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

Case No. ADJ4176866 (AHM 0093466) ADJ125605 (AHM 0093469) ADJ1808207 (AHM 0294929)
Regular
Mar 20, 2009

TIMMY WALLING vs. THE BOEING COMPANY; CIGA through its SERVICING FACILITY CAMBRIDGE INTEGRATED SERVICES for FREMONT, in liquidation

The Appeals Board granted reconsideration and affirmed the WCJ's finding of cumulative industrial injury to the applicant's spine, blood pressure, heart, and psyche. However, the Board amended the order to allow for adjustment or litigation of costs for the expert witness Jeanine Metildi's testimony. The applicant's arguments regarding insufficient permanent disability benefits and a missed right knee injury were not accepted.

Workers' Compensation Appeals BoardCumulative Industrial InjuryStructural AssemblerSpineHigh Blood PressureHypertensionHypertensive Heart DiseasePsychePermanent and StationaryPermanent Disability Benefits
References
Case No. ADJ9297105
Regular
May 20, 2016

GREGORY GRIFFIN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a statute of limitations defense. The applicant, a fire captain, sustained cumulative injuries ending March 21, 2012, but his claim was initially barred. The Board rescinded the previous findings and returned the case to trial, directing consideration of whether disability pension payments constitute compensation under Labor Code section 5405(b). The case also requires further development regarding potential tolling of the statute due to the employer's knowledge of the injury and failure to provide a DWC-1 form.

Statute of limitationsPetition for ReconsiderationFindings of FactWCJCumulative injurySkinNeckBackFeetHearing loss
References
Case No. ADJ2957389 (RDG 0129189)
Regular
Aug 28, 2013

WAYNE BREWER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS HIGH DESERT STATE PRISON

The Appeals Board rescinded the prior award of 100% permanent disability due to an industrial injury sustained by the applicant, a correctional officer. The Board found that the vocational expert's opinion on total loss of earning capacity was not substantial evidence because it failed to properly apportion disability to non-industrial factors, a duty that falls on the WCJ, not the rater. Issues of permanent disability, apportionment, and attorney fees were deferred and returned to the trial level for further development of the record and reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injurycorrectional officerbilateral shouldersbilateral kneesbilateral feetlumbar spinethoracic spine
References
Case No. ADJ528016 (LAO 0797447) ADJ4708211 (LAO 0831457)
Regular
May 04, 2015

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY/CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation, LEGION INSURANCE COMPANY, in liquidation, SEDGWICK CLAIMS M

This case involves a workers' compensation applicant claiming industrial injury to his psyche, lower extremities, internal system, high blood pressure, and diabetes over a cumulative trauma period. The Administrative Law Judge (ALJ) found injury to the psyche and lower extremities, but not the internal system or conditions like high blood pressure and diabetes. The ALJ also found Republic Indemnity solely liable, with a specific date of injury. Both applicant and Republic sought reconsideration. The Appeals Board granted reconsideration, amending the findings to include chronic venous stasis and need for further medical treatment, but deferred key issues like the date of injury, liability, permanent disability, and attorney fees. The case is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and OrderLabor Code Section 5412Date of InjuryCumulative TraumaRepublic Indemnity CompanyCalifornia Insurance Guarantee Association (CIGA)Agreed Medical Examiner (AME)Chronic Venous Stasis
References
Case No. ADJ1607469
Regular
Feb 01, 2010

CHRISTOPHER MELENDEZ vs. SALEM EQUIPMENT COMPANY, WAUSAU INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a previous decision awarding penalties and attorney's fees. The Board found issues with the original WCJ's findings regarding the scope of injury, self-procured treatment costs, and penalty calculation for delayed medical treatment. The case is returned to the trial level for further proceedings and a new decision by the WCJ. The WCAB expressed no opinion on the merits of the issues raised in the petitions for reconsideration.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryContracturesHydrocephalusHemiplegiaPneumoniaDecubitus UlcerationsNeurogenic BladderRenal Failure
References
Case No. ADJ3042475 (SAL 0116557)
Regular
Apr 19, 2010

JEFFREY SIBAYAN vs. CITY OF GONZALES, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical record regarding the applicant's heart condition and hypertension inadequate. While the statutory presumption of industrial heart trouble for police officers was applicable, the Board found conflicting medical opinions and insufficient evidence to determine if a compensable injury had occurred. The case is returned to the trial level for further medical development and a new decision by the WCJ.

Labor Code section 3212.5heart trouble presumptionpolice officerindustrial injurycardiovascular systemhigh blood pressureventricular hypertrophypresumption rebuttalmedical record inadequacysecond opinion
References
Case No. ADJ8558358
Regular
Sep 22, 2025

JOSE MEJIA vs. JB CRITCHLEY, INC., AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to clarify that the defendant's prior appeals regarding the applicant's stipulated average weekly wage and permanent disability rate were exhausted and that the award was final as of October 2, 2024. The Board affirmed the imposition of penalties under Labor Code section 5814 and attorney fees under section 5814.5 due to the defendant's unreasonable delay in paying the final award. The defendant's arguments regarding seasonal employment and extrinsic mistake were rejected as the stipulated wages and findings were final and not adequately supported for setting aside. The original Findings and Award were rescinded and substituted to reflect the finality of the prior decision and the confirmed penalties and fees.

Labor Code section 5904Petition for ReconsiderationFindings and Awardsemi-truck drivercervical spinethoracic spinelumbar spinehearing losspsychehypertension
References
Case No. ADJ1845403
Regular
Jan 13, 2010

GERALD WILLIAMS vs. OAK GROVE INSTITUTE, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award finding an industrial injury and temporary disability for the applicant. The defendant argued the award lacked substantial medical evidence and sought to introduce a medical report not previously admitted. The Appeals Board denied reconsideration because the defendant failed to comply with procedural rules by quoting from an inadmissible report and not disclosing it was unadmitted. The Board adopted the WCJ's report recommending denial based on admitted evidence and the defendant's procedural missteps.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary DisabilityMedical EvidenceQualified Medical EvaluatorPetition for ReconsiderationReport and RecommendationAppeals Board Rule 10842Admitted EvidenceMaterial Evidence
References
Case No. ADJ8706052 ADJ10117581
Regular
Sep 19, 2018

ROMALDO TRUJILLO QUINTERO vs. CHAMBERLAINS FARMS, STAR INSURANCE COMPANY, administered by MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior Findings and Order regarding cumulative trauma injury. The Board found the applicant's cumulative trauma claim presumed compensable due to the employer's failure to deny it within the statutory 90-day period. This presumption could not be rebutted by evidence not obtainable with reasonable diligence within that timeframe, and the WCJ's basis for rebuttal was deemed inadequate. The matter was returned to the trial level for further proceedings consistent with this opinion.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFindings and Orderpermanent disabilityindustrial injurycumulative traumaadministrative law judgeQualified Medical Evaluatorsorthopedic injury
References
Case No. ADJ1774552 (OXN 0142840) ADJ3077412 (OXN 0142839)
Regular
Oct 28, 2008

ROGENE GIANGROSSI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS - CHINO, STATE COMPENSATION INSURANCE FUND

The applicant's petition for removal was denied because the Workers' Compensation Appeals Board found no abuse of discretion by the administrative law judge (WCJ). The WCJ correctly took the case off calendar when the applicant was absent for trial due to relocating out of state, as permitted by board rules. The board also found that the WCJ's order did not prejudice the applicant's right to future discovery or due process.

Petition for RemovalOff CalendarAbuse of DiscretionDue ProcessMandatory Settlement ConferenceDeferred RulingDevelopment of RecordSubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals Board
References
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