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

Case No. ADJ12294911
Regular
Apr 14, 2025

KHADIJAH BROWN vs. REGINALD AJAKWE, MD, RAYMOND TATEVOSSIAN, MD, MID-CENTURY INSURANCE COMPANY

Applicant Khadijah Brown sought reconsideration of a WCJ's decision that she did not sustain a psychiatric injury arising out of and occurring in the course of employment (AOE/COE) and that a good faith personnel action defense was established. The Appeals Board granted reconsideration, finding that the WCJ erroneously concluded applicant did not sustain injury to her psyche AOE/COE and failed to recognize objective evidence of harassment. The Board rescinded the original findings and substituted new findings, determining that applicant did sustain injury to her psyche AOE/COE and that this injury resulted from actual events of employment. The issue of the defendant's good faith personnel action defense was deferred for further proceedings.

AOE/COEpsychiatric injuryLabor Code Section 3208.3(b)(1)actual events of employmentharassmentgood faith personnel actionVerga v. Workers' Comp. Appeals Bd.racial epithetsuspensiontermination
References
8
Case No. ADJ10810340
Regular
Jan 04, 2018

DUSTIN RAMIREZ vs. VIASYSTEMS/TTM TECHNOLOGIES, TRAVELERS PROPERTY AND CASUALTY

This case concerns a Petition for Reconsideration by the defendant, Viasystems/TTM Technologies, challenging a Workers' Compensation Judge's (WCJ) findings. The WCJ's decision addressed statute of limitations, lack of prejudice, and date of injury, but not the ultimate issue of whether the applicant's injury arose out of and in the course of employment (AOE/COE). The Appeals Board denied the petition because it was filed from an interlocutory order, not a final decision on AOE/COE. While the Board agreed that the WCJ's findings on the statute of limitations, notice, and date of injury were appealable, it ultimately denied reconsideration based on the WCJ's report, which found that the record required further development on the crucial AOE/COE issue.

WCABPetition for ReconsiderationDenying PetitionWCJ ReportFinal OrderSubstantive RightsThreshold IssueStatute of LimitationsLabor Code Section 5405Date of Injury
References
8
Case No. ADJ2010922
Regular
Sep 07, 2010

MICHAEL ROSADO vs. KJM ELECTRONIC WORKS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's finding of industrial injury AOE/COE due to lack of substantial evidence. Key issues include a deficient record, absence of a medical-legal report connecting the injury to employment, and significant inconsistencies in the applicant's testimony regarding the date of injury, treatment, and the mechanism of injury. The case is remanded for further proceedings and a new decision by the WCJ, emphasizing the applicant's burden to prove injury AOE/COE.

AOE/COEsubstantial evidencereconsiderationrescindedreturn to trial levelburden of proofmedical-legal reportcredibilitymechanism of injuryindustrial injury
References
7
Case No. ADJ6751788
Regular
Aug 16, 2010

MOISES ROBLES GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury for applicant Moises Robles Garcia. Defendant Able Building Maintenance argued the applicant failed to prove injury arising out of and occurring in the course of employment (AOE/COE) and raised affirmative defenses of intoxication and material deviation. The Board rescinded the original decision and returned the case to the trial level for further proceedings, specifically to determine AOE/COE and consider the applicant's credibility and deposition transcripts. The WCJ must now make a determination on AOE/COE and potentially other defenses.

AOE/COEintoxication defensematerial deviationexcluded evidencedeposition transcriptswitness demeanorcredibilitypreponderance of the evidencecausal connectionrational incident of work
References
6
Case No. LBO 371891
Regular
Mar 03, 2009

ANNA GUTIERREZ vs. CEDARS-SINAI HEALTH SYSTEM

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's finding of injury AOE/COE, holding that the applicant failed to prove her injury arose out of and in the course of employment. The Board found no substantial evidence supported an AOE/COE injury, distinguishing defendant's denial letter as an acknowledgment of an accident, not an admission of industrial injury. The issue of medical/legal charges was deferred for further proceedings.

Workers Compensation Appeals BoardAnna GutierrezCedars-Sinai Health SystemFindings and AwardCompromise and ReleaseThomas FindingAOE/COElien claimantAndalib Chiropracticmedical treatment
References
4
Case No. ADJ9163440
Regular
Oct 05, 2015

INOCENCIO PEDROSA vs. KAISER FOUNDATION HEALTH PLAN

This case concerns a workers' compensation claim where the applicant alleged injury to his right ankle and cervical spine from operating a pallet jack. The defendant disputed the injury AOE/COE, primarily citing surveillance footage and alleged inconsistencies in applicant's testimony. The WCJ found injury AOE/COE based on Dr. Sadler's report, which interpreted the surveillance video as confirming applicant's head hitting a wall, despite the WCJ finding Dr. Sadler's report not substantial due to his failure to consider prior injuries. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further development of the record, finding no substantial evidence to support the injury finding. Additionally, defense counsel was admonished for improperly submitting extraneous documents with the Petition for Reconsideration.

AOE/COEPetition for ReconsiderationWCJsubstantial evidencecredible witnesssurveillance footagedeposition testimonyprimary treating physicianpanel qualified medical examinersupplemental report
References
7
Case No. ADJ9056626
Regular
Apr 16, 2014

MARIA CALDERON, MARIA DELMI CALDERON vs. DANIEL TARVER, SUTTER INSURANCE COMPANY

This case involves Maria Calderon's workers' compensation claim for an injury sustained as a housekeeper. The applicant alleged a head injury when a glass table shattered, causing her to slip and fall on a patio. The defendant sought reconsideration, arguing the evidence did not support the finding of injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's credibility determination and finding of injury AOE/COE. The Board gave great weight to the ALJ's finding that the applicant was a credible witness despite minor discrepancies in the record.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeAOE/COECredibility FindingPetition DenialEmployer NegligenceMedical TreatmentHoly Cross Medical CenterOliveview Medical Center
References
4
Case No. ADJ13002649, ADJ13002697
Regular
Oct 20, 2025

LORENZO TORRES vs. KOOS MANUFACTURING COMPANY, INC.; SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration of a Joint Findings and Award (F&A) issued on July 21, 2025. The F&A, authored by a Workers' Compensation Judge, found that applicant Lorenzo Torres sustained injuries arising out of and in the course of employment (AOE/COE) to his lumbar spine and psyche (ADJ13002649), with the psychological injury not precluded by a good faith personnel action defense, resulting in temporary partial disability and 14% permanent disability to the lumbar spine. Additionally, applicant sustained AOE/COE injuries to his right and left shoulders (ADJ13002697), leading to 3% and 4% permanent disability respectively. Defendant challenged these findings, arguing insufficient evidence for the psyche injury, unjustified temporary partial disability, a lower lumbar spine impairment, and no industrial shoulder injury. The Appeals Board reviewed the matter, including the WCJ's Report and Recommendation, and found the WCJ's conclusions to be supported by substantial evidence. Consequently, the Board affirmed the original F&A and denied the reconsideration petition.

AOE/COEGood Faith Personnel Action DefensePsychological InjuryLumbar Spine InjuryShoulder InjuryTemporary Partial DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorSubstantial Evidence
References
11
Case No. ADJ13261327
Regular
Sep 19, 2025

KEVIN SARIAN vs. CITY OF GLENDALE, ADMINSURE

Applicant Kevin Sarian, a senior library supervisor for the City of Glendale, sustained injuries after slipping and falling while returning from an off-premises meal break during which he discussed personnel issues with a co-worker. The Workers' Compensation Administrative Law Judge (WCJ) initially found the injury arose out of and occurred in the course of employment (AOE/COE). The defendant, City of Glendale, petitioned for reconsideration, arguing the applicant was not providing a benefit to his employer at the time of injury. The Appeals Board granted the petition for reconsideration, finding the discussions constituted a benefit to the employer and that the injury was AOE/COE, and thus affirmed the WCJ's Findings of Fact and Orders with an amendment to Finding 2.

AOE/COELabor Code section 3600(a)(2)Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportSalaried EmployeePersonnel IssuesLibrary SupervisorMeal Break
References
11
Case No. ADJ10065069
Regular
May 16, 2018

MARCIA FARRAR vs. STATE OF CALIFORNIA, UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of injury arising out of and occurring in the course of employment (AOE/COE) to the applicant's right upper extremity. Defendant argued that no evidence supported injury to other alleged body parts and that the WCJ should have made findings on those parts instead of deferring the issue. The WCAB denied reconsideration, affirming the WCJ's decision to limit the trial to the threshold issue of right upper extremity injury AOE/COE. The WCAB found Dr. Amster's opinion constituted substantial evidence for the right upper extremity injury and that the WCJ acted within their authority by deferring other issues.

Workers' Compensation Appeals BoardAOE/COEQualified Medical ExaminerReconsiderationCumulative TraumaRepetitive Strain InjuryPreexisting ConditionAggravationContributing CauseMandatory Settlement Conference
References
7
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