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

Case No. ADJ4452274 (RIV 0073355)
Regular
Nov 29, 2010

JOHN MCCOY vs. COUNTY OF SAN BERNARDINO, PSD CHILD; COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in applying the good faith personnel action defense to the applicant's migraine headaches. While the WCJ correctly denied the psychiatric injury claim under Labor Code section 3208.3(h), the Board determined this defense does not bar compensation for temporary disability or medical treatment caused by the industrially-related migraines. The case is remanded for further proceedings to award benefits for the applicant's migraines as supported by the Agreed Medical Evaluator's findings.

Workers' Compensation Appeals BoardGood Faith Personnel Action DefenseLabor Code Section 3208.3(h)Agreed Medical EvaluatorMigraine HeadachesPsychiatric InjuryIndustrial RelationTemporary Total DisabilityCompensable PeriodMedical Treatment
References
1
Case No. MISSING
Regular Panel Decision
Sep 29, 2014

Hairston v. Commissioner of Social Security

Denise M. Hairston, on behalf of her minor daughter S.N., sought judicial review of a final decision by the Commissioner of the Social Security Administration, which denied S.N.'s application for Supplemental Security Income (SSI) benefits. S.N. alleged disability due to various impairments, including migraine headaches, obesity, impulse control disorder NOS, and depressive disorder NOS, leading to functional limitations. The Administrative Law Judge (ALJ) found that S.N.'s impairments were severe but did not meet or medically equal a listed impairment, and functionally equaled only a "marked" limitation in the "caring for yourself" domain, thus denying benefits. The United States Magistrate Judge Frank Maas denied the Commissioner's motion for judgment on the pleadings, concluding that the ALJ's finding regarding S.N.'s health and physical well-being domain did not withstand scrutiny and required further fact-finding regarding the frequency and intensity of her migraines. The case was remanded to the Commissioner for further proceedings, including obtaining additional school and medical records, and ensuring the claimant's understanding and waiver of the right to counsel.

Social Security BenefitsSupplemental Security Income (SSI)Child DisabilityDepressive Disorder NOSMigraine DisorderObesityFunctional ImpairmentAdministrative Law Judge (ALJ)Judicial ReviewRemand Order
References
34
Case No. MISSING
Regular Panel Decision
Nov 09, 2016

Kollmer v. Jackson Tennessee Hospital Co., LLC

Denise Kollmer sued Regional Hospital of Jackson for employment discrimination under the Americans with Disabilities Act (ADA), alleging wrongful termination after a drug test. Kollmer claimed her prescribed medication (Fioricet, containing butalbital) caused a false positive for phenobarbital, which she denied ingesting. She also argued the drug test constituted an illegal medical examination under the ADA. The court granted the defendant's motion for summary judgment, ruling that Kollmer failed to establish a prima facie case for disability discrimination or failure to accommodate because she could not show the employer knew of her alleged disability (migraine headaches) prior to the termination decision. The court also rejected the illegal medical examination claim as improperly raised at the summary judgment stage.

Employment DiscriminationAmericans with Disabilities ActADASummary JudgmentDrug TestingFalse PositivePhenobarbitalButalbitalMedical ExaminationDisability Discrimination
References
17
Case No. MISSING
Regular Panel Decision

Deshotel v. Berryhill

This case reviews an Administrative Law Judge's (ALJ) decision regarding a plaintiff's Social Security disability benefits claim. The ALJ had determined that the plaintiff suffered from severe impairments, including migraine headaches, anxiety, depression, hand numbness, and fibromyalgia, and had the residual functional capacity (RFC) to perform sedentary work. However, the Court found that the ALJ erred by assessing the impact of the plaintiff's depression and anxiety on her RFC without the benefit of medical opinion evidence, thus rendering the administrative record incomplete. Despite the Commissioner's argument that the impairments were minor, the Court emphasized that the ALJ's own finding of "severe" impairments necessitated further development of the record, including obtaining medical opinions. Consequently, the Court granted the plaintiff's motion for judgment on the pleadings, denied the Commissioner's cross-motion, reversed the Commissioner's decision, and remanded the case for additional administrative proceedings to gather the necessary medical opinion evidence concerning the plaintiff's mental limitations.

Social Security ActDisability BenefitsAdministrative Law JudgeResidual Functional CapacityMedical Opinion EvidenceMental ImpairmentsDepressionAnxietyRemandSubstantial Evidence
References
12
Case No. GRO 0029797
Regular
Dec 21, 2007

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration to further develop the medical record regarding applicant's headaches. While the applicant's injury to her neck and right shoulder was affirmed, the WCJ's denial of injury to bilateral upper extremities and headaches was modified. The case is remanded for further proceedings specifically on the industrial causation of the applicant's headaches.

Workers' Compensation Appeals BoardMarlena MooreAlbertsonsSpecialty Risk ServicesGRO 0029797Opinion and Order Granting ReconsiderationIndustrial InjuryNeck InjuryRight Shoulder InjuryBilateral Upper Extremities
References
4
Case No. Docket No. 2019-03-0016; State File No. 30371-2018
Regular Panel Decision
Oct 28, 2019

Smith, Braxton v. Galloway Construction, LLC.

The employee, Braxton Smith, was injured when a pole struck his back and head, leading to back pain and headaches. While the employer, Galloway Construction, LLC, provided treatment for his back injury, they disputed the causal relationship of his headaches to the work accident. The trial court ruled in favor of the employee, ordering a panel of neurologists for his headaches. The Appeals Board affirmed this decision, finding that the employee would likely prevail at trial in establishing his entitlement to the requested medical evaluation.

Workers' Compensation AppealsHead InjuryBack InjuryCausation DisputeMedical EvaluationNeurology ReferralExpert Medical OpinionAdmissibility of EvidenceTrial Court DiscretionExpedited Hearing
References
6
Case No. ADJ14336798
Regular
Oct 20, 2025

NADESH MOFOR vs. CA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND MCO, STATE EMPLOYEES SACRAMENTO

Defendant sought reconsideration of a July 23, 2025 Finding of Fact and Award (F&A) concerning applicant Nadesh Mofor's permanent disability for headaches and a temporary total disability (TTD) overpayment credit. Defendant contended its due process rights were violated due to the F&A issuing before its post-trial brief was considered, that the medical evidence for headaches was insubstantial, and that it was entitled to TTD overpayment credit. The Appeals Board granted reconsideration solely to correct the stipulated period of temporary disability from April 11, 2022, to June 2, 2022, and otherwise affirmed the F&A, concluding that the medical evidence for headaches was substantial and the denial of TTD overpayment credit was within the WCJ's discretion.

WORKERS' COMPENSATION APPEALS BOARDNADESH MOFORCA DEPARTMENT OF CORRECTIONSSTATE COMPENSATION INSURANCE FUNDADJUDICATION NUMBERSOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONFINDING OF FACT AND AWARDPERMANENT DISABILITYAPPORTIONMENTTEMPORARY TOTAL DISABILITY OVERPAYMENT
References
9
Case No. ADJ6875600
Regular
Aug 11, 2014

SHARON WALTER vs. INTERNATIONAL CAPITAL GROUP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, returning the case for further proceedings. Applicant disputed findings regarding psychic injury, headaches, and permanent disability, arguing that post-injury employment should be considered and medical evidence of headaches was overlooked. The WCJ's report recommended granting the petition and further proceedings are now ordered.

Petition for ReconsiderationFindings Award and Orderindustrial injurytemporary disabilitypermanent disabilitypsycheheadachespost injury employmentLabor Code section 4658(d)(2)permanent total disability
References
0
Case No. ADJ204379 (SBR 0326740)
Regular
Nov 23, 2016

ROBERT DIEHL vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that the applicant failed to prove injury to his psyche and headaches. The Board found the petition timely due to a substantial amendment to the applicant's permanent disability rating in the original award. However, the medical evidence presented by the applicant was insufficient to establish industrial causation for his headaches. Furthermore, the Board declined to order further development of the record, as discovery had closed prior to the mandatory settlement conference.

Petition for ReconsiderationAmended Findings AwardBurden of ProofIndustrial CausationHeadachesPermanent DisabilityTimeliness of PetitionJudicial FunctionSubstantial Material ChangeLabor Code Section 5903
References
8
Case No. ADJ218867
Regular
Apr 13, 2011

SANDY FRIZZELL vs. DEPARTMENT OF PARKS AND RECREATION, CHARTIS COSTA MESA, SCIF STATE EMPLOYEES SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Sandy Frizzell's claim against the Department of Parks and Recreation. The petitioner, State Compensation Insurance Fund, contested the 17% disability rating assigned for Ms. Frizzell's headaches, arguing it was improperly calculated. The Board adopted the administrative law judge's report, which found the rating expert's testimony credible and unimpeached. The judge's report explained that the rating appropriately reflected the intermittent nature of the headaches, as testified by the expert.

Workers' Compensation Appeals BoardReconsideration DeniedRating Expert TestimonyUnimpeached TestimonyCredible TestimonyLyme DiseaseContinuing TraumaState Compensation Insurance FundResource EcologistDisability Evaluation Specialist
References
4
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