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

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
0
Case No. OAK 0236748, OAK 0330494, OAK 0330495
Regular
Jul 30, 2007

REINA CABEZAS vs. COUNTY OF ALAMEDA By AIG/TRISTAR, Permissibly Self-Insured By OCTAGON

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the judge's report, which found that the applicant sustained cumulative trauma injuries to her right upper extremity, cervical spine, and psyche. The judge's report, which the Board incorporated, explained that it relied on one physician's opinion as substantial evidence and found the defendant's arguments unpersuasive on the merits.

Workers' Compensation Appeals BoardReina CabezasCounty of AlamedaAIG/TristarOctagonPermissibly Self-InsuredCumulative TraumaRight Upper ExtremityCervical SpinePsyche
References
1
Case No. SDO 360686
Regular
Jun 22, 2008

HANK MOORE vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for rehearing regarding Hank Moore's disability retirement. The Board found the County's arguments regarding the timeliness of their petition and the introduction of newly discovered medical evidence unpersuasive. The existing evidence, particularly from Dr. Esch, sufficiently supported the finding that Mr. Moore's disability was industrially caused.

Workers' Compensation Appeals BoardCalPERS disability retirementdeputy sheriffindustrial injurypermanent disabilityGovernment Code section 21166petition for rehearingnewly discovered evidenceQualified Medical EvaluatorOfficial Address Record
References
1
Case No. ADJ6660217
Regular
Jul 24, 2013

JOSE CASTELLANOS vs. DENNIS PLATT GENERAL CONTRACTOR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration. The lien claimant's lien was dismissed for failure to pay the required activation fee prior to a lien conference. The Board found that notice of the hearing was properly sent, and therefore the lien claimant's assertion of non-receipt was unpersuasive. Consequently, dismissal of the lien for non-payment of the activation fee was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantLabor Code section 4903.6(b)WCJEAMSLien conferenceActivation feeDismissal with prejudiceDeclaration of readiness
References
0
Case No. ADJ2183666 (RDG 0113898) ADJ2837745 (RDG 0113903)
Regular
Sep 17, 2008

RONALD TYLER vs. REDDING LUMBER TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's reconsideration request regarding an admitted industrial injury to the applicant's lungs and respiratory system. The defendant argued for a lower permanent disability rating, claiming a misunderstanding of a stipulation regarding a prior 10% permanent disability award. The Board affirmed the original decision, finding the stipulation regarding the prior 10% award to be binding and unpersuasive of the defendant's interpretation.

WCABRedding Lumber TransportState Compensation Insurance FundRonald TylerADJ2183666ADJ2837745industrial injurylungsrespiratory systempulmonary system
References
1
Case No. LBO 0286709
Regular
Jul 12, 2007

FREDDIE C. MOSBY, JR. vs. BEST BUY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual Insurance Company's petition for removal, upholding the WCJ's order to exclude the Agreed Medical Evaluator's (AME) reports and depositions. The Board adopted the WCJ's reasoning that the exclusion was appropriate, finding the defendant's arguments regarding ex parte communications and invited error unpersuasive. The case is now returned to the trial level for further proceedings.

Petition for RemovalAgreed Medical Evaluator (AME)Ex Parte CommunicationsInvited ErrorPrejudicialWCJ Report and RecommendationDiscovery Not ClosedTrial LevelWorkers' Compensation Appeals Board (WCAB)Liberty Mutual Insurance Company
References
0
Case No. ADJ950271 (SBR 0337888) ADJ2677930 (SBR 0308933) ADJ4439180 (SBR 0330322) ADJ340658 (SBR 0282268)
Regular
Jun 23, 2011

MARTHA M. ALLEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration but denied their petition for removal and disqualification. The Board clarified that the WCJ did not exclude defense medical reports but found them unpersuasive, and noted that the defendant's allegations against the WCJ were unprofessional. The Board amended the award to defer the issue of temporary disability underpayment in ADJ4439180, acknowledging it likely stemmed from a mistaken stipulation, and returned the matter for further proceedings.

Petition for RemovalPetition for DisqualificationPetition for ReconsiderationFurther Development of the RecordTemporary Disability IndemnitySelf-Procured Medical TreatmentAverage Weekly EarningsQualified Medical Evaluator (QME)Labor Code Section 5701Labor Code Section 5502(e)(3)
References
4
Case No. ADJ942502; ADJ1222768; ADJ1116380
Regular
Sep 16, 2014

ANA ROMERO vs. FULLERTON FOODS, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of an award of permanent and total disability to Ana Romero. The Board adopted the judge's report, which found substantial evidence in the opinion of an agreed medical examiner, Dr. Stalberg, who concluded the applicant was unable to work. The defendants' contention that Dr. Stalberg's opinion was unreliable due to applicant's functional capacity evaluation efforts was unpersuasive, as AMEs are presumed to be neutral experts.

WCABPetition for Reconsiderationsubstantial evidenceagreed medical examiner (AME)permanently and totally disabledfunctional capacity evaluation (FCE)opinion of physicianpersuasiveunpersuasiveexpertise
References
2
Case No. ADJ10863930
Regular
Aug 05, 2019

BERNARDINO HERNANDEZ vs. HAMMERHEAD AVIATION, PREFERRED EMPLOYERS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the applicant sustained injuries to his neck, elbows, and bilateral extremities, based on substantial evidence from treating physicians. The Board found the defendant's argument that the medical opinions were conclusory unpersuasive, and the PQME's opinions on causation lacked sufficient reasoning. The applicant's proof of injury arising out of and occurring during employment was found to be reasonably probable.

WCABPetition for ReconsiderationFindings of Fact and OrderInjuryNeckElbowsBilateral ExtremitiesPost-termination defenseLabor Code Section 5412Substantial Evidence
References
0
Case No. STK 201844
Regular
Feb 08, 2008

GURMIT JHUTTI vs. FOSTER FARMS

The Workers' Compensation Appeals Board denied reconsideration of the decision finding the applicant did not sustain the alleged injury. The denial was based on the applicant's nearly five-year delay in filing the claim and the fact that the claim was filed on the same day as a reconsideration petition for a prior, related injury case, raising suspicion of a "back-up" strategy. Furthermore, the applicant failed to meet his burden of proof, with unpersuasive testimony and a lack of corroborating evidence.

Workers' Compensation Appeals BoardReconsideration DeniedApplicantDefendantFoster FarmsGurmit JhuttiSTK 201844Delay in Filing ClaimAOE/COEUnpersuasive Medical Report
References
1
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