CA Workers Comp Appeals Board

Richard Irby Sr. v. United Continental Holdings - Home Health Care Reconsideration Denied

The California Workers' Compensation Appeals Board denied defendant United Continental Holdings' petition for reconsideration of a January 14, 2026 Findings of Fact and Award in ADJ18785621 and ADJ18785634. The underlying decision found that applicant Richard Irby Sr., a composite technician/mechanic, sustained industrial injury to his cervical spine and that 40 hours weekly of home health care services was medically necessary. The Appeals Board rejected defendant's argument that additional information was required regarding estimated services, hours, and duration before determining medical necessity.

Sean Vice vs. Shasta County Office of Education - Industrial Injury Claim Denied

The California Workers' Compensation Appeals Board denied Sean Vice's Petition for Reconsideration of a WCJ's Findings and Order denying his industrial injury claim. The Appeals Board upheld the WCJ's credibility determination favoring a co-worker's testimony that applicant injured himself playing hockey rather than at work. The 60-day statutory deadline under amended Labor Code section 5909 was satisfied.

Luna v. Tesla Motors Inc. - Reconsideration Denied

The California Workers' Compensation Appeals Board denied Tesla Motors' petition for reconsideration of an Amended Findings and Orders issued by a workers' compensation administrative law judge. The WCAB clarified that the decision constitutes a final order on threshold issues (employment and insurance coverage) and corrected the F&O to add a heading containing both case numbers. The WCAB deferred as premature defendant's request to replace QME Dr. Derby, directing that issue be raised first with the trial-level WCJ.

Dr. Schwarz Lien Not Dismissed, WCAB Denies Petition for Reconsideration

The California Workers' Compensation Appeals Board denied defendant's petition for reconsideration, upholding that Dr. Schwarz's medical liens were not dismissed despite arguments that declarations under Labor Code sections 4903.05 and 4903.8 were untimely filed. The WCJ had found that lien claimant timely filed the required declarations and that even where untimely, no consequence for late filing applies. The $210,000 settlement and $119,632.21 lien amount remain at issue.

QME Panel Replacement Reconsideration Denied

The California Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration regarding a replacement QME (Qualified Medical Evaluator) panel. The Appeals Board affirmed the WCJ's finding that applicant validly requested replacement QME panel number 3622506 on March 5, 2025, after Dr. Willoughby allegedly failed to timely schedule within 120 days. Dr. Kofi D. Agyeman remains the orthopedic surgery QME. The decision was issued within the 60-day statutory deadline under amended Labor Code section 5909.