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

Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. SAC 256953, SAC 256954, SAC 256955
Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

This case involves cross-petitions for reconsideration concerning an applicant's workers' compensation claims for upper back/neck, low back, and upper extremity injuries sustained as an airport shuttle driver. The Appeals Board granted both applicant's and defendant's petitions, largely affirming the WCJ's findings but amending several clerical and factual errors. Key amendments include correcting defendant identification, clarifying stipulation regarding the low back injury, adjusting attorney fees and liens, and crediting EDD payments against temporary disability indemnity.

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma
References
Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
Case No. SBA 0083738, SBA 0084753
Regular
Dec 04, 2007

MAGDALENA PINEDA vs. INAMED CORPORATION aka MCGHAN MEDICAL, CIGA by CAMBRIDGE INTEGRATED SERVICES, SAFECO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award. The applicant had sought reconsideration of findings that she sustained industrial injury to her bilateral upper extremities, neck musculature, shoulders, and upper back, but not to her psyche or cervical spine. The Board adopted the WCJ's report and recommendations, denying the petition and noting a potential clerical error in the award regarding medical treatment for the cervical spine and psyche.

Workers' Compensation Appeals BoardMagdalena PinedaInamed CorporationMcGhan MedicalCIGACambridge Integrated ServicesSafecobilateral upper extremitiesneck musculatureshoulders
References
Case No. ADJ7472390
Regular
Mar 09, 2012

MARIA GARCIA vs. TRIBUNE COMPANY dba CALIFORNIA COMMUNITY NEWS, ZURICH AMERICAN INSURANCE c/o GALLAGHER BASSETT

The Appeals Board granted reconsideration, reversing the WCJ's finding that the applicant's claim was not barred by Labor Code section 3600(a)(10). The Board found that the applicant failed to prove by a preponderance of the evidence that her employer had notice of her alleged shoulder injury prior to her termination, or that medical records existed showing the injury before termination. This failure, coupled with the applicant's inconsistent testimony and lack of corroborating evidence, meant her claim was barred as a post-termination injury. Consequently, the Board substituted its own findings, deeming the claim barred under section 3600(a)(10).

Labor Code section 3600(a)(10)post-termination claimnotice of injurytermination or layoffpreponderance of the evidenceindustrial injurypsychesleep lossupper backlower back
References
Case No. ADJ4423882 (BAK 0141772) ADJ4567858 (BAK 0144724) ADJ4703902 (BAK 0144725)
Regular
Dec 01, 2008

JUANITA L. ATCHUE vs. CALIFORNIA CORRECTIONAL INSTITUTION, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration, amending the prior award to limit temporary disability indemnity (TDI) to January 10, 2008, aligning with the applicant's permanent and stationary date. The Board affirmed all other findings, including the applicant's industrial injuries to her psyche, internal systems, back, shoulder, and upper extremities. This adjustment ensures that permanent disability benefits appropriately commence after the applicant reached maximum medical improvement.

WCABcorrectional officerindustrial injurypsycheinternalbackshoulderupper extremitiespermanent disabilitytemporary disability indemnity (TDI)
References
Case No. ADJ3301952 (POM 0298904) ADJ6774915 ADJ7102389
Regular
Jul 10, 2012

DARLENE ROWE vs. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT, INTERCARE INSURANCE

The Workers' Compensation Appeals Board denied Darlene Rowe's petition for reconsideration, upholding the WCJ's finding that she did not sustain industrial injury to her back, knee, or upper extremities. The Board found that Applicant's counsel misunderstood the burden of proof and the medical dispute resolution procedures. Specifically, the Board noted that Dr. Green's reports were the sole medical evidence, and even if insufficient, it meant Applicant failed to meet her burden. Furthermore, the Board clarified the proper procedures for initiating evaluations under Labor Code sections 4060 and 4062, placing the onus on Applicant's counsel to ensure necessary evaluations were conducted by the Agreed Medical Evaluator.

Workers' Compensation Appeals BoardDarlene RoweHacienda La Puente Unified School DistrictIntercare InsuranceOrder Denying Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workers' Comp. Appeals Bd.industrial injuryback
References
Case No. ADJ576600 (VNO 0507700)
Regular
Nov 09, 2009

KAREN MAGILL vs. TUESDAY MORNING, ARROWOOD INDEMNITY COMPANY

The WCJ found industrial injury to applicant's right shoulder, neck, right upper extremity, and back, but not to other body parts. Applicant's petition for reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderNeckRight Upper ExtremityBackTemporary DisabilityPermanent Disability
References
Case No. ADJ4317262 (ANA 0327568)
Regular
Apr 13, 2009

JOSE GONZALEZ vs. BURR ROOFING, INC., SCIF INSURED SANTA ANA

The applicant sought reconsideration of a workers' compensation award, primarily arguing the permanent disability rating undervalued his urological condition and the WCJ erred in not crediting vocational rehabilitation expert opinion. The Appeals Board granted reconsideration solely to award additional attorney fees for temporary disability benefits. While the majority affirmed the WCJ's original findings on permanent disability, a dissenting commissioner argued the urological condition was significantly underestimated and requested a new rating.

Workers Compensation Appeals BoardJose GonzalezBurr RoofingSCIF Insured Santa Anapermanent disabilityapportionmentrooferupper back injurymid back injurylow back injury
References
Case No. ADJ2297894 (POM 0278528), ADJ3191942 (POM 0292415), ADJ128178 (POM 0292417)
Regular
Dec 02, 2013

MARTIN ADAME vs. ANHEUSER-BUSCH, INC., ACE USA INSURANCE, FOOTHILL BEVERAGE COMPANY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address contested findings regarding applicant Martin Adame's industrial injuries. The Board rescinded decisions in two cases (ADJ2297894 and ADJ3191942) concerning injuries to applicant's wrists, neck, and upper back. These cases are returned to the trial level for further development of the record and new decisions. The decision in a third case (ADJ128178), concerning a right wrist injury, was affirmed as no issues were raised.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryTruck DriverCumulative PeriodTemporary Disability IndemnityFurther Medical TreatmentPetitions for ReconsiderationAdministrative Law JudgeFindings and Award
References
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