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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 01, 1978

Claim of Goss v. Hornblower & Weeks

Claimant, a stockbroker, sustained a compensable left knee injury in 1974, leading to surgery and a 10% schedule loss award. Subsequently, the claimant sought to have a right knee injury, sustained in 1975 after being struck by a bicycle while en route to a medical examination for his left knee, deemed a consequential injury. While the referee initially found the right knee injury compensable, the Workers' Compensation Board reversed this decision, concluding that the evidence did not establish a direct and natural link between the industrial left knee injury and the subsequent right knee injury. The appellate court affirmed the Board's determination, citing substantial evidence in the record to support the disallowance of the claim.

Workers' CompensationKnee InjuryConsequential InjurySchedule LossBoard ReversalAffirmationStockbrokerAccidentMedical ExaminationAppellate Review
References
1
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
5
Case No. ADJ506368 (SRO 0132183)
Regular
Feb 04, 2014

Barbara Kangas vs. REDBUD COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM WEST

The Appeals Board rescinded the prior award, finding no compensable consequence injury to the applicant's left knee. While the applicant had an existing award for future medical treatment for her right knee injury, the Agreed Medical Examiner's reports indicated no need for left knee treatment. Crucially, any left knee disability did not manifest within five years of the original injury, precluding a finding of new and further disability. Therefore, the petition to reopen for new and further disability was denied.

Compensable consequence injuryStatute of limitationsReconsiderationFindings Award & OrderAgreed Medical Examiner (AME)Petition to ReopenNew and Further DisabilityMedical treatment awardJurisdictionLabor Code § 4600
References
20
Case No. ADJ9023782
Regular
Sep 20, 2019

REFUGIO PACAS vs. BARON HR. LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied new and further disability for the applicant's November 25, 2012 injury. While the Board found no new disability for the left wrist and lumbar spine, it identified potential new and further disability in the applicant's left knee. The matter is returned for further development of the record, specifically to clarify the applicant's left knee impairment with the agreed medical evaluator. The Board requires clarification on the rating methodology used for the left knee and whether it deviates from the AMA Guides.

Petition to ReopenNew and Further DisabilityStipulated AwardAgreed Medical EvaluatorRange of MotionWhole Person ImpairmentDiagnosis Related EstimateGait DerangementMuscle AtrophyArthritis
References
1
Case No. ADJ12320361
Regular
Feb 18, 2025

LINDA ERNEST vs. TRADER JOE'S, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board considered a Petition for Reconsideration filed by Defendant Trader Joe's, administered by Sedgwick Claims Management Services. The petition challenged the Workers' Compensation Judge's (WCJ) decision dated November 26, 2024, which found that the defendant did not meet its burden of proof regarding apportionment for injuries to the applicant's left hand, left wrist, and left knee. The WCJ's decision awarded 51% permanent disability based on the medical reporting of PQME Michael Slutzker, MD, but only found apportionment for the low back injury. The defendant specifically contended that the WCJ erred in not allowing apportionment for the left knee. The Appeals Board denied the petition, adopting and incorporating the WCJ's report, which concluded that the Qualified Medical Evaluator's (QME) report lacked sufficient explanation and detail to support the proposed apportionment for the left knee, thus failing to meet the defendant's burden of proof.

Workers Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Transmission of CaseElectronic Adjudication Management SystemReport and RecommendationApportionmentPermanent DisabilityCausationQualified Medical Evaluator
References
11
Case No. ADJ1991870
Regular
Sep 07, 2010

TOM DRENNAN vs. SUPERIOR INSPECTION SERVICES, FIREMAN'S FUND INSURANCE COMPANY

This case involves an employer's petition for reconsideration of a WCJ's award finding industrial injury to the applicant's left knee, both hips, and gastrointestinal system as consequential to an admitted right knee injury. The defendant argues that a prior 2005 WCJ decision denying consequential injury to the left knee and hips is res judicata. The Appeals Board granted reconsideration, amending the award to remove the left knee and hip injuries, holding that the 2005 decision was final and the five-year time limit to reopen under Labor Code sections 5410 and 5804 had passed. The finding of consequential injury to the gastrointestinal system and 29% permanent disability remain affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable ConsequencesRes JudicataIndustrial InjuryLeft KneeHipsGastrointestinal SystemPermanent Disability
References
2
Case No. 22108137
Regular Panel Decision
Aug 23, 2023

Matter of Harrell v. Blue Diamond Sheet Metal

The Self-Insured Employer appealed a decision by the Workers' Compensation Law Judge (WCLJ) which established a claim for a consequential left knee injury. The WCLJ's decision also directed reimbursement to the claimant for out-of-pocket medical expenses related to the left knee. The Board Panel, after reviewing the evidence, found no reason to disturb the WCLJ's findings regarding the consequential left knee injury. The Board Panel also affirmed the WCLJ's directive for reimbursement of medical expenses. Therefore, the WCLJ's decision was affirmed.

consequential injuryleft knee injuryout-of-pocket medical expensesWCLJ decisionBoard Panelself-insured employerreimbursementmedical treatment
References
0
Case No. ADJ7028736
Regular
Sep 25, 2014

KIRK CHRISTENSEN vs. ILLINOIS TOOL WORKS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE SERVICES, INC.

The Appeals Board granted removal, rescinded the WCJ's decision, and ordered the defendant to authorize left knee surgery. This was based on the finding that the defendant failed to timely object to Dr. Greenfield's December 20, 2013 report and Request for Authorization, which implicitly determined the left knee injury was industrial. The Board found that the defendant's failure to object within statutory deadlines precluded them from contesting causation. Commissioner Lowe dissented, arguing Dr. Greenfield's reports did not explicitly link the left knee injury to the industrial incident.

Workers' Compensation Appeals BoardReconsiderationRemovalLabor Code section 4062(a)Petition for ReconsiderationPetition for RemovalFindings and OrderPrimary Treating PhysicianReportsObjections
References
10
Case No. ADJ7006877
Regular
Jul 22, 2014

JANET PARKER vs. COSTCO WHOLESALE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's petition to remove an order limiting discovery subpoenas. The defendant sought medical records related to the applicant's spine, left knee, hernia, pain syndrome, arthritis, and obesity, arguing relevance to claimed injuries. The applicant agreed to include left knee records but not other potentially unrelated conditions. The Appeals Board granted the petition, amended the order to include left knee records, and allowed parties twenty days to reach an informal agreement on other records, otherwise returning the matter to the trial level.

Petition for RemovalOrder Limiting Subpoenas Duces TecumSutter Regional Medical FoundationBay Spine Medical Associatesspineleft kneeherniapain syndromearthritisobesity
References
0
Case No. ADJ8336436
Regular
Mar 25, 2016

CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Carmen Navarro's petition for reconsideration. Navarro sought to establish her right knee injury as a compensable consequence of a prior admitted left knee injury. The WCJ's report, adopted by the WCAB, found the right knee injury to be non-industrial. Medical evidence, particularly from QME Dr. Williamson, indicated the right knee pain arose independently in August 2013, distinct from the earlier left knee injury and treatment period. The Board specifically rejected any consideration of "rashly undertaken" activity as irrelevant to the legal analysis.

WCABPetition for ReconsiderationWorkers' Compensation Appeals BoardVenice Community Housing CorporationAthens AdministratorsADJ8336436Los Angeles District OfficeWCJcompensable consequenceleft knee injury
References
1
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