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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. LAO 0778727
Regular
Sep 18, 2007

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the original decision that denied the applicant's psychiatric injury claim. The Board found the applicant's fall due to a broken scaffold plank constituted a "sudden and extraordinary employment condition," thus overcoming the six-month employment rule exception. The case is returned for further proceedings to determine compensability for the psychiatric injury.

Workers' Compensation Appeals BoardLabor Code § 3208.3(d)six-month rulepsychiatric injurysudden and extraordinary employment conditionMatea v. Workers' Comp. Appeals Bd.broken plankscaffold fallindustrial injurypermanent disability
References
Case No. ADJ7642434
Regular
Nov 05, 2012

Matthew Austin vs. Bridgestone/Firestone, Old Republic Insurance

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration regarding a psyche injury claim. The Board found the applicant's slip and fall on a broken stair was not a "sudden and extraordinary employment condition" as required by Labor Code section 3208.3(d) for claims filed within six months of employment. Therefore, the applicant's psyche injury claim does not meet this exception. The case is returned to the trial level for further proceedings.

Labor Code section 3208.3(d)psyche injurysudden and extraordinary eventpetition for reconsiderationFindings and AwardWCJautomobile mechanicslip and fallbroken stepoccupational hazard
References
Case No. ADJ9749879
Regular
Mar 22, 2017

HERNAN VILLACIS vs. COUNTY OF LOS ANGELES SHERIFF'S DEPT.

The Workers' Compensation Appeals Board (WCAB) rescinded the previous findings of fact and returned the case for further proceedings. The central issue is whether the applicant's fall from a four-story building was an industrial injury or an intentional self-inflicted act. The Board found that the trial level erred by excluding the applicant's wife's testimony, which may have provided crucial evidence on the applicant's mental state. Furthermore, the Board noted the lack of medical evidence to definitively determine if the fall was suicidal, requiring further development of the record.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationSelf-Inflicted InjuryMarital PrivilegeFall from HeightIntentional JumpSlip and FallCredibility DeterminationMedical Evidence
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
Case No. ADJ3213121 (LBO 0361407)
Regular
Aug 30, 2010

GLENDA M. BRUCE vs. COMPTON COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Appeals Board granted defendant's petition for removal, reversing a prior order that quashed the applicant's deposition. The applicant amended her claim to include hair loss and a fall after her last deposition. The Board found good cause for an additional deposition, as the defendant did not have notice of these new claims prior to the previous depositions. Therefore, the applicant is required to submit to a fifth deposition specifically addressing the hair loss and fall allegations.

Petition for RemovalQuashed DepositionCompensable ConsequencesAmended ApplicationIndustrial InjuryHair LossFallPrior NoticeFifth DepositionRescinded Order
References
Case No. ADJ3413739 (SAL 0120295)
Regular
Nov 26, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL, ARCHIE MAYS, M.D., RUBY LEYNES, M.D., SCOTT ROSENZWEIG, M.D., EDWARD KOMBERG, D.C.; INNOVATIVE MEDICAL MANAGEMENT and LOUIS HEARD

This case involves a sanction against Innovative Medical Management and Louis Heard for reasons outlined in a prior Notice of Intention. The Appeals Board received a $2,500 payment from them, which they deemed an acknowledgment of the undisputed reasons for the proposed sanction. Consequently, the Board ordered a $2,500 sanction, crediting the payment already made, thus settling the matter.

Workers' Compensation Appeals BoardRemovalSanctionNotice of Intention to Impose SanctionHearing RepresentativesInnovative Medical ManagementLouis HeardMedical ManagementAppeals BoardOpinion and Decision
References
Case No. ADJ3413739
Regular
Oct 24, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by lien claimants and their representatives, Innovative Medical Management (IMM) and Louis Heard, as untimely. The Board also removed the case to itself and gave notice of its intention to impose sanctions of up to $2,500 against IMM and Heard. This action stems from IMM and Heard filing a frivolous, untimely petition containing misrepresentations about the timing of lien withdrawals, following the original imposition of sanctions by the WCJ for their failure to appear at a scheduled lien trial. The Board noted IMM and Heard's extensive history of similar sanctionable conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalSanctionsHearing RepresentativesInnovative Medical ManagementLouis HeardLien ClaimantsLabor Code Section 5813Frivolous Petition
References
Case No. ADJ4213823 (AHM 01440-4)
Regular
Jun 02, 2010

RODOLFO PLASCENCIA (Deceased), TERESA PLASCENCIA (Widow) vs. LOS ANGELES DODGERS, ACE USA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board reversed a prior award, ruling that applicant Rodolfo Plascencia's neck injury sustained from a fall was not compensable. The Board found that the applicant's blood alcohol level of .187% was a material and substantial cause of his fall, thus barring compensation under Labor Code section 3600(a)(4). The majority credited expert testimony indicating the intoxication impaired judgment and physical ability, making it the probable cause of the fall in the absence of other evidence. A dissenting opinion argued the defendant failed to meet its burden of proof and that reasonable doubt should favor the employee, citing lack of evidence for intoxication being the sole cause and the possibility of other fall factors.

Labor Code section 3600(a)(4)intoxication defensematerial and substantial factorblood alcohol level.187%addiction substance abuse expertwaiver of objectioncommon knowledgeslip and fallreasonable inferences
References
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