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

Case No. ADJ4539382 (POM 0268767) ADJ703067 (POM 0273418)
Regular
Nov 09, 2009

MARIA VALDEZ vs. RANGERS DIE CASTING, CIGA for SUPERIOR NATIONAL INSURANCE COMPANY in liquidation, administered by BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Arbitrator's decision was vacated because it was not issued within 30 days after submission of the case for decision as required by Labor Code section 5277.

Workers' Compensation Appeals BoardReconsiderationArbitrationCIGAReimbursementEvidentiary BurdenReasonableness of ExpensesLabor Code Section 5277Untimely DecisionVoid Order
References
0
Case No. ADJ887948 (SRO 0103492) ADJ4222536 (SRO 0103500) ADJ3891200 (SRO 0103496)
Regular
Oct 04, 2010

RICHARD CARROLL vs. CONSOLIDATED FREIGHTWAYS, INC., Permissibly Self-Insured, Reinsured By RELIANCE, In Liquidation, Adjusted By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior awards due to a due process violation. The applicant was denied the opportunity to cross-examine the Disability Evaluation Unit rater when the WCJ simultaneously issued decisions and the recommended rating. This prevented applicant's right to object or seek rebuttal evidence before submission for decision. The case is returned to the trial level for further proceedings, including potential rater cross-examination, and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersJoint Findings and AwardWCJDisability Evaluation UnitRating InstructionsDue ProcessCross-examinationRater
References
3
Case No. SFO 0470324, SFO 0480936, SFO 0482017
Regular
Dec 28, 2007

GLORIA DE MELLO DREW vs. BLUE SHIELD OF CALIFORNIA, SENTRY CLAIMS SERVICE, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA/CNA CLAIMPLUS, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the Arbitrator's decision, and returned the case for further proceedings. This action was taken because the Arbitrator failed to issue a decision within the statutory 30-day period after submission, as required by Labor Code section 5722, and the arbitration record lacked sufficient documentation. The Board found that the defendant did not waive this procedural defect by waiting to raise it until after the decision was issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's Findings and AwardStipulated AwardContributionReimbursementStatute of LimitationsLabor Code Section 5722Forfeiture of Arbitrator's FeeRescind Decision
References
3
Case No. MISSING
Regular Panel Decision

Claim of Kwintner v. Madamoiselle Personnel

Claimant appealed a Workers' Compensation Board decision from November 15, 2001, which found she did not sustain a compensable injury following a mental breakdown attributed to her employer's "verbal tirade" on April 18, 1996. The Workers' Compensation Law Judge (WCLJ) closed the case due to claimant's failure to provide prima facie medical evidence of a causally related psychiatric injury. The Board upheld this decision, declining to consider a psychiatrist's report submitted during the appeal due to lack of timely submission and insufficient explanation. The appellate court affirmed the Board's decision, noting that while extensive medical documentation existed, it failed to establish a causal link between the psychiatric condition and the work incident. The court also found the belated psychiatrist's report did not specifically connect the condition to the alleged incident.

Workers' Compensation BenefitsPsychiatric InjuryCausal RelationshipPrima Facie Medical EvidenceHostile Work EnvironmentAppellate ReviewBoard DiscretionEvidence SubmissionAffirmed DecisionMental Breakdown
References
3
Case No. ADJ7511305
Regular
Nov 29, 2010

BENNETT IORNS vs. R & L BROSAMER, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding a reopened claim for deep vein thrombosis (DVT). The Board found the original record inadequate and the Arbitrator's decision lacked proper explanation and proper procedure. The matter was returned for further development of the medical record, including a new Independent Medical Evaluator evaluation, and for a new decision after proper submission. This ensures due process and a clear evidentiary basis for future rulings.

Petition for ReconsiderationNew and Further DisabilityDeep Vein Thrombosis (DVT)Waiver of IssueDue ProcessIndependent Medical Evaluator (IME)Summary of EvidenceSubstantial EvidenceHamilton v. LockheedAlternative Dispute Resolution (ADR)
References
4
Case No. MISSING
Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal
References
4
Case No. MISSING
Regular Panel Decision
Dec 21, 1992

Claim of Stokes v. Permanente

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury after being struck by a car while crossing a street from a parking lot to her workplace. This decision and an amended decision were subsequently appealed. The appellate court found substantial evidence to support the Board's finding that the injury occurred while the claimant was entering the employment premises, thus arising out of and in the course of her employment. Consequently, the court affirmed the Board's decision and amended decision.

Workers' CompensationEmployment InjuryCompensable InjuryGoing and Coming Rule ExceptionParking Lot InjuryAppellate ReviewBoard Decision Affirmed
References
0
Case No. ADJ2820557 (RDG 0106325), ADJ3301737 (RDG 0110776)
Regular
Oct 18, 2011

DEAN LAGOE vs. GRASS VALLEY FORD by RISK ENTERPRISE MANAGEMENT

The defendant, Grass Valley Ford, petitioned for removal to vacate an order vacating submission, arguing irreparable harm from ongoing temporary disability payments. The WCJ vacated submission due to an insufficient evidentiary record lacking stipulations on temporary disability payments and claimant's claims. The Appeals Board denied the petition, finding the WCJ was correct that a sufficient record was needed for a proper decision. The case is remanded for further proceedings to develop the record.

Petition for RemovalVacating SubmissionInsufficient EvidenceTemporary Disability IndemnityIrreparable HarmStipulated AwardsEAMSCumulative TraumaAmended Minutes of HearingStipulation
References
1
Case No. MISSING
Regular Panel Decision

Claim of Farcasin v. PDG, Inc.

Claimant, a director of research and publications, developed neck and shoulder pain radiating to his arms and hands after working for the employer for a month, attributing it to a lack of an ergonomically designed workstation and an outdated computer. A Workers’ Compensation Law Judge initially found he suffered an occupational disease. The Workers’ Compensation Board affirmed this decision, but later amended it, ruling that claimant suffered an accidental injury. The employer appealed both decisions. The Court affirmed the Board's decision, finding no abuse of discretion in amending the prior decision and that substantial evidence supported the finding of an employment-related accidental injury, which can be established by medical evidence of repetitive acts causing debilitating injury, even if symptoms accrued gradually.

Workers' CompensationAccidental InjuryOccupational DiseaseRepetitive Strain InjuryErgonomicsAppellate ReviewBoard DecisionJurisdictionMedical EvidenceGradual Injury
References
7
Case No. ADJ6674613
Regular
Mar 16, 2011

Donald Kusar vs. CITY OF LOS ANGELES

The Appeals Board granted reconsideration to address issues with the applicant's permanent disability rating after an admitted left elbow injury. The WCJ had found no permanent disability but vacated submission in companion cases involving other injuries for clarification from the Agreed Medical Examiner (AME). The applicant argued the WCJ erred by striking ratings and vacating submission in consolidated cases and that the DEU rater improperly substituted her own judgment for the AME's findings. The Board rescinded the Findings and Award, returning the matter to the trial level to rate all three consolidated cases together, and to reconsider the permanent disability rating in light of the *Blackledge* decision regarding the rater's role.

Agreed Medical ExaminerAppeals BoardConsolidated casesDEU raterDisability evaluationEn banc decisionFindings and AwardImpairment ratingMedical evidencePermanent disability
References
1
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