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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. SAC 256953, SAC 256954, SAC 256955
Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

This case involves cross-petitions for reconsideration concerning an applicant's workers' compensation claims for upper back/neck, low back, and upper extremity injuries sustained as an airport shuttle driver. The Appeals Board granted both applicant's and defendant's petitions, largely affirming the WCJ's findings but amending several clerical and factual errors. Key amendments include correcting defendant identification, clarifying stipulation regarding the low back injury, adjusting attorney fees and liens, and crediting EDD payments against temporary disability indemnity.

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7547124
Regular
Mar 27, 2017

JORGE VENCES vs. BORBON INC, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying a low back injury claim. The Board found that the Agreed Medical Examiner's deposition testimony, acknowledging a probable contribution of continuous work to the applicant's low back condition, constituted substantial evidence of injury arising out of and occurring in the course of employment. Consequently, the prior findings were rescinded, and a new finding establishing injury AOE/COE to the applicant's low back was substituted. All other issues were deferred.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeCumulative Trauma InjuryAgreed Medical ExaminerSubstantial EvidenceAOE/COEInjury to Low BackAggravation of Preexisting Condition
References
Case No. ADJ8883423; ADJ11327965
Regular
Feb 21, 2023

MICKEY THORNTON vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION, ALASKA NATIONAL INSURANCE COMPANY, LASSEN MUNICIPAL UTILITY DISTRICT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the finding of "new and further disability" to the applicant's low back stemming from a 2013 cervical spine injury. The Board found the current medical evidence insufficient to establish a causal link between the 2013 injury and the low back condition. Therefore, the issue of new and further low back disability is deferred for further development of the record with substantial medical evidence. The Board stressed its duty to ensure substantial justice by not leaving undeveloped matters.

New and further disabilityReconsiderationStipulated awardAgreed medical evaluatorSubstantial evidenceMedical opinionRecord developmentCervical spineLow back injuryApportionment
References
Case No. ADJ9176582
Regular
Feb 21, 2020

MARIA MORENO vs. GARROUTTE FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury to her left shoulder, left wrist, left hip, and low back, causing temporary and permanent disability. While the Board denied the defendant's petition regarding the low back injury and temporary disability, it deferred the issue of the permanent disability rating. This deferral includes a potential increase to the whole person impairment for pain, which will be determined at the trial level after further hearing. The Board confirmed an award for additional temporary total disability and further medical treatment.

ADJ9176582Petition for ReconsiderationFindings Award and OrderIndustrial InjuryLeft ShoulderLeft WristLeft HipLow BackTemporary DisabilityPermanent Disability
References
Case No. RIV 42174
Regular
Jul 20, 2007

VICTOR LOPEZ vs. DOANE'S PET CARE, ROYAL SUNALLIANCE INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error regarding the temporary disability period. While affirming the finding of industrial injury to the back, leg, and psyche resulting in 86% permanent disability, the Board amended the temporary disability period to commence August 2, 2001, aligning it with the date of injury. The Board specifically noted they would not adopt the WCJ's comment regarding improper fax filing of the petition for reconsideration.

Victim LopezDoane's Pet CareRoyal Sunalliance Insurance Co.RIV 42174Petition for ReconsiderationFindings and Awardindustrial injurybackright legpsyche
References
Case No. ADJ8286558
Regular
Oct 22, 2014

GENE CRISP vs. BEHAVIORAL HEALTH SERVICES, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the administrative law judge's order that took the case off calendar. The defendant argued that prior settled claims, involving low back injuries, did not need to be retried. The Board agreed that the prior cases' medical records are relevant to the current low back injury claim. The matter is returned to the trial level for reassignment and further proceedings.

Petition for RemovalStipulated AwardCumulative TraumaIndustrial InjuryQualified Medical EvaluatorPanel QMERescind OrderReset for TrialWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ7924562
Regular
Sep 19, 2014

RAUL HERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The applicant sought reconsideration of a WCJ decision that found an industrial injury to the low back but not the cervical spine or left ankle, with no permanent disability or further medical treatment. The applicant argued the QME's reports were insubstantial and that prior permanent disability was not considered. The Appeals Board granted reconsideration to amend the original award to include injury to the cervical spine, affirming the remainder of the decision. Therefore, the applicant sustained injury to his low back and cervical spine.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryCervical Spine InjuryPermanent DisabilityFurther Medical TreatmentPanel Qualified Medical EvaluatorLabor Code Section 4664(b)
References
Case No. ADJ2275744
Regular
Mar 28, 2011

LARRY COLE vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

In *Cole v. Los Angeles County Metropolitan Transportation Authority*, the Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a favorable award for the applicant. The Board affirmed the finding of industrial injury to the applicant's low back and psyche, resulting in a 78% permanent disability rating. The defendant's objections regarding the admissibility of psychiatric reports and apportionment of disability were rejected, with the Board finding the defendant waived the admissibility issue by failing to object at trial. The Board also held the defendant failed to meet its burden of proof for apportionment regarding both psyche and low back disability.

ADJ2275744MON 0298527Larry ColeLos Angeles County Metropolitan Transportation AuthorityTravelers Insurance CompanyreconsiderationFindings of Fact & Awardindustrial injurylow back injurypsyche injury
References
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