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

Case No. ADJ6958416
Regular
May 19, 2011

Norma Zell vs. ALAMEDA COUNTY, SEDGWICK CMS

The Workers' Compensation Appeals Board granted the applicant's first petition for reconsideration, amending the original award to increase her permanent disability rating from 20% to 24% based on corrected medical calculations. The Board denied the applicant's second petition for reconsideration regarding her left wrist injury, adopting the judge's reasoning that it was not a compensable industrial injury. The original finding of a cumulative industrial injury to the right wrist during her employment as a deputy sheriff was affirmed. The award was amended to reflect the 24% permanent disability rating and adjusted attorney fees.

Workers' Compensation Appeals BoardCumulative Industrial InjuryRight Wrist InjuryDeputy SheriffPermanent Disability RatingAMA GuideWhole Person ImpairmentPetition for ReconsiderationFindings and AwardDecision After Reconsideration
References
Case No. ADJ7220018
Regular
Jul 23, 2012

LORENZO HERNANDEZ vs. TOYOTA OF GLENDALE, UNITED STATES FIRE INSURANCE CO.

The Appeals Board granted the defendant's petition for reconsideration of the initial award. The original award found the applicant sustained industrial injuries to his left knee, low back, wrists, and feet, and awarded temporary disability benefits. The Board rescinded the award and returned the matter to the trial level to clarify the correct insurance carrier and correct a finding regarding the applicant's right, not left, knee injury. Additionally, the defendant must provide further details on temporary disability payments and EDD lien credits.

Petition for ReconsiderationFindings Award and Orderindustrial injurymechanic technicianleft kneelow backright wristleft wristbilateral feetpsyche injury
References
Case No. ADJ6994308
Regular
Aug 19, 2010

SUSAN TAYLOR vs. CITY & COUNTY OF SAN FRANCISCO

This case involves a nurse, Susan Taylor, who sustained an industrial injury. The Workers' Compensation Appeals Board (WCAB) denied the employer's petition for reconsideration and corrected a clerical error. The Board affirmed the award of temporary total disability indemnity, finding the applicant intended to return to work despite some confusion regarding her retirement status. The WCAB also determined the employer improperly delayed challenging the industrial causation of the applicant's wrist surgery.

Workers Compensation Appeals BoardPetition for ReconsiderationClerical ErrorTemporary Total DisabilityIndustrial InjuryRight ThumbBilateral WristsLeft Wrist SurgeryPost-Retirement IncomeQualified Medical Evaluator (PQME)
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. ADJ1862277 (AHM 134032)
Regular
Aug 02, 2010

Barbara Gross vs. SLATER BROTHERS MARKETS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's permanent disability and an Employment Development Department (EDD) lien. The WCAB rescinded the prior decision, finding the administrative law judge (WCJ) erred by not fully considering the vocational evaluator's opinion on the applicant's total loss of earning capacity. The case is returned for the WCJ to reevaluate permanent disability, considering the vocational expert's testimony alongside the AMA Guides, and to further address the EDD lien.

Workers' Compensation Appeals BoardSlater Brothers MarketsSpecialty Risk ServicesADJ1862277Findings Award & OrderIndustrial InjuryLeft ShoulderNeckWristLeft Elbow
References
Case No. ADJ3827044 (VNO 0434416)
Regular
Oct 11, 2010

ERIKA GUEDEL vs. KAISER PERMANENTE, Permissibly Self-Insured

This case involves an applicant seeking reconsideration of a workers' compensation award that found industrial injury to her wrists and cervical spine, causing 13% permanent disability. The original award failed to address medical treatment for the applicant's wrists, and denied her claim for psychiatric injury. The Appeals Board granted reconsideration to amend the decision, adding an award for future medical treatment for all injured body parts, but otherwise affirmed the original findings, including the denial of the psychiatric injury claim.

Workers' Compensation Appeals BoardKaiser PermanenteFindings and AwardWCJindustrial injurywristscervical spinepermanent disabilityapportionmentmedical treatment
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ10234015 (MF) ADJ10537501
Regular
Feb 21, 2017

DON PONCE vs. BARRETT BUSINESS SERVICES, INC., permissibly self-insured; STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's Petition for Reconsideration. The Board affirmed the WCJ's finding that the applicant sustained a cumulative trauma injury to his left wrist during his employment with the defendant. This finding was based on medical evidence indicating the wrist injury resulted from increased stress due to work duties after previous shoulder surgery. The Board clarified that even if the wrist injury was a consequence of a prior industrial injury, it was still compensable as an aggravation of a pre-existing condition directly attributable to the subsequent employment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationCumulative Trauma InjurySpecific InjuryCompensable ConsequencePrior Industrial InjuryShoulder InjuryWrist InjuryTruck Driver
References
Case No. ADJ7119489
Regular
Mar 11, 2011

TERESA PEREZ vs. ACCORD LODGING NORTH AMERICA/ MOTEL 6, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns applicant Teresa Perez's claim for industrial injury to her neck, shoulder, arm, hand, and wrist. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's request for removal regarding the validity of Qualified Medical Evaluator (QME) panels. The WCAB affirmed the findings of the administrative law judge (ALJ) that panel #1160421 is valid, finding the defendant's initial request for a panel premature. The WCAB also ruled that a prior QME selection in a different case did not mandate its use here.

Workers' Compensation Appeals BoardRemovalReconsiderationFindings and OrdersQualified Medical EvaluatorAgreed Medical EvaluatorLabor Code section 4062.2(b)Code of Civil Procedure section 1013WCAB Rule 10507Service by mail
References
Case No. ADJ8208920
Regular
Aug 16, 2012

TROY HUGHES vs. SHIMMICK CONSTRUCTION COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves two distinct industrial injuries to applicant's left shoulder and right wrist. The defendant appealed an award of temporary disability, arguing the injuries and their periods of disability overlapped. The Board affirmed the award of temporary disability for the left shoulder, commencing August 20, 2010, for up to 104 weeks. Credit was granted for 2.5 weeks of previously paid temporary disability for the right wrist against the left shoulder award. The Board adopted the Arbitrator's reasoning regarding distinct injuries and periods of disability.

Workers' Compensation Appeals BoardIndustrial InjuryLeft ShoulderRight WristCollective Bargaining AgreementLabor Code Section 3201.5Findings and AwardTemporary Disability IndemnityPetition for ReconsiderationArbitrator
References
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