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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ621008 (MON 0291717)
Regular
Sep 05, 2012

WILLIAM KEY vs. PRODUCTION PROCESSING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, LEGION INSURANCE COMPANY, STONE STANLEY PRODUCTIONS, ST. PAUL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where the California Insurance Guarantee Association (CIGA), covering Legion Insurance, seeks reconsideration of an arbitrator's award. The arbitrator found both CIGA and Travelers, insurer for the special employer, jointly liable for the applicant's injury and ordered Travelers to reimburse CIGA for all benefits paid since Legion's liquidation. CIGA contested being required to continue administering medical treatment and the denial of pre-judgment interest from Travelers. The Board granted reconsideration to amend the award, ordering Travelers to administer future medical treatment, but affirmed the denial of pre-judgment interest to CIGA.

CIGALegion InsuranceProduction ProcessingStone Stanley ProductionsSt. Paul TravelersWilliam Keyindustrial injurylow backliquidationother insurance
References
Case No. ADJ4695433 (LAO 0818613) ADJ2060510 (LAO 0818614) ADJ181314 (LAO 0818615)
Regular
Feb 11, 2010

ALFREDO TERCERO vs. DOUGLAS FURNITURE, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's request for penalties and interest on unpaid medical treatment expenses. The Workers' Compensation Appeals Board denied the claimant's petition for reconsideration. The Board affirmed the administrative law judge's decision, finding no legal basis for penalties or interest on the stipulated medical treatment costs. This is because Labor Code section 4603.2, as amended by SB 899 and applied to pending cases, requires pre-established fee schedule rates for such penalties and interest, which did not exist for outpatient surgery centers at the time of service.

Lien claimantReconsiderationFindings and AwardPre-award penaltyInterestLabor Code section 4603.2Medical treatment expensesStipulated amountWCAB Rule 9795.5(f)Industrial injury
References
Case No. ADJ6716371
Regular
Apr 16, 2012

ANDREW WEITNAUER vs. SACRAMENTO COUNTY SHERIFF'S DEPARTMENT

This case involves an applicant seeking to commute his permanent disability award and life pension into a lump sum to purchase a motor home. The administrative law judge denied the commutation, citing the applicant's history of poor financial judgment and the risk of him being unable to meet future expenses. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, agreeing with the judge's findings. The Board also admonished the applicant's counsel for filing a poorly drafted petition and a confusing letter that failed to comply with procedural rules.

Commutation of awardLife pensionIndustrial injuryCardiovascular systemPermanent disabilityFinancial judgmentForeclosureBest interestsUsurious interestEconomic downturn
References
Case No. ADJ3616652 (SAC 0296975)
Regular
Feb 07, 2013

SAMUEL WILLIAMS vs. STARVING STUDENTS, LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns the applicant's claim for interest on a workers' compensation settlement paid late by Legion Insurance, now administered by CIGA. The applicant was awarded 10% interest on delayed payments, but CIGA sought reconsideration, arguing the interest issue was not properly raised, interest accrued before CIGA's involvement is not covered, and stipulations waived interest. The Appeals Board granted reconsideration, amending the award to apply interest only on payments made on or after March 4, 2003, when CIGA assumed liability, allowing credit for overpayments made to the applicant.

Workers Compensation Appeals BoardLegion InsuranceCIGACompromise and Release AgreementInterest on AwardLiquidationGuarantorStipulationOrder Approving Compromise and ReleaseStatutory Interest
References
Case No. ADJ1367543 (POM 0286181)
Regular
May 11, 2012

XJU BIN CAO vs. WO HIN INTERNATIONAL, INC., BERKSHIRE HATHAWAY

The Appeals Board rescinded the WCJ's decision, finding that the November 3, 2010 Stipulation and Order was an enforceable contract despite the parties' differing interpretations of unstated interest and penalty clauses. The Board ruled the lien claimant is entitled to interest under Labor Code section 5800 on the $17,000 payment from the agreement date to payment. However, no penalty was awarded as the defendant's delay in payment was not deemed unreasonable.

Workers' Compensation Appeals BoardReconsiderationStipulation and OrderMeeting of the MindsLabor Code Section 5800Lien ClaimantInterestPenaltiesLabor Code Section 5814Unreasonable Delay
References
Case No. ADJ186123 (AHM 0101334)
Regular
Jun 22, 2009

JERRY NARANJO vs. SOUTHERN CALIFORNIA EDISON, PSI SOUTHERN CAL EDISON ROSEMEAD

This case concerns a dispute over a workers' compensation lien for medical treatment. The Appeals Board granted reconsideration, finding the employer liable for a 10% penalty and interest for failing to properly contest a medical billing. Although the employer overpaid the base facility fee, this overpayment will be credited against the penalty and interest owed. The Board clarified that the employer did not adequately notify the lien claimant of contested billing items, thus triggering statutory penalties.

Labor Code section 4603.2Petition for ReconsiderationFindings and Awardlien claimantfacility feedate of servicepenaltyinterestcivil judgment rateindustrial injury
References
Case No. ADJ48 1388
Regular
May 12, 2016

SURYA CORREA vs. CITY OF PASADENA

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the determination that applicant Surya Correa sustained a psychiatric injury arising from her employment with the City of Pasadena. The Board gave significant weight to the administrative law judge's credibility determinations, finding no substantial evidence to warrant overturning them. The judge's report, which the Board adopted, addressed the applicant's credibility issues, including undisclosed accidents and misrepresentations, but still found the psychiatric injury to be a compensable consequence of the industrial orthopedic injury. Applicant's separate petition for reconsideration regarding prejudgment interest on temporary disability was also denied as that issue had been deferred and not yet decided.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryCredibility DeterminationsAgreed Medical EvaluatorSub Rosa FilmsCumulative TraumaMajor Depressive DisorderPain DisorderApportionment
References
Case No. ADJ9689895
Regular
Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings
References
Case No. ADJ4579659 (AHM 0089109)
Regular
Sep 29, 2010

DEE ANNE RAMIREZ vs. DRIVE FINANCIAL SERVICES, ONE BEACON INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address applicant's claims regarding attorney fees and interest. The WCAB affirmed the previous award but amended a finding to include interest on the compromise and release and rehabilitation settlement, calculated from specified dates, less any payments made. The Board declined to alter the attorney fee, deeming it reasonable given the applicant's attorney's conduct and the outcome. The matter was returned to the trial level for further proceedings to adjust the interest amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJAttorney FeeLabor Code section 5814.5Interest on AwardCompromise and ReleaseVocational Rehabilitation SettlementInterest Accrual
References
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