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Case Law Database

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

Case No. ADJ12075922
Regular
Sep 12, 2025

DANIEL STRAMBI vs. CITY OF FOSTER CITY, THE CITIES GROUP

Defendant sought reconsideration of a Findings of Fact and Award which found applicant sustained injury to multiple body parts resulting in 69% permanent disability and that defendant unreasonably delayed payment of temporary and permanent disability indemnity, leading to penalties. The Appeals Board denied the petition, agreeing with the WCJ's determination that the AME's findings on permanent disability, including the interpretation of AMA Guides for varus deformity and the adding of knee disabilities, constituted substantial evidence. The Board also upheld the imposition of penalties for the defendant's unreasonable delays in paying both temporary and permanent disability benefits.

StrambiCity of Foster CityPetition for ReconsiderationFindings of Fact and Awardpermanent disabilityAgreed Medical Evaluator (AME)Dr. Peter MandellLabor Code section 5814penaltiesunreasonable delay
References
Case No. ADJ9585461
Regular
Feb 02, 2017

TONY DE LA GARZA vs. ROLL GLOBAL/DEL REY JUICE PLANT dba POM WONDERFUL, Permissibly Self-Insured, Administered by BROADSPIRE

The WCAB dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, and denied it. The Board affirmed the WCJ's order requiring the defendant to authorize surgical treatment. The defendant's initial challenge was based on a prior IMR denial, but the Board found a material change in facts occurred when the treating physician clarified the surgery's non-cosmetic, functional purpose. The Board concluded the subsequent UR certification was valid and the defendant must authorize the treatment.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings and OrderUtilization ReviewIndependent Medical ReviewMedical TreatmentSurgical ProcedureScar DeformityPainful Scar
References
Case No. ADJ3383603 (VNO 0401532)
Regular
Jul 14, 2010

Abraham Burke vs. Mansur Industries, Inc., St. Paul Travelers

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that terminated Abraham Burke's temporary disability benefits. The Board found that Burke's delay in deciding to undergo complex cervical surgery was reasonable given the severity of his condition and the need for multiple expert opinions. Consequently, Burke was found to continue to be temporarily totally disabled pending his recovery from the surgery, and the defendant's petition to terminate benefits was denied.

Temporary disabilityReconsiderationFindings and AwardAgreed Medical Examinersurgical interventioncervical spinefusionhardware removalkyphotic deformityplastic surgeon
References
Case No. ADJ8762477
Regular
Nov 07, 2014

JAVIER RAMIREZ vs. SPACE LOK, INC.; REPUBLIC UNDERWRITERS INSURANCE, administered by SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration, reversing the original finding of 36% permanent disability. The Board found the WCJ erred by not giving sufficient weight to the PQME's opinion, which suggested a higher impairment rating for the applicant's thumb injury based on factors not explicitly covered by the AMA Guides. Consequently, the applicant's permanent disability was increased to 51%, and their attorney's fee was adjusted accordingly. The decision highlights the principle that medical opinions may deviate from strict AMA Guides application when clinical judgment and comparable impairments are warranted.

Permanent Disability RatingReconsiderationPanel Qualified Medical Evaluator (PQME)Almaraz/GuzmanAMA GuidesWhole Person Impairment (WPI)Substantial EvidenceMedical Expert OpinionGrip StrengthThumb Deformity
References
Case No. ADJ8063851, ADJ8061988
Regular
Dec 01, 2014

HASSAAN SALAAM, HASAAN SALAAM vs. TRADESMEN INTERNATIONAL, INC., NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the original findings and award for applicant Hassaan Salaam. The defendants' petition argued insufficient evidence for certain injury findings and questioned the connection between dehydration and cumulative trauma. The Board adopted the WCJ's report, which found the evidence supported the award, clarified distinct injury mechanisms, and noted a correctable clerical error in case numbers. Reconsideration was denied, with the case to be returned to the WCJ for correction of the clerical error.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeJoint Findings and AwardClerical ErrorDehydrationCumulative TraumaWelderMillwrightRepetitive Bending
References
Case No. ANA 0370435 ANA 0370455
Regular
Oct 16, 2007

ARNOLD FRANCIS (Deceased), AMELIA FRANCIS (Widow) vs. GARDEN GROVE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, CSEA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's finding that the decedent's death was industrially caused. The Board found that the medical evidence did not support a causal link between the decedent's left ankle injury and his death, adopting the opinion of Dr. Jay. Therefore, the decedent's death was not found to be causally related to his industrial injury.

Arnold FrancisAmelia FrancisGarden Grove Unified School DistrictCSEAState Compensation Insurance FundANA 0370435ANA 0370455Joint Findings and OrderWCJindustrial injury
References
Case No. ADJ8007922
Regular
Aug 13, 2013

CHRISTOPHER RUBIO vs. GENERAL ATOMICS, ZENITH INSURANCE COMPANY

This case involves a dispute over the permanent disability rating for an applicant's left shoulder injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the original award. The WCAB found the treating physician's medical evidence regarding the applicant's whole person impairment (WPI) to be inconsistent and confusing. Therefore, the WCAB rescinded the original decision and returned the matter to the trial level for further development of the record, including potentially a re-examination by the physician.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityWhole Person ImpairmentTreating PhysicianDeposition TestimonyAMA GuidesShoulder InstabilityBankart Lesion
References
Case No. ADJ9799720
Regular
Jan 29, 2016

HOWARD GARNER vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a transcription error, amending the findings to reflect an injury to the applicant's left "little" toe instead of the left "middle" toe. The applicant's petition for reconsideration was denied, as the Board found no evidence to support claims of injury to his hand, hip, or a deformed left little toe, and the medical examiner did examine the relevant body part. The decision affirmed the findings of no permanent disability or need for further treatment for the left little toe.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerPanel Qualified Medical ExaminerTranscription ErrorLeft Little ToePermanent Partial DisabilityFurther Medical TreatmentDepartment of Corrections and Rehabilitation
References
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