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

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. SJO 0245864, SJO 0245865, SJO 0245866
Regular
Jul 14, 2008

ANITA REXINGER vs. ELECTROLUX CORPORATION, WAUSAU INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant waived the jurisdictional argument regarding the Rehabilitation Unit's determination by not raising it at trial. The applicant's arguments regarding the interpretation of *Gamble* were also rejected, though the Board noted a pending Supreme Court review in a similar case that may impact future proceedings.

Workers' Compensation Appeals BoardElectrolux CorporationWausau Insurance CompaniesVocational Rehabilitation Temporary Disability (VRTD)concurrent employmentDetermination of the Rehabilitation UnitLabor Code section 5804Gamble v. Workers' Comp. Appeals Bd.Medrano v. Workers' Comp. Appeals Bd.writ of review
References
Case No. ADJ888335 (MON 0330155)
Regular
Jan 14, 2013

ROY MAYES vs. CITY OF PASADENA

The Workers' Compensation Appeals Board denied the City of Pasadena's petition for reconsideration of a finding that they violated Labor Code section 132a by discriminating against Roy Mayes. The Board found that Mayes' termination shortly after returning from a work-related injury, despite a prior evaluation indicating he met job requirements, constituted evidence of being singled out. Despite the employer's claim of poor performance, the Board deferred to the judge's credibility findings, which found the employer's evidence inconsistent. Therefore, the employer's petition for reconsideration was denied.

Labor Code section 132adiscriminationprobationpoor performanceFindings of FactPetition for ReconsiderationReport and Recommendationprima facie caseaffirmative defenseindustrial injury
References
Case No. ADJ8801352
Regular
Jun 06, 2014

Robert Coon vs. Swift Transportation, Gallagher Bassett Services, Inc.

This case involves a student truck driver attacked while on a dinner break, sustaining severe injuries including partial quadriplegia. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury arose out of and in the course of employment. The Board applied the "commercial traveler" rule and the "personal comfort" doctrine, finding the employee's actions were incidental to his employment. Crucially, the Board determined the attack was a "neutral risk" as there was no evidence of personal motive for the assault.

AOE/COECommercial Traveler RulePersonal Comfort DoctrineNeutral Risk DoctrineThird-Party AssaultUnknown MotiveUnprovoked AttackLong Haul TruckerStudent DriverMentor
References
Case No. ADJ10477247
Regular
Oct 31, 2017

ESTELA WALLE vs. THE PERMANENTE MEDICAL GROUP

Here's a summary of the two cases for a lawyer, in max four sentences each: **Case 1: Estela Walle vs. The Permanente Medical Group (ADJ10477247)** The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's finding that the applicant did not sustain a back injury arising out of and in the course of employment. The Board gave significant weight to the WCJ's credibility determination, finding no substantial evidence to warrant overturning it. Therefore, the applicant was awarded nothing on her claim. **Case 2: Estela Walle vs. The Permanente Medical Group (ADJ8620015, ADJ9183471)** The Appeals Board rescinded the WCJ's award for psychiatric injury and returned the case to the trial level for further proceedings. The Board found the analysis of whether the injury was predominantly caused by employment events, and specifically by lawful, good faith personnel actions, to be inadequate under *Rolda*. Further development of the record is required to clarify the events of May 21, 2012, and to determine the precise causal contribution of employment-related factors versus good faith personnel actions.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderApplicantInjury Arising Out of and In the Course of EmploymentAOE/COEBack InjuryWCJCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.
References
Case No. MON 0316299
Regular
Mar 20, 2008

ROBERT WYATT vs. RALPHS GROCERY COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. Finally, the WCAB ordered a technical correction to the headings of the Workers' Compensation Judge's decision to properly reflect the Appeals Board's authority.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightLiability DeterminationPetition for RemovalSubstantial PrejudiceIrreparable HarmWCJ's ReportJudicial Authority
References
Case No. ADJ4265715
Regular
Jul 14, 2010

ARNIE K. RAGLAND vs. METROPOLITAN PROVISION, ARGONAUT INSURANCE COMPANY

This case involves an applicant seeking retroactive vocational rehabilitation maintenance allowance (VRMA) benefits after the statutory basis for these benefits was repealed. The applicant's entitlement to VRMA from a specific date forward was established by a Rehabilitation Unit Determination that became final before the repeal. The Appeals Board granted reconsideration, rescinded the prior adverse finding, and remanded the case for determination of the specific VRMA amounts due based on that final Determination. Therefore, the applicant's right to VRMA from the date of the final Determination vested before the statute's repeal.

VRMAVocational RehabilitationVested RightLabor Code 139.5RepealRehabilitation UnitDeterminationWorkers' Compensation Appeals BoardIndustrial InjuryPermanent Disability
References
Case No. GRO 0031810
Significant
Nov 13, 2007

JOEY M. COSTA, Applicant vs. HARDY DIAGNOSTIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed its prior holding that parties may present rebuttal evidence to a permanent disability rating, and the costs of such evidence may be allowable under Labor Code section 5811 if reasonable and necessary. The case was returned to the trial level to determine the specific reimbursement for the vocational expert's costs.

PDRSSB 899rebuttal evidencevocational rehabilitation consultantexpert witness feesSection 5811medical-legal costsLabor Code Section 4660permanent disability ratingtestimony
References
Case No. ADJ12394877
Regular
Dec 14, 2020

SABINA RAMOS vs. GLOBAL FOOD SERVICES, FEDERAL INSURANCE

The applicant was injured and subsequently offered modified work within her restrictions, which she initially performed. However, the applicant then abandoned her employment after suitable modified work was provided by the employer. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that she was not entitled to temporary disability indemnity due to job abandonment. This denial is based on legal precedent that an employee may be estopped from claiming temporary disability for periods where they refuse or abandon suitable modified work without good cause.

Modified workAbandonment of workTemporary disability indemnityPetition for reconsiderationCredibility determinationsPrimary treating physicianWork restrictionsLabor Code section 4062EstoppelOdd lot doctrine
References
Case No. ADJ1060696
Regular
Jan 14, 2016

MARIA URIBE RAMOS vs. PATTERSON FROZEN FOODS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY

This case involves an applicant's appeal of Independent Medical Review (IMR) determinations regarding prescription medication refills for Flexeril and Norco. The Workers' Compensation Appeals Board (WCAB) granted the appeal for Flexeril, finding the initial IMR determination was issued in excess of the Administrative Director's powers due to an incomplete medical record. The WCAB affirmed the IMR determination for Norco, agreeing that the record was complete for that medication. A dissenting opinion argued that both IMR determinations for Flexeril and Norco, and an additional IMR determination for clonidine, were flawed and should have been remanded for further review.

Workers' Compensation Appeals BoardIndependent Medical ReviewLabor Code Section 4610.6(h)Plainly Erroneous Finding of FactIncomplete Medical RecordExcess of PowersRemandUtilization ReviewMedical Treatment Utilization ScheduleCompromise and Release
References
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