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

Case No. SJO 0264010
Regular
Feb 11, 2008

CIPRIANO LOMOTAN vs. GE INFRASTUCTURE SECURITY, MATRIX ABSENCE MANAGEMENT SERVICES

In *Lomotan v. GE Infrastructure Security*, the Appeals Board vacated a judge's notice of intention to impose sanctions and a related job analysis order. This decision followed a Commissioner's Conference where the parties reached a compromise and release resolving all issues, including vocational rehabilitation benefits. The Board found no basis for sanctions and determined the job analysis issue was moot due to the settlement.

RemovalAppeals BoardSupplemental OrderSanctionsWCJCommissioner's ConferenceCompromise and ReleaseVocational RehabilitationSupplemental Job Displacement BenefitsJob Analysis
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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. ADJ8024294
Regular
Jun 23, 2015

MICHAEL BULLOCK vs. THE REGENTS OF UNIVERSITY OF RIVERSIDE, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS SERVICES

This case involves Michael Bullock's workers' compensation claim against the Regents of the University of Riverside for cumulative trauma, psyche, and sleep disorders. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding of no industrial injury. The WCJ found Dr. Alice Martinson's report substantial evidence of no industrial causation, as it considered applicant's showering incident at home and a job analysis indicating less demanding duties. The WCJ also excluded Dr. Thomas Jackson's prior report due to procedural delays and found applicant's primary treating physician's opinion unsubstantial due to a failure to review key medical records and the job analysis.

Petition for ReconsiderationDeniedSubstantial Medical EvidenceWCJPQMEPrimary Treating PhysicianIndustrial CausationAOE/COECumulative TraumaJob Analysis
References
Case No. ADJ4638227 (LAO 0848464), ADJ519038 (LAO 0848465)
Regular
Oct 18, 2010

TINA ROBINSON vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award based on the defendant's argument that the applicant's permanent disability rating was incorrect. The Board found the record underdeveloped regarding the applicant's actual job duties as a traffic officer, which is crucial for determining the proper occupational group and variant under the 2005 Schedule. The case is returned to the trial level for further evidence and a new decision on the permanent disability issue.

ADJ4638227ADJ519038CITY OF LOS ANGELESTINA ROBINSONOccupational Group 4902005 Schedule for Rating Permanent Disabilitiesoccupational variantpermanent disability ratingJoint Findings and AwardReconsideration
References
Case No. ADJ8491619 ADJ9586677
Regular
May 17, 2019

Edward GAA vs. Intercare Holdings Insurance, The Hartford

The Workers' Compensation Appeals Board granted applicant's petition for removal, overturning a prior order that denied a rheumatological evaluation. While dismissing the petition for reconsideration, the Board found good cause for an additional QME panel in rheumatology, acknowledging the orthopedic QME's limited expertise in this specialty. The applicant must still attend a re-evaluation with the orthopedic QME, who must review a job analysis.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical Evaluator (QME)Rheumatological evaluationOrthopedic QMECumulative traumaIndustrial injuryMedical-legal issuesBias
References
Case No. ADJ8727421
Regular
Jun 13, 2013

MARY MILLER vs. PUBLIC STORAGE, SEDGWICK CLAIMS MANAGEMENT SERVICE

This case involves a workers' compensation dispute where the defendant, Public Storage, sought removal from a supplemental order requiring further medical evaluations and a job analysis before approving a compromise and release (C&R). The Appeals Board granted the petition, rescinded the order, and returned the case to the trial level. This decision acknowledged significant developments, including an increased settlement offer and the applicant's desire to settle despite ongoing EDD lien issues. The Board emphasized that while settlements must be adequate, the applicant, as an adult, can determine her best interests, but EDD must file its lien details.

Petition for RemovalCompromise and ReleaseQualified Medical EvaluatorSupplemental OrderIndustrial InjuryJob AnalysisRehabilitation CounselorEmployment Development DepartmentState Disability InsuranceLien
References
Case No. ADJ1039908 (RDG 0121430)
Regular
Nov 07, 2008

AYON vs. CLIFF'S AUTO CENTER, Uninsured, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant is entitled to a Job Displacement Voucher. The applicant sustained an industrial injury causing permanent disability and did not return to work for the defendant within 60 days of temporary disability termination. Therefore, the applicant is eligible for a nontransferable voucher of up to $6,000 for educational retraining or skill enhancement, as defined by Labor Code § 4658.5.

Job Displacement VoucherUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilitySupplemental Job Displacement BenefitLabor Code § 4658.5Nontransferable VoucherEducation-Related RetrainingSkill EnhancementVocational Return to Work Counselor
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10713529
Regular
Nov 30, 2017

MARIA SOSA vs. CINTAS CORPORATION, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY OF AMERICA, SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant entitled to temporary total disability. The Board found insufficient evidence regarding applicant's specific job duties and whether they conflicted with the agreed medical evaluator's work restrictions. Therefore, the case is returned to the trial level for further development of the record, specifically for the AME to review a detailed job analysis. This is to determine if applicant could have continued her usual and customary duties but for her termination for cause.

Temporary total disabilityPetition for ReconsiderationFindings and AwardAgreed Medical Evaluator (AME)Work restrictionsTermination for causeJob dutiesFurther proceedingsDevelop the recordModified work
References
Case No. ADJ10548329
Regular
Jan 04, 2019

JOSE CORONA vs. KERN HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration to further examine the factual and legal issues. The applicant sought reconsideration of a prior decision regarding an injury sustained while participating in a federal jobs program. Key issues on appeal include the calculation of temporary and permanent disability, and whether penalties or sanctions were warranted for the employer's actions concerning a job displacement voucher. The WCAB will issue a decision after further review.

Workers' Compensation Appeals BoardJose CoronaKern High School DistrictPetition for ReconsiderationLabor Code §5813Labor Code §5814Supplemental Job Displacement VoucherTemporary DisabilityPermanent DisabilityNational Farmworker Jobs Program
References
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