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

Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ1679104 (LBO 0387820)
Regular
Aug 26, 2010

GUADALUPE FREGOSO vs. INTEGRAL DESIGN CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of a permanent disability rating for an applicant injured on August 1, 2006. The defendant argued the rating was erroneous because the administrative law judge (WCJ) instructed the disability evaluator to rate the treating physician's report without referencing the AMA Guides. The Appeals Board denied the petition, finding that the WCJ's instructions were based on the physician's opinion, which complied with the AMA Guides, and the evaluator's rating followed those instructions. The Board also corrected a clerical error regarding the attorney fee calculation.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationFindings and Awardtemporary disabilitypermanent disabilityapportionmentnon-industrial causesindustrial injurynecklow back
References
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
Case No. ADJ3673382 (AHM 0084473) ADJ1727200 (AHM 0085831) ADJ4050086 (AHM 0085856) ADJ2402991 (AHM 0085857) ADJ1361609 (AHM 0085858) ADJ700319 (AHM 0085827) ADJ1199908 (AHM 0085828) ADJ2455910 (AHM 0085829) ADJ1533147 (AHM 0085855)
Regular
Jun 19, 2009

DOUGLAS BOULWARE vs. COUNTY OF LOS ANGLES FIRE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to acknowledged errors by the WCJ, including a miscalculation of the applicant's life pension, and procedural issues raised by the defendant regarding service of rating instructions. The case involves multiple injury claims to various body parts over a long period, with complex apportionment issues. The matter is returned to the trial level for new formal rating instructions, proper service, opportunity for cross-examination, and a new decision addressing all contentions.

Workers' Compensation Appeals BoardDouglas BoulwareCounty of Los Angeles Fire DepartmentIntercare Insurance Servicesfirefighterindustrial injuryskinhearingshoulderselbows
References
Case No. ADJ360205 (LBO 0384980)
Regular
Aug 05, 2010

Gurdev Malhotra vs. STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES FAIRVIEW; Legally Uninsured, CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's advisory opinion concerning permanent disability rating for grip loss. Defendant argued the WCJ erred by allowing rating for grip loss when range of motion was present, and that the QME's reports did not support grip loss rating. The Board rescinded the WCJ's findings, remanding the case for further proceedings to ensure the WCJ follows the established process for issuing rating instructions based on substantial medical evidence, as clarified in *Blackledge v. Bank of America*. The ultimate determination of permanent disability requires a proper QME opinion and subsequent rating instructions from the WCJ.

Workers' Compensation Appeals BoardGurdev MalhotraState of California Department of Developmental ServicesLegally UninsuredContract ServicesPermanent Disability RatingGrip LossAMA GuidesQualified Medical EvaluatorQME
References
Case No. ADJ9757215
Regular
Feb 16, 2017

CHRISTOPHER COLLINS vs. SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION

This case involves a Petition for Removal filed by the applicant, Christopher Collins, challenging Formal Rating Instructions. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Removal, clarifying that it is not the proper procedural vehicle for objecting to rating instructions. The WCAB noted that pursuant to Rule 10602, a timely objection must be made directly to the Workers' Compensation Judge. Therefore, the WCAB is remanding the matter to the trial level to have the Petition for Removal treated as a timely objection.

Petition for RemovalFormal Rating InstructionsWorkers' Compensation Appeals BoardWCJObjectionTrial LevelDismissedTimelyRule 10602
References
Case No. ADJ4503926
Regular
Mar 18, 2013

IVAN GALAVIZ vs. HB PARCO CONSTRUCTION, INC., OLD REPUBLIC GENERAL INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant argued that due process was violated, evidence was not adequately discussed, and findings of fact did not support the decision. The Board adopted the WCJ's report, which found the applicant failed to submit timely briefs and objections to rating instructions. The WCJ also determined that the evidence did not support the application of Almarez/Guzman, and the strict application of AMA Guidelines was appropriate.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIEDWCJ REPORTDUE PROCESSEVIDENCEFINDINGS OF FACTOPINION AND DECISIONAMEDEPOSITION
References
Case No. ADJ6630817
Regular
Dec 27, 2010

NADINE WHITEEAGLE vs. CENTRAL RECRIGERATOR SERVICES, GREAT WEST CASUALTY

This case concerns an applicant's shoulder injury resulting in 12% permanent disability. The defendant argued the Permanent Medical Evaluator (PQME) found 0% impairment and objected to the rater's consideration of surgery. However, the Appeals Board affirmed the WCJ's decision, finding the rating instruction was properly based on substantial medical evidence from the PQME's report, which included the applicant's shoulder surgery. The Board also noted the defendant's objection to the rating was untimely.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderPermanent DisabilityPanel Qualified Medical Evaluator (PQME)Whole Person Impairment (WPI)AMA Guides to the Evaluation of Permanent ImpairmentDistal Clavicle ResectionRater InstructionsDEU Rater
References
Case No. STK 0107717
Regular
Dec 10, 2007

KENNETH RIDGWAY vs. B&D CONCRETE, MID CENTURY INSURANCE COMPANY

The Appeals Board granted reconsideration of the trial judge's decision regarding applicant Kenneth Ridgway's workers' compensation claim. The Board deferred the issues of permanent disability and costs for vocational expert testimony, remanding the case for further proceedings. Specifically, the judge must re-evaluate costs in light of a recent en banc decision and issue new rating instructions considering all medical factors, including the applicant's low back condition.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPermanent DisabilityVocational ExpertCostsLabor Code Section 5811Costa v. Hardy DiagnosticQualified Medical EvaluatorRating Instructions
References
Case No. ADJ2566375 (ANA 0382563)
Regular
Dec 21, 2012

JEFFREY FREEMAN vs. CITY OF HUNTINGTON BEACH, ACCLAMATION INSURANCE MANAGEMENT SERVICES

This case involves a fire captain's workers' compensation claim for industrial injuries to his ears, heart, neck, back, and left shoulder/hip. The applicant sought reconsideration of a 76% permanent disability rating, arguing the rating instructions for his left shoulder injury were unclear. The Appeals Board granted reconsideration, deferring the issues of permanent disability and attorney's fees. The matter is returned to the trial level to clarify the medical restrictions for the applicant's left shoulder injury.

Workers' Compensation Appeals BoardFindings Award and OrderPermanent DisabilityReconsiderationAdministrative Law JudgeDisability Evaluation UnitRating InstructionsAgreed Medical EvaluatorOrthopedicLeft Shoulder
References
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