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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. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. ADJ10384186 MF ADJ10404193
Regular
Mar 25, 2019

SCOTT MITCHELL vs. DENIHANA, ZURICH NORTH AMERICA

This case concerns a claim for psychiatric injury where the applicant, Scott Mitchell, alleged actual employment events were the predominant cause. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the WCJ's findings, giving great weight to credibility determinations and finding no substantial evidence to reject them. Crucially, the Board concluded the injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions, as required by Labor Code section 3208.3. The Board relied on the agreed medical examiner's opinion that employment stress predominantly caused the aggravation of the applicant's pre-existing condition.

Labor Code 3208.3predominant causepsychiatric injurygood faith personnel actionsubstantial causecredibility determinationsaggravation of pre-existing conditionagreed medical examinercumulative traumaanxiety disorder not otherwise specified
References
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
References
Case No. ADJ818515 (STK 0156113)
Regular
Jan 23, 2003

Carlos Espino vs. G.S.E. CONSTRUCTION, INC., LIBERTY MUTUAL INSURANCE COMPANY

Reconsideration granted to amend prior Findings, Award and Orders; Dr. Shelub's lien stricken; decision otherwise affirmed.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentSubstantial EvidenceMedical OpinionLabor Code Section 4903Lien ClaimAdmissibility of EvidenceFindings of Fact
References
Case No. ADJ736196 (VNO 0487046)
Regular
Jan 05, 2009

EDWARD CARDONA vs. LG ELECTRICAL INC., BROADSPIRE INSURANCE COMPANY, LOVCO CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND, ANTLER CONSTRUCTION, GOLDEN EAGLE INSURANCE COMPANY

Reconsideration granted to amend the end date of the cumulative injury period to September 23, 2001. The WCJ's decision is otherwise affirmed.

Workers Compensation Appeals BoardCumulative InjuryStatute of LimitationsPost-Termination DefensePresumption of CompensabilityLabor Code § 3600(a)(10)Industrial InjuryBack InjuryConstruction WorkerReconsideration
References
Case No. ADJ4118594 (AHM 0149487)
Regular
Dec 17, 2009

JEFF ROUSH vs. CITY OF ANAHEIM

Reconsideration granted to amend clerical error in Findings of Fact to include stipulated injury to applicant's heart and hypertension. Decision otherwise affirmed.

Workers' Compensation Appeals BoardLabor Code section 3213.2industrial injuryback injuryfoot injuryheart injuryhypertensionpolice officerstipulation of factsclerical error
References
Case No. ADJ4376851
Regular
Sep 15, 2009

PETRA ORTEGA vs. CAMBRO MANUFACTURING COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration and amends Findings of Fact 3 and 4 to reflect applicant's entitlement to ongoing temporary disability benefits. The WCJ's September 15, 2009 decision is otherwise affirmed.

WCABPETRA ORTEGACAMBRO MANUFACTURING COMPANYSTATE COMPENSATION INSURANCE FUNDADJ4376851LAO 0808601Petition for ReconsiderationFindings and AwardWCJindustrial injury
References
Case No. ADJ415272 (MON 0345915)
Regular
Oct 14, 2008

LYNN HOLMES vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The amendment clarifies that the temporary disability indemnity awarded to the applicant must be reduced by any benefits already paid. Otherwise, the Board affirmed the original findings regarding the period of temporary disability.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityFindings and AwardIndustrial InjuryLumbar SpineLeft KneeSchool DistrictWCJReport and Recommendation
References
Case No. MON 0299474; MON 0299475 (MF); MON 0299476
Regular
Jul 09, 2008

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration based on the WCJ's report. The Board also corrected a clerical error in the case caption, specifying that case number MON 0299475, not MON 0299474, is the master file. The WCJ's decision is otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionCorrection ErrorWorkers' Compensation Administrative Law JudgeMaster FileClerical ErrorContinuing JurisdictionJoint Findings Award and OrderLien Claimant
References
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