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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ2531503 (AHM 0111102), ADJ3636599 (AHM 0111103), ADJ4058229 (AHM 0123911)
Regular
Dec 23, 2010

JIM POTTS vs. CITY OF IRVINE POLICE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and defer the attorney's fee calculation for the life pension. The Board affirmed the 86% permanent disability finding, rejecting the defendant's argument that the applicant's post-injury work history should have altered the medical opinions, as the defendant had the opportunity to address this. The Board also clarified that the 1997 Permanent Disability Rating Schedule was correctly applied and deferred the issue of temporary disability overpayment to the trial level.

Cumulative traumaSpineLeft shoulderRight wristBilateral kneesLeft ankleCardiovascular systemHypertensionPermanent disabilityLife pension
References
Case No. VNO 0386181
Regular
Apr 05, 2007

SUSAN PASCALE vs. BLUE CROSS/WELLPOINT DENTAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT INDEMNITY

This case concerns applicant Susan Pascale's claim for workers' compensation benefits due to industrial injuries resulting in fibromyalgia and other conditions. The WCJ awarded 80% permanent disability, apportioning 20% to applicant's pre-existing personality traits based on medical opinions. The Appeals Board affirmed this decision, finding the apportionment was supported by substantial medical evidence of causation, as allowed by recent statutory changes.

Workers' Compensation Appeals BoardSusan PascaleBlue Cross/Wellpoint DentalCalifornia Insurance Guarantee AssociationFremont IndemnityVNO 0386181Opinion and Decision After ReconsiderationApplicantDefendantWCJ
References
Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ2977853
Regular
Oct 01, 2010

JORGE ALVAREZ vs. PEREZ FARMS & ASSOCIATES, STATE COMFENEATION INSURANCE FUND

This case concerns a defendant's reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision regarding attorney's fees and a life pension calculation. The defendant argued that the calculated life pension rate and associated attorney's fees lacked justification and proper explanation, particularly concerning annual cost of living adjustments. The WCAB granted reconsideration, noting issues with the provided commutation worksheets, including a different employee's name. Consequently, the Board amended its decision to defer the calculation of the life pension and its related attorney's fees, remanding the matter to the trial level for further proceedings and opportunity for parties to present rebuttal evidence.

Workers' Compensation Appeals BoardReconsiderationLife PensionAttorney FeeCommutationPermanent DisabilityApportionmentIndustrial InjuryMedical TreatmentWCJ
References
Case No. ADJ3190249 (SFO 0500553)
Regular
Mar 24, 2010

Quintella Eutsey vs. CITY & COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted removal, dismissing the defendant's petition for reconsideration. The Board found the prior administrative law judge's order improperly limited discovery into the applicant's psychiatric injury claim. The Board rescinded the previous order, allowing further deposition to explore the applicant's full medical history relevant to her psyche claim, as this is discoverable when a psychological injury is at issue. Both parties were admonished to conduct themselves professionally during future discovery.

removalpetition for reconsiderationdiscovery disputepsyche injurydeposition testimonyright lower extremityindustrial injurypersonal lifefamily lifepast history
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
Case No. ADJ10782441 ADJ9193836
Regular
Apr 15, 2019

Stacy Smith vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to affirm the applicability of Labor Code section 3212 presumptions for hypertension and hernia injuries to an ocean lifeguard. However, the Board amended the decision to defer issues of permanent disability and apportionment. This deferral is due to the apparent conflict between the WCJ's 50% apportionment of hernia disability and the non-attribution clause of Labor Code section 3212. The Board returned these issues to the trial level for further hearing and determination.

Workers' Compensation Appeals BoardLabor Code Section 3212Heart trouble presumptionHernia presumptionFire department memberOcean lifeguardCumulative injuryLumbar spine injuryRight knee injurySkin injury
References
Case No. ADJ6762619 ADJ6762627 ADJ6762634
Regular
Sep 10, 2018

EDWARD SHER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG, NBC UNIVERSAL/ELECTRIC INSURANCE

This case concerns an applicant's petition for reconsideration of a workers' compensation award. The applicant sought inclusion of a life pension in an award that already recognized 70% permanent disability. The Appeals Board granted reconsideration solely to amend the award, confirming the statutory entitlement to a life pension for 70% or more permanent disability. The Board otherwise affirmed the original award, incorporating the WCJ's reasoning. A defendant's untimely request to amend the party defendants was declined but may be addressed at the trial level.

WCABPetition for ReconsiderationJoint Findings Award and Orderpermanent disabilitylife pensionLabor Code § 4659WCJ ReportDefendants' Answerslife pension amendmentstatutory entitlement
References
Case No. ADJ801311 (SFO 0482182)
Regular
Dec 28, 2009

WILLARD GRAY vs. LEE'S IMPERIAL WELDING, VIRGINIA SURETY CORPORATION

The WCJ's finding that the applicant's life pension would increase annually commencing on January 1 following the receipt of the life pension weekly benefit was reconsidered and the matter is returned to the WCJ for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationCorrected Findings and AwardIndustrial Cumulative TraumaPermanent DisabilityApportionmentLife PensionLabor Code section 4659(c)Cost of Living AdjustmentsDuncan v. Workers' Comp. Appeals Bd.
References
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