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

Case No. ADJ1028901
Regular
May 28, 2010

Donald Bouchard vs. Atlas Ornamental, State Compensation Insurance Fund

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award. The applicant claimed injury in a vehicular accident while en route to a worksite. The administrative law judge found the injury arose out of and occurred in the course of employment, primarily relying on the applicant's credible testimony that a call from his employer prompted the travel. The defendant's petition for reconsideration was dismissed as untimely. Even if timely, the Appeals Board indicated it would have denied the petition due to sufficient evidence supporting the WCJ's credibility determination.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactIndustrial InjuryVehicular AccidentGoing and Coming RuleBurden of ProofAdverse InferenceService of DecisionTimeliness
References
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Jun 19, 2009

Cesar Ramirez vs. Time Warner Cable, ESIS, INC.

This case concerns a denial of reconsideration for a workers' compensation claim. The Appeals Board reaffirmed its prior decision that the applicant did not sustain an industrial injury arising from a motor vehicle accident. The applicant's alleged ventricular fibrillation was deemed a spontaneous event unrelated to his employment, and his belated recollection of the accident was not credited as substantial evidence of industrial causation. The Board maintained its authority to reweigh evidence and reject the findings of the administrative law judge.

Workers' Compensation Appeals BoardCesar RamirezTime Warner CableESIS Inc.petition for reconsiderationindustrial causationmotor vehicle accidentlone ventricular fibrillationburden of proofdelayed memory
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
Case No. ADJ7039301
Regular
Mar 16, 2011

ROBLY HART vs. LA JOLLA PACIFIC/DRR NEFF & ASSOCIATES, OAKS RIVER INSURANCE/BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case concerns Robly Hart's workers' compensation claim for an injury sustained in a motorcycle accident. The applicant was a construction consultant who used his motorcycle for work, traveling between home, job sites, and interviews. The primary dispute centers on whether the accident occurred during the course and scope of his employment, with conflicting evidence regarding his activities and timeline leading up to the incident. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found the applicant's testimony lacked credibility due to inconsistent statements and timeline discrepancies.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.Findings and OrderCourse of EmploymentConstruction ConsultantBuilding InspectorMotorcycle TravelJob Sites
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ4118306
Regular
May 15, 2012

SUSAN KLEINMAN vs. STATE OF CALIFORNIA, STATE PERSONNEL BOARD, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

In this workers' compensation case, the defendant sought reconsideration of a finding awarding the applicant 100% permanent disability. The defendant argued that the applicant waived the issue of Labor Code section 4662 by not raising it in the pre-trial statement and that the evidence did not support a 100% disability finding. The Administrative Law Judge recommended denial, finding substantial evidence from multiple medical reports, including psychiatric evaluations, supported the 100% award. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the defendant's petition for reconsideration.

WORKERS' COMPENSATION APPEALS BOARDFindings & Awardpermanent disabilityLabor Code section 4662substantial evidencePetition for ReconsiderationReport and Recommendationvehicular accidentpsychiatristvocational rehabilitation expert
References
Case No. ADJ7715131
Regular
Jun 28, 2017

CHRISTINE CHAVEZ vs. YOUNG'S MARKET COMPANY, LLC, CANNON COCHRAN MANAGEMENT SERVICES, INC.

In this workers' compensation case, the defendant sought removal of an order staying discovery pending a Mandatory Settlement Conference (MSC). The defendant argued the stay caused irreparable harm, preventing them from discovering the impact of the applicant's recent back surgery. The Appeals Board granted removal, agreeing that the premature closure of discovery would cause prejudice. They returned the case to the trial level to expedite an MSC for a proper determination on additional discovery.

Petition for RemovalMandatory Settlement Conferencesubstantial prejudiceirreparable harmadditional discoverylabor code section 5502(d)(3)lumbar spinecumulative trauma injuryvocational rehabilitation evaluationagreed medical evaluator
References
Case No. ADJ4476010 (SDO 0342658) ADJ4527276 (SDO 0343898)
Regular
Oct 27, 2008

TANIA ESQUIVEL vs. CORRECTIONS CORPORATION OF AMERICA SAN DIEGO DETENTION, NEW HAMPSHIRE INSURANCE COMPANY

This case involved an applicant injured in a motor vehicle accident while traveling to a medical appointment for prior industrial injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the trial judge's finding that the motor vehicle accident was a compensable consequence. The WCAB ruled the injury was not compensable due to the excessive distance from the applicant's home and the medical provider, thus exceeding the employer's reasonable geographic risk.

Workers' Compensation Appeals Boardcompensable consequenceindustrial injurymotor vehicle accidentcorrectional officerprimary treating physicianBehavior Pain ServicesLabor Codegoing and coming rulespecial mission
References
Case No. ADJ8004482
Regular
Sep 04, 2012

SETH PATRICK LANTZ (PATRICK LANTZ), Deceased; SHANNON M. LANTZ, Individually And As Guardian Ad Litem For ZANE A. LANTZ; KODY R. LANTZ; HALEY M. FITZJERRELL, And TYLER P. LANTZ, Minors vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS PLEASANT VALLEY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Lieutenant Seth Patrick Lantz's fatal car accident during his commute arose from his employment. The WCAB found the accident did not arise out of or in the course of employment, reversing the prior decision. The Board determined the "going and coming rule" applied, as Lieutenant Lantz's extended shift and acting as watch commander did not constitute a special mission exception. Therefore, the death benefit claim was denied.

Workers' Compensation Appeals BoardDeath BenefitsGoing and Coming RuleSpecial Mission ExceptionCommuteIndustrial InjuryCorrectional OfficerWatch CommanderReconsiderationFindings of Fact
References
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