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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
Case No. ADJ10079944
Regular
Feb 26, 2019

Robert Fndkyan vs. Opus One Labs, Employers Compensation Insurance Company

This case concerns an applicant's entitlement to a Supplemental Job Displacement Voucher (SJDV). The original decision denied the SJDV due to the absence of a specific Physician's Return-to-Work form. However, the Appeals Board granted reconsideration, finding that the employer was sufficiently informed of the applicant's permanent disability status and work restrictions through a Qualified Medical Evaluator's report. Therefore, the Board determined that the applicant substantially complied with the requirements and is entitled to the SJDV, prioritizing substance over strict adherence to a particular form.

Supplemental Job Displacement VoucherPhysician's Return-To-Work and Voucher formQualified Medical Evaluation ReportLabor Code section 4658.7(b)permanent and stationary statuspermanent partial disabilityvocational statuswork capacitysubstantial complianceform over substance
References
Case No. ADJ429247 (ANA 0407707)
Regular
Nov 14, 2008

DIANE FLEMING vs. SANTA ANA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to review a trial transcript concerning a teacher's industrial injury claim. The defendant school district disputes the finding that the applicant sustained an injury while transporting school work home, arguing it does not qualify as an exception to the going and coming rule. The Board needs the transcript to accurately assess the facts and testimony before issuing a just decision.

Workers' Compensation Appeals Boardindustrial injuryteacherbreak-inhome as second worksitegoing and coming rule exceptiontransporting school workwhite-collar exceptionreconsiderationadministrative law judge
References
Case No. ADJ9123534
Regular
Jul 18, 2015

PHILLIP WARD vs. CITY OF FORT BRAGG, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended an award, finding the defendant liable for a 15% increase in permanent disability benefits. This increase is due to the defendant's failure to offer the applicant qualified work within 60 days of his permanent and stationary status, as required by Labor Code section 4658(d)(2). While the applicant had retired, the Board found this did not excuse the employer from making a compliant work offer. The amended order clarifies the increase applies only to payments made 60 days after the Qualified Medical Evaluator's permanent and stationary report.

Labor Code section 4658(d)(2)permanent disability increaseoffer of workmodified workalternative workregular workpermanent and stationary60-day periodretirementCalPERS
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. ADJ2634372 (OAK 0327509)
Regular
Jan 21, 2011

THE INDI MARSHALL vs. VISALIA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

In this case, the applicant, Heidi Marshall, appealed the original findings of her permanent disability rating and the lack of a work offer from her employer, Visalia Unified School District. The Board granted reconsideration, amending the temporary disability award to end on February 5, 2007. Crucially, the Board reversed the original finding on the 15% permanent disability increase under Labor Code section 4658(d)(2), finding that the applicant's retirement was directly caused by her injuries, thus entitling her to the increase despite not having received a work offer. The Board affirmed the WCJ's decision regarding apportionment and the exclusion of the Agreed Medical Examiner's specific impairment percentage.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPermanent DisabilityAgreed Medical ExaminerWhole Person ImpairmentLabor Code section 4658(d)(2)Modified WorkAlternative WorkPermanent and Stationary
References
Case No. ADJ9140416
Regular
Oct 10, 2014

MARIA FITZPATRICK vs. ANTELOPE VALLEY UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The Board affirmed the original award of temporary disability indemnity benefits to the applicant, Maria Fitzpatrick. This award was based on her lost earning capacity during summer months, as she was prevented from performing modified work due to her industrial injury. The majority found the applicant credible regarding her inability to secure summer employment due to her injury and the defendant's actions. One commissioner dissented, arguing the applicant failed to prove she applied for or would have worked during the summer months in question.

Temporary Disability IndemnityFindings of Fact and AwardPetition for ReconsiderationWCJ credibilityModified WorkMedical LeaveEarning CapacitySummer WorkIndustrial InjuryBurden of Proof
References
Case No. ADJ1636669 (VNO 0498395)
Regular
Mar 25, 2011

SUZANNE ESTRADA KWON vs. ANTELOPE VALLEY SCHOOLS TRANSPORTATION AGENCY, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, TIG

This case involves a workers' compensation claim for a bus driver injured over a cumulative period. The petitioner, Antelope Valley Schools Transportation Agency (AVSTA), sought reconsideration of an award finding it liable for permanent disability. The Board granted reconsideration to correct the awarded amount to $20,025.00, reflecting 75% of the applicant's permanent disability attributed to the cumulative injury. The Board affirmed the finding that AVSTA was solely responsible for this portion, adopting the WCJ's reasoning.

Workers' Compensation Appeals BoardAntelope Valley Schools Transportation AgencyPermissibly Self-InsuredCumulative InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorMedical TreatmentAttorney's FeePetition for Reconsideration
References
Case No. VNO 523244
Regular
Aug 04, 2008

ANGIE JAUREGUI vs. MERCY SOUTHWEST HOSPITAL

This case involves an employer seeking reconsideration of a workers' compensation award for an injured nurse. The employer argued their modified work offer should have reduced the permanent disability award, but the Board denied reconsideration. The Board determined the employer's work offer was not a bona fide modified work offer, and thus did not qualify for the statutory reduction.

Permanent and stationaryMedical-legal reportWork restrictionsModified workAlternative workLabor Code Section 4658(d)Permanent disability awardPetition for reconsiderationFindings and AwardWCJ
References
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