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

Case No. ADJ8540632
Regular
Oct 15, 2013

FRANCISCO MEDINA vs. SCRIPPS HEALTH

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Francisco Medina v. Scripps Health. The applicant alleged a psychiatric injury, but the employer successfully argued the defense of good faith personnel actions under Labor Code section 3208.3(h). The Board adopted the WCJ's findings, finding the employer's actions, including performance improvement forms and issues related to English proficiency, were lawful, non-discriminatory, and made in good faith to address job performance deficiencies. Credible employer testimony and evidence supported these findings, leading to the denial of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.psychiatric injurygood faith personnel actionslabor code section 3208.3(h)Rolda v Pitney Bowespredominant causelawful
References
Case No. ADJ10738767; ADJ14240277; ADJ14240278
Regular
Jun 18, 2025

JEANETTE FRANCE vs. LOS ANGELES DEPARTMENT OF WATER & POWER

Applicant Jeanette France sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) decision, which had found that she failed to prove discrimination under Labor Code section 132a following her termination. The Appeals Board granted France's petition for reconsideration, rescinded the previous Findings and Award, and substituted new findings. The Board concluded that the defendant, Los Angeles Department of Water & Power, violated Labor Code section 132a by discharging France on February 1, 2017. This decision was based on France establishing a prima facie case of discrimination, and the defendant failing to provide substantial evidence of a legitimate, non-discriminatory reason for the termination, despite allegations of poor performance.

Labor Code Section 132adiscriminationretaliationterminationindustrial injuryprima facie caseburden of proofpretextbusiness realitiesemergency hire
References
Case No. ADJ7503215
Regular
May 24, 2013

JAMIE ZIEGENFUSS vs. THE UNIVERSITY OF CALIFORNIA MERCED

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's claim. The applicant alleged industrial injury to her psyche and headaches due to her employer's alleged failure to engage in a good-faith ADA interactive process and alleged bad-faith personnel actions. The WCAB adopted the Workers' Compensation Judge's report, which found no industrial injury based on credible testimony and documentation demonstrating the applicant was aware of performance deficiencies. Furthermore, the WCAB rejected the applicant's supplemental petition for reconsideration as untimely filed.

WCABReconsiderationADA Interactive ProcessIndustrial InjuryPsychic InjuryGood Faith Personnel ActionsCumulative InjuryAgreed Medical ExaminerPerformance EvaluationRetaliation
References
Case No. ADJ8345654
Regular
Jun 11, 2014

BUNNY SWANSON vs. ODYSSEY HEALTH CARE, ODYSSEY HEALTH CARE INC, SEDGWICK CMS, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied Ms. Swanson's petition for reconsideration because it was procedurally deficient, violating multiple board rules, including improper filing and failure to serve the defendant. The Administrative Law Judge's report, which the Board adopted, also found that Ms. Swanson failed to meet her burden of proof on causation. The judge determined that her claimed psychological injuries were not industrially caused and were unsupported by credible medical evidence, noting documented performance and attitude issues. Furthermore, the judge concluded that her personal discomfort with co-workers' lifestyles did not constitute a work-related injury.

WCABPetition for ReconsiderationWCJ reportRule 10842Rule 10843Rule 10845Rule 10850Rule 10844sexual harassmenttoxic work environment
References
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3020236 (MON 0237639) ADJ3564389 (MON 0237640)
Regular
Dec 07, 2011

RICHARD BECKSTEAD vs. PERFORMANCE AUTOMOTIVE; FREMONT in liquidation by CIGA, administered by XCHANGING; GRANITE STATE INSURANCE, administered by CHARTIS, formerly known as AIG

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration filed by the defendants. The dismissal was based on the petition being untimely, as it was filed more than 25 days after the original Finding of Fact and Order was issued on September 1, 2011. The Board adopted the administrative law judge's report, which detailed the untimeliness according to relevant labor and civil procedure codes. The defendants were also advised they could petition for a change of administrator if found not liable in subsequent proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationuntimelyWCJLabor Code section 5903Code of Civil Procedure section 1013dismissedFinding of Fact and OrderXCHANGINGCIGA
References
Case No. ADJ9061807
Regular
May 26, 2016

VIRGINIA ALONZO vs. ANTELOPE VALLEY HOSPITAL

The Workers' Compensation Appeals Board dismissed Virginia Alonzo's petition for reconsideration due to untimeliness. The petition was filed on April 4, 2016, more than 25 days after the WCJ's February 25, 2016 decision. Filing deadlines for reconsideration petitions are jurisdictional, and the Board lacks authority to act on late submissions. Additionally, the petitioner's representation notice was noted as deficient.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWCAB RulesProof of FilingNotice of RepresentationElectronic Adjudication Management SystemService by MailCalifornia Labor Code
References
Case No. ADJ2534727 (OAK 0298436)
Regular
Apr 12, 2013

GLENDA HAMMONDS vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior award, and returned the case for further proceedings. The WCAB found the record deficient, noting that exhibits necessary for a fair adjudication were not properly admitted into evidence. The WCAB clarified that apportionment should only consider the disability increase after a prior stipulation. A new decision from the WCJ is required after the record is properly completed.

ADJ2534727Permanent DisabilityReconsiderationApportionmentIndustrial InjuryBilateral KneesAgreed Medical ExaminerPetition to ReopenAdmitted EvidenceRecord Deficiencies
References
Case No. ADJ3944879 (MON 0349000)
Regular
Mar 10, 2009

GEORGE WILSON vs. WALGREENS, SEDGWICK CLAIMS MANAGEMENT

The Appeals Board granted the defendant's petition for reconsideration due to a deficient record lacking proper admission of evidence and clear articulation of issues decided by the WCJ. The Board rescinded the prior Findings and Award, finding that the record did not comply with requirements for presenting issues, stipulations, and admitted evidence. The case is returned to the trial level for further proceedings and a new decision to ensure a properly developed record.

WCABPetition for ReconsiderationFindings and AwardTemporary Total DisabilityAgreed Medical ExaminerMaximal Medical ImprovementRecord DeficienciesHamilton v. LockheedRescindReturn to Trial Level
References
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