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

Case No. ADJ2582936
Regular
May 20, 2011

MAYRA ENRIQUEZ vs. NOUVEUR DESIGN, INC., EMPLOYER'S COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision to deny compensation for the applicant's claimed psychiatric injury. Applicant, employed for less than six months, argued her injury resulted from a "sudden and extraordinary employment condition." The Board found that catching her hand in a machine was a foreseeable, ordinary risk of her job, not an extraordinary event. Therefore, Labor Code section 3208.3(d), which requires six months of employment for psychiatric injury claims unless caused by an extraordinary condition, barred recovery.

Workers' Compensation Appeals BoardLabor Code section 3208.3(d)extraordinary employment conditionpsychiatric injurysix-month employment requirementsudden and extraordinaryregular and routinemachine operatorindustrial injurypetition for reconsideration
References
Case No. ADJ750155 [LAO 0796356] ADJ3407213 [LAO 0796357]
Regular
Sep 30, 2008

JOSE ORTIZ vs. ALGI MACHINE SHOP, GIOVANNI CORSO aka JUAN M. CORSO, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The WCAB granted petitions for reconsideration, amending prior decisions to defer permanent disability indemnity and clarifying VRMA award, including attorney's fees and credits.

ALGI MACHINE SHOPCIGAFremont Compensation Insurance CompanyLiquidationInsolvent InsurerIndustrially InjuredLeft Upper ExtremityMachine OperatorIllegally UninsuredPermanent Disability Indemnity
References
Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ7945624
Regular
Jun 07, 2013

JUAN SANTA CRUZ vs. MARTIN RUBBER, PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration of its prior decision. The applicant claimed injury from continuous trauma as a machine operator but provided inconsistent testimony regarding lifting weights. The employer's testimony contradicted the applicant's account of his duties and lifting requirements. The Board found the applicant's testimony less credible, affirmed the judge's findings, and denied the petition for reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ ReportcredibilityGarza v.Workmen's Comp. Appeals Bd.industrial injurycontinuous traumamachine operatorPetitioner's Contentionsfraud
References
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
Case No. ADJ4198621 (VNO 0495392)
Regular
Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage
References
Case No. ADJ7138792
Regular
Feb 28, 2011

HILDA BONILLA vs. CAMEO CLEANERS, TOWER SELECT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to reverse a prior finding of industrial psychiatric injury. The WCAB found the applicant's psychiatric injury claim barred by Labor Code section 3208.3(d) because she was employed for less than six months. The Board determined the incident, where an ironing press lowered on the applicant's hand, was not a "sudden and extraordinary employment condition" as required to overcome the six-month rule. This conclusion was based on evidence that burns at a dry cleaner are common and that the machine operated with a single button, increasing the risk of such an injury.

Labor Code 3208.3(d)psychiatric injurysudden and extraordinary eventsix-month employment ruledry cleanerindustrial injuryreconsiderationWCJAppeals Boardoccupational burn
References
Case No. ADJ9813999
Regular
Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE
References
Case No. GRO 024430
Significant
Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption
References
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