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

Case No. ADJ10030620, ADJ10030622
Regular
Jan 12, 2018

ANTONIO CORONA SOSA vs. DANA INVESTMENT LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, Marwan Khader Alrifai

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration from an order joining a substantial shareholder due to the order not being a final determination. However, the WCAB granted a petition for removal, treating the filing as such, because the shareholder was allegedly denied due process by not being properly served and given an opportunity to respond. The WCAB rescinded the joinder order, returning the matter to the trial level to allow the shareholder to present their case. This decision ensures due process by permitting the shareholder to respond to the joinder petition and present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSubstantial ShareholderDue ProcessPetition for JoinderFinal OrderInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ7264915
Regular
Jul 15, 2013

ANA GONZALES vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

This case involves an applicant who sustained industrial psychiatric injury but whose orthopedic claims were denied due to insufficient medical evidence. The Appeals Board denied the applicant's petition for reconsideration, finding the applicant failed to present substantial medical evidence of industrial causation for her orthopedic complaints. A dissenting commissioner argued that the primary medical evaluator's report was deficient and lacked substantial evidence, warranting further development of the record on orthopedic injuries and other claims. The dissent emphasizes the Board's duty to ensure substantial justice, suggesting it should have ordered further investigation on the denied orthopedic issues.

WCABPetition for ReconsiderationFindings and Orderindustrial injurypsychelow backneckright shoulderright wristright elbow
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ9914256
Regular
Nov 05, 2018

BASILIO RODRIGUEZ vs. MEXUS PRODUCE, THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that stayed the lien of Reshealth Medical Group. The Board found that the employer failed to provide substantial evidence that Eric Schames, who is subject to a stay under Labor Code section 4615, controlled Reshealth Medical Group as an officer, director, or 10% shareholder. Information from the Secretary of State indicated different corporate structures and officers for Reshealth Medical and Reshealth Diagnostics, contradicting the employer's evidence. Consequently, the case is returned to the trial level for further proceedings.

Labor Code section 4615Reshealth Medical GroupEric SchamesDIR listEAMS notationcontrolled entityofficer or directorshareholdersubstantial evidencePetition for Reconsideration
References
Case No. ADJ9507108
Regular
Sep 19, 2018

RICARDO GOMEZ vs. M&T SEAFOOD VILLAGE, INC., OHIO SECURITY INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted Reshealth Medical Group's petition for reconsideration, rescinding the prior finding that its lien was stayed under Labor Code section 4615. The WCAB found insufficient substantial evidence that Eric Schames, who is subject to a stay, was an officer, director, or 10% shareholder of Reshealth Medical Group. Public filings from the Secretary of State contradicted the limited evidence presented by the defense regarding Schames' control over Reshealth Medical Group. The case was returned to the trial level for further proceedings to properly determine if the lien is subject to the stay.

Labor Code section 4615Petition for ReconsiderationLien claimantWCJEric SchamesDIR listEAMS notationFTB responseSecretary of Statecontrolled entity
References
Case No. ADJ7282444
Regular
Aug 19, 2015

ROSA RANGEL vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, IN HOME SUPPORT SERVICES

The California Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the judge's decision to set the case for trial. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The defendant failed to demonstrate such harm or that reconsideration would be an inadequate remedy. The WCJ properly deferred the issue of medical record development to the trial judge.

Removal PetitionExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWCJ ReportAgreed Medical EvaluationQualified Medical EvaluatorDevelop the RecordMandatory Settlement Conference
References
Case No. ADJ6579284
Regular
Oct 09, 2025

Paul Smith III vs. Denver Broncos Football, Great Divide Insurance Company

The Denver Broncos Football filed a petition for removal contesting a joinder order issued by a Workers' Compensation Administrative Law Judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition, the applicant's answer, and the WCJ's Report and Recommendation. The Board denied the petition for removal, emphasizing that removal is an extraordinary remedy. It concluded that the petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would not be an inadequate remedy if an adverse final decision were to be issued.

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceHolmberg
References
Case No. ADJ11039762
Regular
Aug 06, 2018

ALFRED GUILING vs. GODEFELLOW BROTHERS CONSTRUCTION, LLC, AMERICAN CONTRACTORS INSURANCE GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration and dismissed their Petition for Removal. The defendant argued the judge's finding of injury to specific body parts was premature and lacked substantial evidence, as the PQME process was incomplete. The Board found removal was inappropriate, as the injury finding is a final order subject to reconsideration. They adopted the WCJ's report, concluding the applicant met their burden of proof for industrial injury to the disputed body parts.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings of Factindustrial injurybody partssubstantial evidencePanel Qualified Medical EvaluationPQMEextraordinary remedy
References
Case No. ADJ9940342
Regular
Mar 07, 2023

LAZARO DE LA TORRE VALDES vs. A&B LOGISTICS, INC., ARMAN AKOPIAN, BEKZOD KHODJAKHONOV

The California Workers' Compensation Appeals Board affirmed a prior award finding the applicant 100% permanently and totally disabled, determining the applicant's earnings stipulation was valid and the defendants' due process rights were not violated by discovery closure. The Board found the Agreed Medical Examiner's report constituted substantial evidence, rejecting claims that the examiner's retirement prevented a fair hearing. Finally, the Board amended the award to clarify the liability of the corporate defendant and its substantial shareholders, affirming the original decision in all other respects.

Agreed Medical ExaminerDue ProcessSubstantial Shareholder LiabilityStipulationReconsiderationPermanent Total DisabilityClosure of DiscoveryService of ProcessCorporations Code Section 2011(b)Labor Code Section 3717.1
References
Case No. ADJ802487
Regular
Oct 30, 2014

MANUEL GODINEZ vs. IDD PROCESS & PACKING, INC.; SUSAN and JEFFREY GUNN, substantial shareholders

This case involves an applicant, Manuel Godinez, seeking workers' compensation benefits for a back injury allegedly sustained on December 14, 2007. The Administrative Law Judge (ALJ) denied the claim, finding the applicant did not sustain an injury arising out of and in the course of employment, a decision the Workers' Compensation Appeals Board (WCAB) adopted. The WCAB denied the applicant's Petition for Reconsideration, giving great weight to the ALJ's credibility findings. The applicant's claim faced dismissal for lack of prosecution and later had credibility issues due to inconsistent testimony and medical records not supporting the claimed injury mechanism.

Petition for ReconsiderationWCABLabor Code § 5903Findings of FactCredibilityIndustrial InjuryCourse of EmploymentCausationMedical EvidenceDismissal of Claim
References
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