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

Case No. ADJ1232764
Regular
Mar 24, 2009

ALEXANDRA CULLEN-WRIGHT vs. CUMMINS & WHITE, LLP, STATE COMPENSATION INSURANCE FUND

Applicant sought reconsideration of a WCAB decision denying jurisdiction to amend a prior award, arguing her RSD constitutes an insidious, progressive disease exempting it from the five-year statute of limitations. The Board denied reconsideration, finding the applicant failed to demonstrate her RSD met the criteria for an insidious, progressive disease as defined in *General Foundry Service v. WCAB*. Furthermore, the Board noted the original decision did not reserve jurisdiction and no timely petition to reopen was filed to address this possibility. Therefore, the WCAB lacked jurisdiction to amend the award over five years post-injury.

Workers' Compensation Appeals BoardLabor Code Section 5804cumulative injurycomplex regional pain syndromeRSDagreed medical examinersubstantial evidencepermanent and stationarysympathetic ganglion blockpetition to set aside
References
Case No. ADJ6772495; ADJ7394371; ADJ11006855; ADJ7648530; ADJ6788916
Regular
Oct 22, 2025

Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, Kuchita Hawthorne vs. Learning Care Group, Coca Cola Enterprises, IHSS Solano County, AC Transit, UPS

Applicants Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, and Kuchita Hawthorne filed a joint Petition for Removal challenging a Workers' Compensation Judge's (WCJ) July 13, 2022 orders. These orders denied their petitions to set their cases on a non-OD-Legal block day and to terminate all OD-Legal Block days at the Oakland District Office, citing the WCJ's lack of authority. The Appeals Board, after reviewing the petition and the WCJ's report, denied the Petition for Removal. The Board determined that removal, an extraordinary remedy, was not warranted as the petitioners failed to show substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy.

Petition for RemovalWCABWCJOD-Legal Block DayScheduling AuthorityExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAppeals Board
References
Case No. ADJ3314150 (LBO 0297361)
Regular
Nov 03, 2008

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board dismissed the defendant's petition for reconsideration of the order denying a deposition, as it was not a final decision. However, removal was granted to allow for further proceedings at the trial level to determine if good cause exists for another deposition. Additionally, the Board granted reconsideration on its own motion and rescinded a subsequent award due to the WCJ exceeding their jurisdiction while a reconsideration petition was pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDepositionApplicantDefendantWCJLabor Code section 5900Final OrderDiscovery
References
Case No. ADJ2148650
Regular
Sep 30, 2011

BRET ROSS vs. ALLERGAN, INC., AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior decision because the judge failed to make findings on all issues presented. The applicant sought reconsideration of a ruling requiring all medical treatment disputes to go through utilization review (UR), arguing this was unnecessary for chronic conditions. While UR is generally required per Labor Code §4610, the Board found the judge's decision was deficient by not addressing issues like liability for self-procured treatment or treatment outside the MPN. The case was returned to the trial level for a new decision that addresses all disputed issues.

Utilization ReviewPeroneal Nerve BlocksReflex Sympathetic DystrophySelf-Procured TreatmentLabor Code Section 4600Labor Code Section 4610Medical Treatment NecessityChief of SecurityPermanent DisabilityPrimary Treating Physician
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
Case No. ADJ3976429 (AHM0117091) & ADJ2299501 (AHM0140858)
Regular
Feb 04, 2010

MARY JO WILLIAMS vs. ARTHUR J. GALLAGHER & CO.; HARTFORD SPECIALTY RISK SERVICES, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to set aside a previous award based on allegations of fraud and physical improvement, but failed to provide sufficient evidence. The Board found the defendant's evidence of fraud unpersuasive and that a recent deposition did not establish such claims. Consequently, the petition for reconsideration was denied.

Petition for ReconsiderationStipulated Findings and AwardDue DiligenceFraudContinuous TraumaAOE/COEPermanent DisabilityStellate Ganglion BlocksRestless Leg SyndromeIntentional Fraud
References
Case No. ADJ2211743 (SBR 0330510)
Regular
Jul 19, 2011

LAURA GIBSON vs. FOREST HOME, INCORPORATED, CHURCH MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's petition regarding reimbursement for medical treatment. Although the petition was not acted upon within the statutory 60-day period, the Board considered it on its merits due to circumstances beyond the claimant's control. The WCJ's report, which was adopted by the Board, found that the lien claimant failed to meet the burden of proof for treatment beyond a single epidural injection. The Board determined that only charges attributable to a single epidural procedure were reasonable and necessary, excluding other procedures like facet blocks and manipulation under anesthesia.

WORKERS' COMPENSATION APPEALS BOARDLAURA GIBSONFOREST HOMEINCORPORATEDCHURCH MUTUAL INSURANCEORDER DENYING RECONSIDERATIONPetition for Reconsiderationlien claimantdue processWCJ report
References
Case No. SBR 0299490
Regular
Feb 25, 2008

DELILAH AVILA vs. DYNCORP, AMERICAN HOME ASSURANCE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration and awarded applicant home health care services based on a diagnosis of industrially-related reflex sympathetic dystrophy (RSD), reversing a prior ruling. The Board affirmed the denial of attorney's fees under Labor Code § 5814.5, finding no unreasonable delay in compensation payment. Issues regarding the duration, provider, and rate of home health care were deferred for further determination.

Reflex sympathetic dystrophyComplex regional pain syndromeHome health careExpedited hearingPetition to reopenQualified medical evaluatorTreating physicianActivities of daily livingLabor Code § 5814.5Attorney's fees
References
Case No. ADJ6639764
Regular
Sep 23, 2010

DENNIS MUSKRAT vs. CALIFORNIA MEN'S COLONY, SCIF STATE EMPLOYEES OXNARD

The Workers' Compensation Appeals Board granted reconsideration to eliminate a 25% penalty previously awarded. The penalty was based on the employer's denial of medial branch blocks, but the Board found the employer's request for clarification from the Agreed Medical Evaluator was reasonable. The AME had failed to cite evidence supporting the treatment recommendation, and the employer's inquiry was justified given this lack of basis. Therefore, the penalty was rescinded, and the employer was ordered to provide the necessary medical treatment.

Workers' Compensation Appeals BoardIndustrial InjuryLumbar SpineTemporary DisabilityMedical Branch BlocksUtilization ReviewAgreed Medical Evaluator (AME)Labor Code Section 5814PenaltyUnreasonable Delay
References
Case No. POM 0245397
Regular
Mar 10, 2008

RUDOLPH FIERRO vs. J. O. STILES, INC., CONTINENTAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of 100% permanent disability for industrial injuries to the applicant's knees, hips, feet, spine, right upper extremity, and reflex sympathetic dystrophy. The Board found that the treating physician's extensive medical opinions and the vocational rehabilitation expert's testimony adequately supported the 100% disability finding, despite the defendant's reliance on an Agreed Medical Evaluator's opinion. The Board emphasized that it is not bound by an AME's opinion and can give it less weight if other evidence is more persuasive.

Reflex sympathetic dystrophyAgreed Medical EvaluatorPetition for reconsiderationPermanent disabilityVocational rehabilitationIndustrial injuryTreating physicianMultiple diagnosesLumbar radiculopathySpinal cord stimulator
References
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