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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. ADJ6688237
Regular
Jun 10, 2013

Celina Acevedo vs. William Sanchez-Barrera, UEF

The Workers' Compensation Appeals Board denied reconsideration of a decision that found applicant Celina Acevedo was not an employee of William Sanchez-Barrera. The Administrative Law Judge's (ALJ) credibility finding against the applicant was central to the decision. The ALJ found the applicant's testimony regarding her employment and the severity of her claimed injury lacked credibility, while the defense witness's testimony was deemed credible. Therefore, the board adopted the ALJ's report and recommendations.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingEmployment RelationshipHousekeeperInjury AOE/COEWitness TestimonyEmployment RecordsApplicant Credibility
References
Case No. ADJ9103550
Regular
May 13, 2015

GERARDO GONZALEZ vs. CTS MFG ELECTRONICS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ), who determined the applicant was not entitled to benefits. The WCJ found the applicant lacked credibility, particularly regarding reporting his alleged injury before termination. Credible defense witnesses contradicted the applicant's account, and the applicant's own email communications failed to mention any injury.

Petition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.denial of benefitsunreported injurytermination of employmentdefense witnessesdeposition testimonye-mail communicationswitness credibility
References
Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code § 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
Case No. ADJ8414182
Regular
Feb 25, 2014

VICTOR LEDESMA, (VICTOR GOMEZ LEDESMA) vs. GROUP MANUFACTURING SERVICES, HANOVER INSURANCE GROUP

This case involves a workers' compensation claim for a left ankle and foot injury. The defendant sought reconsideration of the decision, arguing the applicant's testimony was less credible, the claim was barred as post-termination, exhibits were improperly admitted, and a defense witness was wrongly excluded. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The judge found the applicant's testimony credible, noting inconsistencies and misrepresentations in the defendant's arguments and witness testimonies. Specifically, the judge determined the termination date was not a bar, the admission of exhibits was proper, and the exclusion of the unlisted rebuttal witness was warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.denial of reconsiderationoccupational injuryleft ankle and footdeburrerdenied claim
References
Case No. ADJ8944771
Regular
Apr 14, 2015

OSCAR CARBALLO vs. THE WATERFRONT HOTEL, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board affirmed the Workers' Compensation Judge's (WCJ) finding that the applicant failed to prove their injury arose out of and occurred in the course of employment (AOE/COE). The WCJ found the applicant's testimony less credible than the defense witnesses, who testified the applicant claimed injury at home. The Board gave great weight to the WCJ's credibility determinations, as the judge had the opportunity to observe the witnesses.

Petition for ReconsiderationWCABInjury AOE/COECredibility DeterminationsWitness DemeanorIndustrial CausationLabor Code 4600(a)(10)Pre-termination TreatmentDefense WitnessesApplicant Testimony
References
Case No. ADJ8621523
Regular
Oct 27, 2015

MEI YING CHEN vs. JOHNSON LEATHER CORPORATION

The Workers' Compensation Appeals Board dismissed Johnson Leather Corporation's petition for reconsideration of a findings and award. The original award found the defendant violated Labor Code section 132a by terminating an employee for intending to file a workers' compensation claim. The defendant sought reconsideration based on newly available witnesses, but the Board found the petition lacked specific legal arguments and evidentiary support from the record. Furthermore, the defendant failed to demonstrate why these witnesses were unavailable at the original trial or request a continuance.

Labor Code section 132adiscriminatory dischargePetition for ReconsiderationFindings and Awardworkers' compensation injuryunavailable witnessesReport and Recommendationcredibility determinationWCJ credibilitymanagerial testimony
References
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
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