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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. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ1943752
Regular
Nov 09, 2009

ROSA VERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The WCJ's finding regarding the need for further medical treatment related to applicant's back is not justified by substantial medical evidence. Reconsideration is granted, the prior decision is rescinded, and the matter is returned to the WCJ for a new permanent disability rating.

Workers' Compensation Appeals BoardRosa VeraLos Angeles Unified School DistrictADJ1943752ReconsiderationFindings and AwardPermanent DisabilityMedical TreatmentLabor Code Section 5313Qualified Medical Evaluator
References
Case No. ADJ2750886 (VNO 0423874)
Regular
Apr 01, 2011

ROSALIND PRESS vs. LOS ANGELES UNIFIED SCHOOL DISCTRICT, Permissibly Self-Insured, administered by SEDGWICK CMS

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Award, finding the applicant sustained industrial injury resulting in psychosomatic disorder. The Board noted the WCJ's decision heavily relied on applicant's credibility, but crucial evidence, the April 13, 2010 Minutes of Hearing, was missing from the record. The matter was returned to the trial level for further proceedings and a new decision to ensure a complete record for review. Removal was denied as reconsideration provided an adequate remedy.

Workers' Compensation Appeals BoardRosalind PressLos Angeles Unified School DistrictSEDGWICK CMSADJ2750886VNO 0423874Opinion and Order Denying RemovalGranting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ6655702
Regular
Mar 18, 2010

GERICK CATUGDA vs. WINKLEBLACK CONSTRUCTION, CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES

This case concerns whether the "going and coming rule" bars applicant's workers' compensation claim for injuries sustained during his commute. The defendant argued the rule applied, but the Workers' Compensation Appeals Board denied their petition for reconsideration. The Board adopted the WCJ's finding that the applicant's employment required him to have transportation for multiple job sites, creating an exception to the rule. This decision aligns with established precedent, where transportation necessity for the employer's benefit removes the commute from the rule's exclusion.

Going and coming ruleindustrial injuryconstruction laborerhead injurybrain injurypsyche injuryspine injuryribs injurypelvis injuryarms injury
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ2849802 (MON 0335685) ADJ2615302 (MON 0335686)
Regular
Dec 07, 2012

FEDERICO PARDO vs. FELIX MANUFACTURING COMPANY, INC., VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

This case involves a worker injured in an industrial eye injury who also claims psychological injury and a consequential shoulder injury. The Appeals Board granted reconsideration to address the employer's challenge to the psychological injury finding, agreeing that the medical evidence for it was not substantial. The Board also noted that the award for reimbursement to EDD requires clarification due to the potential reduction in permanent disability. The matter is returned to the trial judge for further proceedings and a new final decision on these issues.

Workers' Compensation Appeals BoardFelix Manufacturing CompanyVirginia Surety CompanyApplied Risk ServicesFederico Pardoforklift operatorindustrial injuryleft eye injurypsyche injurycompensable consequence injury
References
Case No. ADJ10829802
Regular
Apr 26, 2019

Antonio Corona vs. Custom Pipe & Coupling Company, Inc., The Hartford, Insurance Company of the West

The Workers' Compensation Appeals Board granted reconsideration to clarify findings regarding applicant Antonio Corona's industrial injury. The Board substituted new findings, confirming injury to his thoracic spine, lumbar spine, left shoulder, bilateral wrists, bilateral hands, and left knee, and held the claim was not barred by the post-termination defense. The Board awarded temporary total disability from April 25, 2017, through June 8, 2017, and permanent disability at 18%, returning the matter to the trial level to resolve issues of average weekly wage, additional temporary disability periods, and an EDD lien. The Board adopted the WCJ's report, particularly regarding the credibility of the applicant's treating physician and the absence of substantial evidence to support the defense's arguments.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMachine OperatorThoracic Spine InjuryLumbar Spine InjuryLeft Shoulder InjuryBilateral Wrists InjuryBilateral Hands InjuryLeft Knee Injury
References
Case No. ADJ845459 (SRO 0087571) ADJ4607755 (SRO 0087572) ADJ4057511 (SRO 0090061) ADJ2403634 (SRO 0097619)
Regular
Aug 20, 2009

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's findings on industrial injuries to the applicant's left knee, both knees, low back, and left hand, resulting in temporary and permanent disability awards. The Board deferred the issue of attorney's fees due to the applicant's counsel's failure to provide required notice to the applicant, remanding this to the trial level for further proceedings. The applicant's contention that permanent disability should have been found for vertigo, tinnitus, and hearing loss, and that the record should be further developed on these issues, was not addressed in the decision, but the WCJ's report recommending an increase in attorney's fees was incorporated. The employer is admonished to withhold the equivalent of a 15% attorney's fee from the applicant's award pending further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver
References
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