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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
References
Case No. ADJ9893563
Regular
Aug 19, 2019

ISRAEL ANGULO RUGERIO vs. ANS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns the defendant's petition for reconsideration of a decision regarding TruCare Pharmacy's liens. The prior decision found the defendant failed to prove TruCare was subject to a statutory stay, as it did not demonstrate a controlling indicted provider under Labor Code section 139.21. The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level for consolidation with a master file proceeding addressing common issues concerning TruCare and Labor Code section 4615. This consolidation aims to ensure consistent rulings, due process, and judicial economy given the complex factual and legal issues involved.

TruCare PharmacyLabor Code section 4615WCJPetition for ReconsiderationOrder of ConsolidationSpecial Adjudication UnitMaster Filelien claimantindictmentstay
References
Case No. ADJ1291435
Regular
May 17, 2010

JUAN ANTONIO PEREZ GARCIA vs. TAPIA BROTHERS, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant who sustained admitted industrial injuries to his neck, shoulder, and knee. The defendant sought reconsideration, arguing the WCJ erred in not apportioning the permanent disability due to a prior injury settlement. The Appeals Board granted reconsideration, finding the prior compromise and release constituted a prior permanent disability award, requiring an apportionment analysis. The Board rescinded the WCJ's decision and returned the case for further proceedings to determine permanent disability and apportionment based on overlap principles.

ApportionmentCompromise and ReleasePermanent DisabilityOverlap PrinciplesPrior AwardWCJReconsiderationLabor Code § 4664Labor Code § 4663Disability Factors
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
Case No. SFO 0479038
En Banc
Oct 26, 2005

JACK C. STRONG vs. CITY & COUNTY OF SAN FRANCISCO

This en banc decision holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from prior awards, even when involving different body regions. It establishes that the defendant must prove the prior award exists, after which the disability is conclusively presumed to exist, and the burden shifts to the applicant to disprove that the old and new disabilities overlap in their effect on the ability to compete and earn.

SB 899Labor Code section 4664apportionmentpermanent disabilityoverlapping disabilitiesprior awardconclusively presumedburden of proofrebuttable presumptionunique factors of disability
References
Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. OAK 0325086
Regular
Sep 11, 2007

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and Order Vacating SubmissionPermanent Disability Rating ScheduleSB 899Boughner v. CompUSAInc.Costa v. HardyAdministrative Director
References
Case No. MON 0307506
En Banc
Oct 26, 2005

VIRGINIA SANCHEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Board holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from a prior award for the same body region, with the defendant bearing the burden of proving the prior award and the applicant bearing the burden of disproving overlap.

SB 899Labor Code section 4664apportionmentprior industrial injurypermanent disabilityoverlapping disabilitiesen banc decisionpresumption of prior disabilityburden of proofmedical rehabilitation
References
Case No. ADJ7649680, ADJ7650589
Regular
Apr 20, 2015

MIGUEL VEGA vs. COLLIGERE FARM MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior award finding applicant sustained industrial injury to his bilateral hips and back. Defendant argued the award was unsupported by medical evidence and their petition for reconsideration was timely. The WCAB found the initial service of the award was defective, thus the petition was timely filed based on defendant's claimed receipt in "late September." Ultimately, the WCAB affirmed the award, incorporating the WCJ's reasoning by reference.

WCABPetition for ReconsiderationFindings of Fact Award and OrderPermanent DisabilityApportionmentFurther Medical CareIndustrial InjuryTimelinessProof of ServiceService Defects
References
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