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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. ADJ8050301
Regular
Oct 24, 2016

LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that dismissed a lien claimant's evidence and lien. The WCAB found the administrative law judge erred by excluding exhibits without adequate explanation, given the WCAB's informal evidentiary standards and ability to admit hearsay. The case is returned to the trial level for the judge to re-evaluate each exhibit's admissibility considering these relaxed rules of evidence. The WCAB also clarified that copy service fees for medical records are recoverable medical-legal expenses.

Lien claimantPetition for Reconsiderationinadmissible evidencehearsayfoundationLabor Code section 5708informal proceedingsauthenticationmedical-legal expensesLabor Code section 4622
References
Case No. ADJ7534513; ADJ7596521
Regular
May 29, 2012

WADE GAVIN vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant, Wade Gavin, seeking workers' compensation benefits for two separate knee injuries. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (ALJ) findings. The ALJ found that the applicant's second claim, filed after termination from employment, was barred by the post-termination statute. This decision was based on the ALJ's finding that the applicant lacked credibility and was intentionally vague about the injury date, while also finding that a timely objection to hearsay evidence was not made. The WCAB adopted the ALJ's report, emphasizing the great weight given to the ALJ's credibility determinations.

Workers' Compensation Appeals BoardCalifornia Men's ColonyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Labor Code §3600(a)(10)post termination statutehearsaycredibility
References
Case No. ADJ 4103043 (VNO 0476350) ADJ 3126939 (VNO 0476351) ADJ 2605301 (VNO 0476352)
Regular
Jan 05, 2011

JOHN ALLEN PERRY vs. THE KROGER CO. DBA FOOD 4 LESS, PSI, ADMINISTERED BY SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.

Agreed Medical EvaluatorMandatory Settlement ConferencePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJRebuttalInvited ErrorHearsay AdmissibleLabor Code Sections 57085709
References
Case No. ADJ7500681
Regular
Jul 05, 2012

MICHAEL TEXEIRA vs. BIG O TIRES, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant claimed injury AOE/COE from an incident at work but had no recollection and relied solely on hearsay from third parties and an unverified email from his employer. The Administrative Law Judge found this evidence insufficient to establish causation. The Board adopted the judge's report, concluding the applicant failed to meet his burden of proof for injury arising out of and in the course of employment.

AOE/COEPetition for Reconsiderationunverified petitionhearsay evidenceapplicant's burden of proofprobative valuemechanism of injurycondoned horseplayemployer emailinsufficient evidence
References
Case No. ADJ9578546
Regular
Feb 27, 2020

RON HIGGINS vs. COUNTY OF LOS ANGELES – TREASURER AND TAX COLLECTOR

The Appeals Board affirmed the WCJ's decision finding that the applicant did not sustain a compensable psychiatric injury. The applicant failed to prove by a preponderance of the evidence that actual employment events were the predominant cause of his alleged injury. The record indicated that the applicant's own disruptive behavior and perceived inappropriate reactions to his colleagues were the primary drivers of the workplace conflicts. The Board also rejected the applicant's argument regarding hearsay evidence, citing the Appeals Board's discretion to deviate from common law rules of evidence.

Workers' Compensation Appeals BoardPsychiatric InjuryHostile Work EnvironmentAgreed Medical EvaluatorPredominant CauseActual Events of EmploymentHearsay EvidenceEvidence Code Section 412Labor Code Section 3208.3Rolda v. Pitney Bowles
References
Case No. ADJ1211037
Regular
May 10, 2010

ANGELICA DAYRIT vs. WALGREENS

The Workers' Compensation Appeals Board granted Walgreens' petition for reconsideration, overturning the prior award for cervical, lumbar spine, and psyche injuries. The Board found the applicant failed to provide sufficient evidence and testimony to establish industrial injury to her cervical and lumbar spine. However, the Board affirmed the finding of a psyche injury, acknowledging that hearsay evidence from a physician's report could support this claim. The case is remanded for further proceedings to determine temporary disability, permanent disability, and attorney's fees based solely on the psyche injury.

Workers' Compensation Appeals BoardSenior Pharmacy TechnicianCumulative TraumaOrthopedic ComponentsPsychiatric ComponentsMandatory Settlement ConferenceApplicant Failure to AppearNotice to AppearDue ProcessSubstantial Evidence
References
Case No. ADJ9123291
Regular
Nov 25, 2019

SALVADOR PEREZ vs. THREE Js TRUCKING, INC., UNINSURED EMPLOYER BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a finding that lien claimant Med-Legal LLC failed to prove applicant's employment. The WCAB found that applicant's statement to a physician, documented in a sworn report, constituted hearsay admissible in workers' compensation proceedings. This report, combined with the employer's lack of contrary evidence, shifted the burden to the Uninsured Employers Benefits Trust Fund (UEBTF) to disprove employment. Consequently, the WCAB rescinded the prior order and returned the case for further proceedings on the employment issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderUninsured Employers Benefits Trust FundEmployee StatusPrima Facie CaseHearsay EvidenceSubstantial EvidenceLabor Code
References
Case No. ADJ6839103
Regular
Mar 28, 2013

MICHAEL DAVIS vs. BOSTON BREAKERS, THE NORTH RIVER INSURANCE CO., CINCINNATI BENGALS, TAMPA BAY BUCCANEERS

This case involves a former professional football player claiming cumulative industrial injury in California. The trial judge dismissed the case, finding no demonstrated injury sustained within California, thus divesting the Board of subject matter jurisdiction. The Appeals Board granted reconsideration to further study the issues. The Board rescinded the dismissal, returning the matter for further development of the record, particularly concerning the medical opinions' connection to California exposure and the mechanism of injury. The Board also noted that hearsay testimony from an investigator was permissible as the Board is not bound by strict rules of evidence.

Workers' Compensation Appeals BoardCumulative Trauma InjurySubject Matter JurisdictionProfessional Football PlayerCumulative Industrial InjuryMinimum ContactsSubstantial EvidenceMedical OpinionMechanism of InjuryApportionment
References
Case No. ADJ1468790 (RIV 0078105)
Regular
Feb 21, 2014

AUSTREBERTO FLORES, EFIGENIA FLORES vs. CARSON CAPITAL CORPORATION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that applicants failed to prove a serious and willful violation or safety violation causing the decedent's death. The WCJ found the employer had no knowledge of the cart's mechanical issues, deeming the throttle spring break a spontaneous event. The Board upheld this, giving more weight to the credible testimony of the employer and defense witness over unsworn hearsay statements from co-employees not produced for cross-examination. A dissenting commissioner argued for further development of the record, noting consistent employee statements suggesting employer knowledge of mechanical problems and failure to act.

Serious and willful violationSafety violationDeath benefitsCompromise and ReleasePetition for ReconsiderationFindings and OrderCompetent hearsayDeposeCross-examinationCredibility findings
References
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