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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10187704, ADJ10924724
Regular
May 17, 2018

STEVEN CASE vs. GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to increase applicant's permanent disability rating for bilateral shoulder injury from 9% to 38%. The Board found the Agreed Medical Evaluator's (AME) alternative rating, based on strength loss, was substantial medical evidence and properly considered within the AMA Guides. The WCJ erred in applying an overly restrictive interpretation of "complex or extraordinary" cases for deviating from strict AMA Guides ratings. The AME's use of strength loss data from the AMA Guides, even for an age outside the specified range, was permissible under the *Almaraz-Guzman* line of cases when justified by clinical judgment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical Evaluator (AME)permanent disability ratingbilateral shouldersorthopedic AMEAMA GuidesAlmaraz-Guzmanstrength loss index
References
Case No. VNO 0509254
Regular
Apr 17, 2008

CAROL LEVENSON vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a claim for bilateral hearing loss and tinnitus allegedly caused by noise exposure during firearms training. The Appeals Board found the opinion of the Agreed Medical Evaluator, Dr. Grossan, to be substantial evidence, concluding that the applicant's conditions were not work-related. Consequently, the Board denied the applicant's claim for hearing loss and tinnitus, awarding only reimbursement for medical-legal liens.

Workers' Compensation Appeals BoardRemovalTemporary DisabilityFindings and AwardLicensing Program AnalystBilateral Hearing LossFirearms TrainingShooting RangeTinnitusQualified Medical Evaluator (QME)
References
Case No. ADJ7483972, ADJ7483952
Regular
Nov 08, 2012

ROY HAAS vs. CITY OF SANTA ROSA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case involves a workers' compensation applicant, Roy Haas, who sustained injuries to his left elbow and bilateral shoulders. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to increase Haas's permanent disability ratings. The WCAB adopted the WCJ's recommendation to rate impairments based on the highest applicable factor, citing that Dr. Suchard's report did not adequately explain combining strength and range of motion impairments for the elbow, and that strength deficits should not be rated where objective anatomic findings like loss of motion are present and prioritized by the AMA Guides. Consequently, Haas's permanent disability for the left elbow was increased to 25%, and for his shoulders to 31%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability RatingAgreed Medical ExaminerAMA GuidesRange of MotionLoss of StrengthOccupational CodeLabor Code Sections
References
Case No. ADJ6758053, ADJ7135126
Regular
Sep 15, 2014

MARCO TARACENA vs. NORTHROP GRUMMAN CORPORATION, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the original decision. The Board found that the administrative law judge erred by excluding applicant's loss of grip strength in his right upper extremity from the permanent disability assessment. The case is returned to the trial level for further proceedings and a new decision that includes this factor. The Board affirmed the judge's decisions regarding the left knee impairment and the exclusion of Dr. Majcher's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAir Frame MechanicCumulative TraumaSpecific InjuryPermanent DisabilityLoss of Grip StrengthAMA GuidesAgreed Medical Evaluator
References
Case No. ADJ7261203
Regular
Oct 11, 2012

ANGELINA KENDRICK McGEE vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, Legally Uninsured, Administered by STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The defendant sought reconsideration of a workers' compensation award, challenging the inclusion of a grip strength rating for the applicant's left hand. The Appeals Board granted reconsideration, finding the Agreed Medical Examiner did not adequately justify departing from the AMA Guides' limitations on rating grip strength. Consequently, the applicant's permanent disability rating was reduced from 56% to 51% by excluding the grip strength impairment. The award for permanent disability indemnity and attorney fees was amended accordingly.

Workers' Compensation Appeals BoardAngelina Kendrick McGeeState of California Department of JusticeState Compensation Insurance FundOpinion and Order Granting ReconsiderationFindings and AwardOffice Assistant SupervisorPermanent DisabilityCervical SpineLeft Hand and Wrist
References
Case No. ADJ3885724 (LBO 0381454) ADJ2220204 (LBO 0381455) ADJ1309821 (LBO 0381456)
Regular
Dec 24, 2015

Regina Weaver vs. Los Angeles Unified School District, Federal Express

The Workers' Compensation Appeals Board affirmed the prior decision awarding applicant 19% permanent disability for each upper extremity, rejecting the "loss of use" rating methodology. Applicant's contention that the Agreed Medical Evaluator's (AME) rating should have been higher based on a loss of use analogy was deemed unsubstantiated and inconsistent with AMA Guides principles. The Board remanded the case to the trial level to address the applicability of Labor Code section 4658(d) and attorney's fees.

Almaraz-GuzmanAgreed Medical EvaluatorPermanent Disability RatingUpper Extremity ImpairmentCarpal Tunnel SyndromeDe Quervain's TenosynovitisGrip StrengthLoss of Use AnalogyAMA GuidesLabor Code Section 4658(d)
References
Case No. ADJ8954364
Regular
Jul 06, 2015

MARK FINNEY vs. ZURICH INSURANCE, PATRIOT RISK SERVICES

This Workers' Compensation Appeals Board case, ADJ8954364, involved applicant Mark Finney seeking reconsideration of a decision that denied permanent impairment from a left eye injury. Finney argued he had developed glaucoma and sustained vision loss due to the injury. The Workers' Compensation Judge found no substantial evidence that the glaucoma was caused by the injury, nor was there sufficient evidence of specific vision loss as defined by the AMA Guides. Therefore, the petition for reconsideration was denied, upholding the original decision that while future complications could arise, there was no current permanent impairment.

Petition for ReconsiderationDeniedPermanent ImpairmentLeft Eye InjuryGlaucomaVision LossAMA GuidesPrimary Treating PhysicianBilateral Vision LossMyopic Astigmatism
References
Case No. ADJ6968292
Regular
Jul 19, 2013

ANDRES CASTILLO vs. C. W. HORTON GENERAL CONTRACTOR, MAJESTIC INSURANCE COMPANY, AMTRUST AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding the applicant's permanent disability rating for a left thumb injury. The Board found discrepancies between the treating physician's and QME's reports concerning the applicant's functional limitations and impairment rating. While the Board affirmed the denial of additional temporary disability, it deferred the permanent disability award and attorney fees pending further medical evaluation, specifically addressing whether to deviate from strict AMA Guides application per *Almaraz/Guzman*.

Workers Compensation Appeals BoardAndres CastilloC. W. Horton General ContractorMajestic Insurance CompanyAmtrust AmericaADJ6968292Stockton District OfficeOpinion and Order Granting ReconsiderationDecision After Reconsiderationpermanent disability
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
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