will allow CIGA to further develop the record on this issue.

CIGAPaula Insurance Companyliquidationcovered claimsFindings and AwardOrder of Commutationindustrial injurybilateral wristshandspermanent disability
References
Case No. ADJ11756808
Regular
Apr 04, 2023

JASON KOLB vs. TAMPA BAY DEVIL RAYS, TRAVELERS INDEMNITY COMPANY

This case involves a professional athlete claiming cumulative industrial injury to multiple body parts. The Appeals Board granted reconsideration, finding that the initial judge erred by solely awarding benefits for the left shoulder, despite unanimous medical evidence of injury to other areas. The Board adopted the opinions of Dr. Kim, finding industrial injury to the cervical spine, lumbar spine, right shoulder, left elbow, wrists, hands, fingers, hips, and left knee. Consequently, the applicant's permanent disability award was increased from 3% to 41%.

ADJ11756808Petition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryCervical SpineLumbar SpineRight ShoulderLeft ElbowWrists
References
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