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

Case No. ADJ2972614 (VNO 0551694) ADJ3199572 (VNO 0558860)
Regular
Jan 31, 2012

ALI POURFARZAD vs. PALMIRA ASSOCIATES, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves an applicant claiming industrial injuries to his spine, psychological system, and central nervous system (sleep disorder) from two separate dates of employment. The administrative law judge initially found injury to the psychological and central nervous systems but required further development of the record for permanent disability and apportionment. The Appeals Board determined that neither party presented substantial evidence regarding the causation and permanency of the claimed psychological and central nervous system injuries. Consequently, these issues are deferred, and the record will be developed further, potentially through an Agreed Medical Evaluator or a court-appointed physician.

Petition for ReconsiderationPartial Joint Findings of FactPanel Qualified Medical Evaluator (QME)Substantial EvidenceDevelop the RecordAgreed Medical Evaluator (AME)Regular PhysicianLabor Code Section 5701CausationPsychological Injury
References
2
Case No. ADJ4709951 (SFO 0511409)
Regular
Oct 28, 2010

POMPEYO CASTILLA vs. SUGAR BOWL BAKERY, OAK RIVER INSURANCE COMPANY

This case involves applicant Pompeyo Castilla seeking reconsideration of a $\$75,000$ compromise and release settlement for a back and nervous system injury. Castilla argued the settlement was too low and he was coerced. However, the Workers' Compensation Appeals Board dismissed his petition as untimely, as it was filed approximately one month after the deadline. The Board noted that the filing deadline is jurisdictional and that they would have denied the petition on its merits if it had been timely.

Pompeyo CastillaSugar Bowl BakeryOak River Insurance CompanyADJ4709951SFO 0511409Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJBack InjuryNervous System Injury
References
6
Case No. ADJ7269617
Regular
Nov 28, 2011

LARRY MCATEE vs. WOLSELEY MANAGEMENT, INC dba FERGUSON ENTERPRISES, INC, PACIFIC EMPLOYERS INSURANCE COMPANY

This case involves an applicant's claims for specific and cumulative trauma industrial injuries to his back and nervous system. The defendant petitioned for removal and reconsideration after the administrative law judge (WCJ) closed discovery. Parties subsequently agreed to conduct additional discovery, which the WCJ acknowledged and recommended rescinding the discovery closure order. The Appeals Board granted removal, rescinded the discovery closure order, and dismissed the petition for reconsideration as moot.

RemovalReconsiderationClosing DiscoveryRescinded OrderMandatory Settlement ConferencePetition for RemovalPetition for ReconsiderationIndustrial InjurySpecific InjuryCumulative Trauma
References
0
Case No. MISSING
Regular Panel Decision

Claim of Gordon v. E. F. Hickey Co.

Decedent, a 45-year-old bricklayer, was struck on the chin by a shovel on November 14, 1950, causing an injury requiring stitches and subsequent nervousness and nausea. Two days later, he collapsed and died at his workplace due to hemopericardium and acute myocardial infarction. Medical proof linked the excitement from the initial injury to his heart disease, with stair climbing also considered a contributing factor. The Workmen's Compensation Board's award was unanimously affirmed on appeal.

Workmen's CompensationHeart DiseaseAccidental InjuryMyocardial InfarctionCausationMedical EvidenceWork-related DeathBricklayerAppeal DecisionWorkmen’s Compensation Board
References
0
Case No. ADJ10049659
Regular
May 29, 2018

JOSE PINA DIAZ vs. SUNBURST CHURCH OF SELF REALIZATION, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for both the applicant and the defendant regarding the initial Findings of Fact and Award. The Board rescinded the prior award and returned the case to the trial level for further proceedings. Key issues included the applicant's alleged injury to his nervous system and psyche, and whether the statute of limitations tolled due to the employer's failure to provide a DWC-1 claim form. The Board found the WCJ's original decision lacked clarity and sufficient basis on these points.

WCABPetition for ReconsiderationFindings of Fact and AwardDate of InjuryLast Injurious ExposureStatute of LimitationsTolledDWC-1 Claim FormNervous System and PsycheCumulative Trauma Injury
References
3
Case No. ADJ8700032
Regular
Jul 10, 2017

GENARO SALINAS, MARIA SALNIAS vs. T.J. OBATA FARMS, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error. The original award found the applicant sustained industrial injury to his ears, brain, nervous system, and musculoskeletal system with weekly earnings of $923.05. The Board amended the award to reflect the applicant's correct weekly earnings as $932.05. Otherwise, the Board affirmed the original findings regarding the date of injury, statute of limitations, absence of a post-termination defense, and the finding of industrial injury.

Petition for ReconsiderationFindings and AwardGuardian Ad LitemDate of InjuryLabor Code section 5412Statute of LimitationsPost-termination defenseAttorney's feesCommutationStatewide average weekly wage
References
0
Case No. MISSING
Regular Panel Decision
Oct 29, 1998

Claim of Rich v. Pace University

Claimant sought workers' compensation benefits for severe headaches, attributing them to carbon monoxide exposure at her workplace located above a parking garage. The Workers’ Compensation Board found her condition to be an accidental injury arising from employment and awarded benefits. The employer and its insurance carrier appealed, challenging the finding of an accidental injury. The appellate court affirmed the Board's decision, finding substantial evidence, including a medical diagnosis of central nervous system toxicity and the claimant's improvement upon relocation, supported the Board's conclusion.

Workers' CompensationAccidental InjuryCarbon Monoxide ExposureOccupational IllnessEnvironmental ConditionsMedical DiagnosisCausal RelationshipAppellate ReviewWorkplace HazardBoard Decision
References
4
Case No. ADJ6577154
Regular
Jul 19, 2019

LISA RYAN vs. SUTTER MEMORIAL HOSPITAL, Permissibly Self-Insured

This case involves a registered nurse, Lisa Ryan, who claimed a work-related injury to multiple body parts including her spine, head, and nervous system, allegedly resulting in permanent total disability. The defendant, Sutter Memorial Hospital, petitioned for reconsideration of the initial award, disputing the permanent total disability finding. Subsequently, the parties reached a Compromise and Release agreement for $575,857. The Workers' Compensation Appeals Board approved this settlement, rescinding the prior award, finding the agreement adequate and in the applicant's best interest.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationFindings and AwardPermanent Total DisabilityRegistered NurseSpine InjuryHead InjuryBrain InjuryNervous System
References
0
Case No. ADJ7099563, ADJ7825176
Regular
Mar 07, 2014

MARIA GONZALEZ (WIDOW) vs. THE GAP, INC. dba BANANA REPUBLIC, AMERICAN ZURICH INSURANCE C/O SPECIALTY RISK

The Workers' Compensation Appeals Board affirmed a prior decision finding that the deceased employee did not sustain an industrial injury to his nervous, cardiac, or hypertension systems. Furthermore, his death was determined not to be industrially caused, and his widow's claim for death benefits was denied. The Board found that the defendant's timely denial of the employee's inter vivos claim precluded the need for a separate denial of the death benefit claim arising from the same alleged injury. The Board also concluded that the applicant failed to present substantial medical evidence demonstrating industrial causation for the alleged conditions or the resulting death.

Workers' Compensation Appeals BoardMiguel Angel GonzalezMaria GonzalezThe Gap Inc.Banana RepublicAmerican Zurich Insuranceindustrial injurynervous systemcardiac systemhypertension
References
10
Case No. ADJ526691 (LBO 0329338) MF ADJ3636578 (VNO 0535001)
Regular
Feb 11, 2014

JITKA VAN DYNE-PARMET vs. UNITED AIRLINES

The applicant sought reconsideration of a WCJ decision that awarded 91% permanent disability for injuries to her neck, shoulders, fibromyalgia, and psychological system, but denied injury to her central nervous system (aneurysm). The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further development of the medical record. This is primarily due to the ambiguity in a medical report regarding the industrial causation of the applicant's carotid aneurysm, which the Board found could be reasonably probable given the documented trauma. The Board also noted the WCJ's clerical error regarding the amount of permanent disability indemnity awarded.

Workers' Compensation Appeals BoardIndustrial InjuryFibromyalgiaCarotid AneurysmAgreed Medical ExaminersApportionmentPermanent DisabilityMedical TreatmentReconsiderationPetition for Reconsideration
References
2
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