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Case Law Database

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

Case No. ADJ4393668 (LBO 0387479)
Regular
Feb 10, 2011

Elodia Lopez vs. BCBG MAXAZRIA, ARGONAUT INSURANCE COMPANY

This case involves Elodia Lopez's appeal of a Workers' Compensation Appeals Board (WCAB) decision regarding her left upper extremity injury. The WCAB granted reconsideration to amend a finding regarding the need for further medical treatment to the applicant's left shoulder, finding her treating physician's opinion better reasoned than the panel QME's. The Board otherwise affirmed the decision but issued a notice of intention to assess sanctions against applicant's counsel for failing to properly cite evidence, violating procedural rules.

Workers Compensation Appeals BoardPetition for ReconsiderationSecond Amended Findings and AwardApplicantDefendantIndustrial InjuryLeft Upper ExtremityTemporary Total DisabilityPermanent DisabilityFurther Medical Treatment
References
Case No. ADJ1479332 (LBO 0371232) ADJ2273080 (LBO 0371234)
Regular
Jul 30, 2009

DINORA GUEVARA vs. BRENTWOOD COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY

In this workers' compensation case, the applicant sought reconsideration of a decision regarding her left wrist injury. While the applicant did not dispute a finding of no industrial injury to her left upper extremity and shoulder, she contested the $5\%$ permanent disability awarded for her wrist injury. The administrative law judge initially agreed there was an error, suggesting a $4\%$ rating was appropriate, but the Appeals Board found that correcting the permanent disability rating involved a judicial function. Therefore, the Board rescinded the original decision and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Upper ExtremityLeft ShoulderLeft WristPermanent DisabilityReconsiderationFindings and AwardAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ1950726 (MON 0361748), ADJ6963803, ADJ7198723
Regular
Mar 20, 2012

DANA BURREL vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In three workers' compensation cases, the applicant sustained industrial injuries to her upper extremities on May 21, 2006, March 11, 2008, and July 28, 2008. The Appeals Board granted reconsideration to review the application of Labor Code section 4658(d)(2), which mandates a 15% increase in permanent disability payments when an employer fails to offer suitable work within 60 days of an injury becoming permanent and stationary. The employer stipulated to providing some medical treatment and returning the applicant to work, but failed to offer regular, modified, or alternative work for 12 months post-injury. The Board found the employer's contention of denial unsubstantiated by evidence and, following *Bontempo v. Workers' Comp. Appeals Bd.*, ruled that the 15% increase applies to all three cases.

Labor Code section 4658(d)(2)permanent disability increaseindustrial injuryright upper extremityright handright wristright shoulderright armleft wristleft hand
References
Case No. ADJ8797878
Regular
Jun 02, 2015

Robert Quesada vs. CITY OF ALHAMBRA

This case involves a City of Alhambra police officer, Robert Quesada, who sustained an industrial injury to his left elbow and upper extremity. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address errors in the original Findings and Award. Specifically, the WCAB corrected the date of injury to December 13, 2011, and amended the award to reflect a stipulated 15% decrease, not an increase, in permanent disability payments after July 31, 2013. The WCAB otherwise affirmed the original award, including the 29% permanent disability rating.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPolice OfficerIndustrial InjuryLeft ElbowLeft Upper ExtremityPermanent DisabilityAttorneys FeesModified Work
References
Case No. ADJ3481462 (OAK 0297878)
Regular
Sep 24, 2009

KATHRYN MILLS vs. BERKELEY UNIFIED SCHOOL DISTRICT, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of an award finding industrial injury to the applicant's left upper extremity and shoulder, causing temporary disability and need for further medical care. The applicant's treating physician, Dr. Nolan, provided opinions regarding her left shoulder and other body parts, while Dr. Cabayan also provided opinions on the left shoulder and other extremities. The Workers' Compensation Appeals Board granted reconsideration and amended the award, clarifying that future medical care is consistent with Dr. Cabayan's opinions for the left shoulder and Dr. Nolan's opinions for other body parts. The Board affirmed the award with this specific amendment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryInstructional AssistantLeft Upper ExtremityCompensable ConsequenceTemporary DisabilityFurther Medical CareSubstantial Evidence
References
Case No. ADJ15099173
Regular
Jan 17, 2023

GAIL MATTHEWS vs. SUTTER HEALTH SYSTEM OFFICE, SUTTER HEALTH SACRAMENTO

The Workers' Compensation Appeals Board affirmed the trial judge's findings of fact. The defendant sought reconsideration, arguing the trial judge erred by not determining a date of injury under Labor Code §5412 for a cumulative trauma claim. However, the Board found the defendant failed to raise this issue at trial and stipulated to the employment period. The Board clarified that Labor Code §5412 defines the date of injury, not the definition of cumulative trauma itself.

Workers' Compensation Appeals BoardReconsiderationCumulative traumaDate of injuryLabor Code 5412Labor Code 3208.1Medical treatmentPermanent disabilityPQMEDr. Sclafani
References
Case No. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
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
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