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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. ADJ7056401
Regular
Dec 02, 2020

BENITO HUERTA vs. MANPOWER, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding insufficient medical evidence to support an industrial injury to the applicant's left leg. The Board also determined that temporary disability was not a litigated issue at trial and thus deleted any prior findings on that matter. The issue of permanent disability was deferred due to the inadequacy of the medical evaluator's report, which failed to properly explain deviations from the AMA Guides. The case is returned to the trial level for further development of the record and a new decision on the left leg injury and permanent disability, with a new medical evaluator to be selected.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryLow BackRight ShoulderLeft LegTemporary DisabilityPermanent DisabilityAgreed Medical EvaluatorAMA Guides
References
Case No. SAC 328777
Regular
Nov 30, 2007

DINA DEGARIBALDO vs. RAMADA INN, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained industrial injuries to her back, legs, and psyche, resulting in permanent disability. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision to apply the 2005 Permanent Disability Rating Schedule and to apportion 20% of the applicant's psychiatric disability to non-industrial causes. This apportionment was based on the medical opinion of a Qualified Medical Examiner, Dr. Kimmel, which the Board found constituted substantial evidence.

Workers' Compensation Appeals BoardDina DeGaribaldoRamada InnState Compensation Insurance FundSAC 328777Opinion and Order Denying Reconsiderationindustrial injuryjanitor/housekeeperbacklegs
References
Case No. FRE 0191108
Regular
Oct 01, 2007

RICK L. REITZ vs. COUNTY OF FRESNO, CLAIMS MANAGEMENT, INC.

This case involves a worker's compensation claim where the applicant, a Corrections Officer, sustained industrial injuries to his low back and legs, leading to significant permanent disability. Despite completing a prior vocational rehabilitation plan, the applicant was approved for a second plan and awarded vocational rehabilitation maintenance allowance (VRMA) for a period when benefits were initially denied. The defendant appealed, arguing the second plan was unwarranted and the VRMA award inequitable, but the Board denied reconsideration, upholding the award based on existing case law, though expressing concern over delays.

Second vocational rehabilitation planVocational rehabilitation maintenance allowanceVRMACounty Service Disability RetirementRehabilitation Unit determinationProbation TechnicianMedical feasibilityIndustrial injuryLow backLegs
References
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
Case No. ADJ3339563 (ANA 0308999), ADJ1404051 (ANA 0338860)
Regular
Jan 28, 2013

RUDY SANTOS vs. GANAHL LUMBER, CIGA by its servicing facility, INTERCARE INSURANCE SERVICES for GREAT STATE INSURANCE, in liquidation

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order awarding $11,412.00 for applicant's wife's home healthcare. The Board found the record inadequate, lacking sufficient medical reports and stipulated evidence to support the award. The case is returned to the trial level for further proceedings to develop a complete record. The defendant argued the original decision was not supported by substantial evidence.

ADJ3339563ADJ1404051GANAHL LUMBERCIGAINTERCARE INSURANCE SERVICESGREAT STATE INSURANCERUDY SANTOShome health care reimbursementPetition for Reconsiderationsubstantial evidence
References
Case No. ADJ11113127
Regular
Feb 07, 2023

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration to amend a previous decision. The Board's amended order dictates that the applicant will receive nothing from his claim. This decision affirms the original findings of fact, which determined the applicant did not sustain an industrial injury to his right leg and foot as cumulative trauma. The Board found that while the judge's dismissal was in error, the correct disposition is for the applicant to take nothing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderApplicant take nothingIndustrial injuryCumulative traumaRight legRight footBiasPrejudice
References
Case No. RDG 0119917
Regular
Feb 04, 2008

WILLIAM ROBERTS vs. BURGER KING, ZENITH INSURANCE COMPANY

This case affirmed a finding of 100% permanent disability for an industrial injury to an assistant manager's left knee, shoulder, hip, and leg. The Appeals Board ruled that a physician's report indicating the existence of permanent disability before reaching the "permanent and stationary" status qualified for using the older 1997 permanent disability rating schedule. The Board found substantial evidence supported the 100% rating, deferring to the WCJ's credibility assessment.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleReconsiderationIndustrial InjuryAssistant ManagerLeft KneeLeft ShoulderLeft HipLeft LegPermanent Disability
References
Case No. RIV 42174
Regular
Jul 20, 2007

VICTOR LOPEZ vs. DOANE'S PET CARE, ROYAL SUNALLIANCE INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error regarding the temporary disability period. While affirming the finding of industrial injury to the back, leg, and psyche resulting in 86% permanent disability, the Board amended the temporary disability period to commence August 2, 2001, aligning it with the date of injury. The Board specifically noted they would not adopt the WCJ's comment regarding improper fax filing of the petition for reconsideration.

Victim LopezDoane's Pet CareRoyal Sunalliance Insurance Co.RIV 42174Petition for ReconsiderationFindings and Awardindustrial injurybackright legpsyche
References
Case No. ADJ7392507
Regular
Aug 15, 2011

SALVADOR RODRIGUEZ vs. EBERHARD ROOFING, ZURICH NORTH AMERICA

Applicant seeks reconsideration of a prior decision finding only heat exhaustion and dehydration as his work injury, claiming the arbitrator overlooked back, neck, and leg injuries. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case. This action is partly due to the applicant's former attorney's potential abandonment and the need for him to show good cause for withdrawal. The case will return to the arbitrator for further proceedings on the applicant's alleged orthopedic injuries.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderHeat ExhaustionDehydrationBack InjuryNeck InjuryLeg InjuryMedical Provider Network (MPN)Orthopedic Injury
References
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