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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8443100
Regular
May 28, 2013

KANZLER FRAZIER vs. WARNER BROTHERS STUDIO FACILITIES, INC.

This case involves an applicant claiming a low back injury while working as a lighting technician. The defendant sought reconsideration of the WCJ's finding of injury AOE/COE, arguing insufficient evidence and a post-termination defense. The Appeals Board granted reconsideration, rescinded the original decision, and returned the matter for further development of the record. This was due to inadequate medical reporting which did not constitute substantial evidence. The post-termination defense was deemed waived as it wasn't raised at trial.

Workers' Compensation Appeals BoardIndustrial InjuryLighting TechnicianLow Back InjuryArising Out of and In the Course of EmploymentAOE/COEPost-Termination DefenseLabor Code Section 3600(a)(10)Substantial EvidenceMedical Opinion
References
Case No. ADJ2210692 (SDO 0348182), ADJ4664046 (SDO 0348183)
Regular
Nov 27, 2012

MILTON GUZMAN vs. SELECT ELECTRIC, ZURICH NORTH AMERICA

This case involves a worker's compensation claim for a psychological injury. The defendant argued the applicant did not meet the six-month employment requirement under Labor Code 3208.3 or the "sudden and extraordinary" exception. The Board affirmed the finding of industrial injury to the psyche, determining the applicant's intermittent employment, including time after the injury, constituted sufficient "actual service." A dissenting opinion argued the applicant's service was less than six months and the backhoe injury was not "sudden and extraordinary."

Labor Code 3208.3Petition for ReconsiderationFindings and Awardindustrial injurypsychestrokestreet light technicianSelect ElectricZurich North Americaactual service
References
Case No. ADJ2210692 (SDO 0348182)
Regular
Jul 16, 2012

MILTON GUZMAN vs. SELECT ELECTRIC, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding Milton Guzman sustained an industrial psychological injury. The defendant, Zurich North America, argued the applicant did not meet the "sudden and extraordinary employment condition" requirement of Labor Code section 3208.3. The Board will allow supplemental briefing on whether the applicant met the six-month employment duration requirement for psychiatric claims, as this issue was not fully decided by the WCJ. The decision will address this specific issue before issuing a final ruling.

Labor Code section 3208.3psychiatric injurysudden and extraordinary employment conditionsix month employment requirementindustrial injuryFindings and AwardPetition for Reconsiderationsupplemental briefingWCJWorkers' Compensation Appeals Board
References
Case No. ADJ2300229 (FRE 0183072) ADJ2635018 (FRE 0183073) ADJ3725774 (FRE 0183074)
Regular
Jul 19, 2016

ROBERT D. TULL vs. GENERAL LIGHTING SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, In Liquidation

This case concerns Robert D. Tull's workers' compensation claims against General Lighting Service and the California Insurance Guarantee Association. The Workers' Compensation Appeals Board has issued an Opinion and Order Granting Petition for Reconsideration. Pending their Decision After Reconsideration, all future communications related to these cases must be directed to the Board's San Francisco office. This order reflects a procedural step in the ongoing appeals process for Tull's claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationCalifornia Insurance Guarantee AssociationLiquidationDecision After ReconsiderationOffice of the CommissionersMullen & FilippiService by MailDouglas LowRobert D. Tull
References
Case No. ADJ7019734, ADJ7019744
Regular
Dec 21, 2015

WAJID KHAN vs. DAVITA, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This Workers' Compensation Appeals Board case involves applicant Wajid Khan's petition for reconsideration of a prior award. The Administrative Law Judge found Khan's occupational group number to be 212, resulting in a 69% permanent disability rating. Khan argued for a higher rating based on his duties also fitting occupational group 340, but the Board denied reconsideration. The Board found insufficient evidence to support Khan's dual occupational classification and noted his procedural violation by attaching inadmissible evidence to his petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityOccupational Group NumberDialysis TechnicianPatient Care TechnicianConsultative Rating DeterminationWCAB Rule 10166(b)
References
Case No. ADJ3822280 (RIV 0039192)
Regular
Feb 21, 2012

RENEE CARON BRYANT vs. MINKA LIGHTING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves a defendant seeking reconsideration of a prior workers' compensation award. The primary issue was a clerical error regarding the end date of the applicant's temporary total disability. The WCJ recommended granting reconsideration to correct this error, noting the applicant passed away before the originally stated end date. The Appeals Board granted reconsideration to amend the award, fixing the disability period to conclude on the applicant's date of death, and otherwise affirmed the prior decision.

Workers' Compensation Appeals BoardMinka LightingCalifornia Insurance Guarantee AssociationFremont Compensationliquidationindustrial injuryspineright kneeright shouldertemporary total disability
References
Case No. ADJ8318725
Regular
Mar 25, 2014

JUDITH CASEY vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the applicant, an office technician, sustained an industrial heart injury. This was based on the determination that the applicant performed custodial duties, as defined by Labor Code section 3212.2 and relevant case law. Such duties included supervising inmates, managing their work and conduct, and accounting for equipment, which qualified her for the presumption of industrial injury.

Workers' Compensation Appeals BoardJudith CaseyState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8318725Findings of Fact and Awardsindustrial injuryheart and cardiovascular systemcustodial duties
References
Case No. ADJ1926394
Regular
Dec 08, 2010

FRANCISCO COSTA vs. RALPH'S GROCERY COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to amend the award to include future medical treatment. However, they affirmed the judge's finding of 80% permanent disability, which included a 20% apportionment to the applicant's pre-existing congenital spinal stenosis. The applicant argued against apportionment, but the Board found that medical evidence supported the conclusion that the pre-existing condition aggravated the industrial injury and led to more severe permanent disability. The Board clarified that "lighting up" a dormant condition is no longer a bar to apportionment under current law.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentCongenital Spinal StenosisCauda Equina SyndromeLower Back InjuryUrologic System InjuryGI Tract Injury
References
Case No. ADJ10575875
Regular
Jul 12, 2019

DANA BROUSSARD vs. STATE OF CALIFORNIA, LANCASTER STATE PRISON

This case concerns an office technician who developed transverse myelitis following a Hepatitis B vaccination series received as part of her employment. The applicant's physician, Dr. Chodakiewitz, concluded that it was medically probable the vaccination caused the injury, despite acknowledging other potential causes could not be definitively ruled out. The Workers' Compensation Appeals Board granted reconsideration and found substantial evidence supporting injury arising out of and occurring in the course of employment (AOE/COE). The Board affirmed the WCJ's finding of AOE/COE, reversing the prior decision to defer this issue.

Transverse MyelitisHepatitis B VaccinationNeurological InjuryMedical CausationAOE/COEPetition for ReconsiderationSubstantial EvidenceReasonable Medical ProbabilityQME OpinionOffice Technician
References
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