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

Case No. ADJ10393358
Regular
Sep 30, 2019

JOSE LUIS RODRIGUEZ vs. JB WHOLESALE ROOFING, SAMSUNG FIRE AND MARINE INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The Board rescinded the July 12, 2019 decision and substituted new Findings of Fact. Applicant Jose Luis Rodriguez sustained injury to his lumbar spine while employed as a roofer and in other capacities by JB Wholesale Roofing. Samsung Fire and Marine Insurance Company was the carrier at the time of injury, and injury to the neck was not found, with further issues deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportSupplemental PleadingFindings of FactLumbar Spine InjuryRooferDriverDispatcherSales Representative
References
Case No. ADJ6644580
Regular
Aug 30, 2010

EVER GONZALEZ vs. PLUS INTERNATIONAL CORPORATION, CHARTIS COSTA MESA On Behalf Of GRANITE STATE INSURANCE COMPANY

This case involves a worker injured on January 26, 2009, alleging employment by Plus International Corporation. The trial judge found the worker was employed by a subcontractor, Santos, who was unlicensed and uninsured. The Appeals Board granted reconsideration, rescinding the trial judge's finding. The Board remanded the case for further proceedings to develop evidence on whether the applicant was a roofer and if the project's total cost required a contractor's license. The Board noted that if a license was required, the subcontractor's lack of insurance would automatically render them unlicensed.

Labor Code section 2750.5Blew v. Hornerunlicensed contractoruninsured contractorpresumption of employmentrooferspecialty contractorClass C-39 licenseaggregate contract priceautomatic suspension of license
References
Case No. ADJ754138 (SDO 0358006)
Regular
Jul 13, 2012

IGNACIO GOMEZ vs. PREMIUM ROOF SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a decision regarding an applicant injured while employed as a roofer. The applicant was awarded home healthcare services, but the initial judge found no authority to order payment to the applicant's wife. The Board granted reconsideration, finding that the applicant has the right to choose his home healthcare provider, especially given the inadequate services previously provided by the defendant's agency. Therefore, the Board amended the award to ensure the applicant receives the stipulated attendant care/housekeeping services from his wife.

Workers' Compensation Appeals BoardPremium Roof ServicesInc.State Compensation Insurance FundIgnacio GomezFindings Award and Ordersrooferindustrial injurylow backstipulated award
References
Case No. ADJ4317262 (ANA 0327568)
Regular
Apr 13, 2009

JOSE GONZALEZ vs. BURR ROOFING, INC., SCIF INSURED SANTA ANA

The applicant sought reconsideration of a workers' compensation award, primarily arguing the permanent disability rating undervalued his urological condition and the WCJ erred in not crediting vocational rehabilitation expert opinion. The Appeals Board granted reconsideration solely to award additional attorney fees for temporary disability benefits. While the majority affirmed the WCJ's original findings on permanent disability, a dissenting commissioner argued the urological condition was significantly underestimated and requested a new rating.

Workers Compensation Appeals BoardJose GonzalezBurr RoofingSCIF Insured Santa Anapermanent disabilityapportionmentrooferupper back injurymid back injurylow back injury
References
Case No. ADJ 3886578 [ANA 0406600] ADJ 4712272 [ANA 0406599]
Regular
Aug 28, 2008

MICAH GADBERRY vs. SIERRA ROOFING, INC., STATE COMPENSATION INSURANCE FUND

The WCAB denied reconsideration, upholding the WCJ's finding of no injury AOE/COE due to the applicant's lack of credibility and post-termination nature of the claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJAOE/COEcredibilitypost-terminationHoag Hospitalmedical recorddiscoveryhernia
References
Case No. SRO 0137322
Regular
Apr 01, 2008

JONATHAN D. LOPEZ PACHECO (JONATHAN LOPEZ) vs. WEDGE ROOFING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and ruled that the employer's actions did not constitute serious and willful misconduct. The Board found that while there were safety policy deviations, the employer took reasonable steps and genuinely believed the aerial plank was safe, thus lacking the required intent for serious and willful misconduct. Therefore, the applicant's claim for increased benefits based on employer misconduct was denied.

Serious and willful misconductaerial plankrooferWedge RoofingInc.State Compensation Insurance Fundproximate causefindings and awardpetition for reconsiderationCalOSHA
References
Case No. ADJ1232911
Regular
Jun 22, 2009

ADALBERTO OCHOA vs. SLATON & SON ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of industrial injury, temporary disability, need for further treatment, and 37% permanent disability for applicant Adalberto Ochoa. The defendant argued the WCJ erred by applying the 1997 permanent disability rating schedule, claiming no pre-2005 medical reports indicated permanent disability. However, the Board adopted the WCJ's report, denying reconsideration and affirming the original award. A dissenting opinion argued the 2005 rating schedule should apply as no pre-2005 medical reports indicated permanent disability, and the WCJ's interpretation of temporary disability advances was improper.

WCABADALBERTO OCHOASLATON & SON ROOFINGSTATE COMPENSATION INSURANCE FUNDFindings and Awardrooferlumbar spinetemporary disabilitypermanent disabilityLabor Code section 4909
References
Case No. ADJ 4380925 [SAC 360366] ADJ 1181280 [SAC 363258]
Regular
Sep 02, 2008

DIEGO JIMENEZ, DIEGO JIMENEZ-BROCA vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

Reconsideration granted; June 6, 2008 Findings of Fact affirmed except for clerical error correction in case number.

Workers' Compensation Appeals BoardReconsiderationFindings of FactIndustrial InjuryRooferTemporary DisabilityPermanent DisabilityFurther Medical CareQualified Medical ExaminerSubstantial Evidence
References
Case No. ADJ7412203
Regular
Jul 15, 2011

RIGOBERTO GARCIA vs. COLE RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant's industrial injury was caused by a "sudden and extraordinary" event, thereby exempting it from the six-month employment rule for psychiatric injuries under Labor Code section 3208.3(d). The Board corrected a clerical error in the citation of the relevant statute. While the defendant argued the event was an inherent risk of the job, the applicant's uncontradicted testimony provided the only evidence suggesting it was not routine. A dissenting opinion argued that a simple fall from a ladder, without more, should not qualify as extraordinary, especially given the short employment duration and lack of evidence for truly unusual circumstances.

Workers' Compensation Appeals BoardRigoberto GarciaCole RanchState Compensation Insurance FundADJ7412203Opinion and Order Denying Petition for ReconsiderationCorrecting Clerical ErrorFindings and Ordersavocado pickerhigh tree worker
References
Case No. GOL 92085, GOL 92086
Regular
Mar 01, 2009

AMADO ORTIZ vs. SANTA BARBARA MISSION ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the original award, reducing the permanent total disability indemnity rate from $490 to $430.08 per week as stipulated by the parties. The Board affirmed the finding of 100% permanent disability and the inclusion of psychiatric injury, upholding the exclusion of the defendant's dual-QME reports due to procedural violations. Applicant's psychiatric report was deemed substantial evidence despite defendant's claims of staleness.

Workers' Compensation Appeals BoardJoint Findings and AwardReconsiderationQualified Medical Evaluator (QME)Psychological QMEPsychiatric injuryPermanent total disabilityTemporary disability rateIndustrial injuriesRoofer
References
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