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Case Law Database

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. ADJ2972614 (VNO 0551694) ADJ3199572 (VNO 0558860)
Regular
Jan 31, 2012

ALI POURFARZAD vs. PALMIRA ASSOCIATES, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves an applicant claiming industrial injuries to his spine, psychological system, and central nervous system (sleep disorder) from two separate dates of employment. The administrative law judge initially found injury to the psychological and central nervous systems but required further development of the record for permanent disability and apportionment. The Appeals Board determined that neither party presented substantial evidence regarding the causation and permanency of the claimed psychological and central nervous system injuries. Consequently, these issues are deferred, and the record will be developed further, potentially through an Agreed Medical Evaluator or a court-appointed physician.

Petition for ReconsiderationPartial Joint Findings of FactPanel Qualified Medical Evaluator (QME)Substantial EvidenceDevelop the RecordAgreed Medical Evaluator (AME)Regular PhysicianLabor Code Section 5701CausationPsychological Injury
References
Case No. ADJ1323644 (VNO 0276170)
Regular
Nov 15, 2011

CHARLES STRICKLAND vs. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior order allowing the commutation of $245,000 for the applicant to purchase a new home. The Board found the applicant had not presented substantial evidence that the commutation was in his best interest, citing a vague status of the new home purchase and applicant's complicated financial situation. The case is returned to the trial level for further proceedings to develop a clearer record on the applicant's finances and home purchase details. The Board seeks to ensure the commutation is truly in the applicant's best interest and all financial implications are accounted for.

WORKERS' COMPENSATION APPEALS BOARDCOMMUTATIONPERMANENT DISABILITYFINDINGS OF FACT AND ORDERPETITION FOR RECONSIDERATIONLABOR CODE SECTION 5100WCJINDUSTRIAL INJURYPSYCHOLOGICAL SYSTEMGASTROINTESTINAL SYSTEM
References
Case No. AHM 129527
Regular
Dec 10, 2007

OMAR ROSAS vs. LAURENCE HOVENIER, F.A. RICHARDS & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and found that the defendant's liability for temporary disability indemnity ended on May 26, 2007. This decision was based on Labor Code section 4656(c)(1), which limits temporary disability payments to 104 weeks within a two-year period from the commencement of payments. The Board affirmed the finding that the applicant sustained industrial injury to multiple body parts.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONPetition to Terminate LiabilityTemporary Disability IndemnityLabor Code section 4656subdivision (c)(1)104 compensable weeksSB 899aggregate disability paymentspermanent and stationary
References
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. ADJ4330842 (VNO 0331594) ADJ207082 (VNO 0314241) ADJ1775987 (VNO 0376271)
Regular
Aug 05, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained a 100% permanent disability due to cumulative trauma to her gastrointestinal system, hypertension, and fibromyalgia. The Board rejected the defendant's arguments regarding the substantiality of the Agreed Medical Examiner's opinions and the necessity of apportionment to a prior award for psychiatric injury. However, the Board amended the award to reflect the parties' stipulation of the applicant's average weekly earnings at $791.54, as initially determined by the WCJ. The lien claimant's petition was deemed moot as their claim was taken off calendar prior to the original hearing.

Cumulative traumaFibromyalgiaPermanent disabilityApportionmentAgreed Medical ExaminerAgreed Medical Examiner (AME)Average weekly earningsLien claimantStipulated awardSenate Bill 899 (SB 899)
References
Case No. ADJ7897753
Regular
Apr 03, 2014

JEFFREY FUJIMOTO vs. CALIBER COLLISION CENTERS, HARTFORD ACCIDENT & INDEMNITY

The Workers' Compensation Appeals Board denied reconsideration of a prior decision, affirming that the applicant did not sustain industrial injury to his psychological system. The applicant failed to meet his burden of proof, as his testimony regarding alleged workplace harassment was contradicted by other witnesses whom the judge found credible. Furthermore, the applicant's credibility was undermined by his false statements about an Agreed Medical Evaluator. The Board incorporated the judge's reasoning, finding the applicant's claim unsupported by a preponderance of the evidence.

Workers' Compensation Appeals BoardCaliber Collision CentersHartford Accident & IndemnityADJ7897753Opinion and OrderDenying Petition for ReconsiderationIndustrial InjuryPsychological SystemBody TechnicianFindings of Fact & Order
References
Case No. ADJ7894308; ADJ7661229; ADJ9465603
Regular
Aug 20, 2025

Assadour Assadourian vs. Ari G. Minassian School, State Compensation Insurance Fund, Church Mutual Insurance Company

The Workers' Compensation Appeals Board reviewed the Findings of Fact, Award and Order concerning Assadour Assadourian's industrial injury claims against Ari G. Minassian School and its insurers. The Board affirmed that contract non-renewal constituted an actual event of employment for psychiatric injury claims. However, it rejected the "pass-through" apportionment from cardiac conditions to psychiatric and sleep-related disabilities, deeming the medical opinions legally unsustainable. Consequently, the Board amended the permanent disability award to 78 percent, reserving jurisdiction to the WCJ for attorney's fees adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrderIndustrial InjuryCardiovascular SystemPsycheSleep DisorderUrologic SystemSexual Dysfunction
References
Case No. ADJ9339421 ADJ9275614 ADJ9339395
Regular
Jan 05, 2018

ROBERT LEITHISER vs. MICROSOFT, GALLAGHER BASSETT RANCHO CUCAMONGA

This case involves a lien claimant seeking reconsideration of a decision denying an applicant's psychological injury claim. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and affirmed the original finding that the applicant did not sustain an industrial psyche injury. Consequently, the lien claimant is not entitled to recover costs for psychological medical treatment. However, the WCAB deferred the issue of whether the lien claimant can recover for medical-legal costs, returning it to the trial level for further proceedings.

Lien claimantPetition for ReconsiderationJoint Findings of Fact and Orderindustrial injurypsychepsychological treatmentmedical-legal costscontested claimpreponderance of the evidencemedical-legal expenses
References
Case No. ADJ9391561 ADJ8266496
Regular
Apr 12, 2019

HENDRIKUS ANTONIUS BENNINK vs. CITY OF FRESNO

This case involves a police officer claiming industrial injuries to multiple body parts, including orthopedic and digestive systems, in addition to previously resolved cardiovascular and hearing claims. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant did not sustain industrial injuries to his neck, upper extremities, back, legs, or digestive system. This decision was based on substantial evidence from Qualified Medical Examiners (QMEs) who concluded these conditions were degenerative and non-industrial. The WCAB found no error in the QMEs' reasoning or the applicant's failure to prove industrial causation for these specific injuries.

ADJ9391561ADJ8266496Industrial injuryCardiovascular systemHearing lossOrthopedic injuryDigestive systemQMESubstantial evidenceCausation
References
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