RGW Significant Cases

Hikida vs. WCAB (Costco Wholesale Corp.) (B279412): The injured worker developed complex regional pain syndrome (CRPS) due to failed carpal tunnel surgery.

2nd District Court of Appeal, June 23, 2020

The injured worker developed complex regional pain syndrome (CRPS) due to failed  carpal tunnel surgery.  The trial judge found that although the CRPS was the sole cause of the permanent disability, since the AME in orthopedics found apportionment to non-industrial factors relating to the carpal tunnel injury, the permanent disability from the CRPS was also subject to non-industrial appo...

Nilsen v. Vista Ford, Pac. Compensation Ins. Co.(2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 528: The injured worker received a 100% permanent and total disability award after it was shown that the factors that caused total disability were separate and apart from other pre-existing medical conditions.

Court of Appeal, Second District, May 10, 2020

The injured worker received a 100% permanent and total disability award after it was shown that the factors that caused total disability were separate and apart from other pre-existing medical conditions. Defendant contended that the permanent disability associated with chronic pain should be apportioned based on the orthopedic medical evaluator's findings. Rowen, Gurvey & Win was able to prev...

de La Cerda v. Martin Selko & Co. 2017 Cal. Wrk. Comp. P.D. LEXIS 533: The WCAB reversed the trial court's findings that the injured worker was entitled to an apportioned award.

WCAB Van Nuys District Office, April 21, 2020

The WCAB reversed the trial court's findings that the injured worker was entitled to an apportioned award. In doing so, the injured worker was ultimately awarded 100% permanent and total disability based on the addition of impairments provided by different medical specialties. The WCAB had not addressed the concept of addition of ratings across different medical specialties prior to this case. &nb...

Boone v. State of California - Department of Transportation (2018) ADJ7974582: The WCAB overturned the trial judge’s findings and awarded the injured worker 100% permanent and total disability.

WCAB Riverside District Office, April 1, 2020

After the trial judge awarded the injured worker 40% permanent disability after suffering a stroke, the WCAB overturned the trial judge’s findings and awarded the injured worker 100% permanent and total disability.  In reversing the trial judge, the WCAB indicated that the reporting physician had failed to explain why pre-existing medical conditions impacted the injured worker’s c...

Belling v. United Parcel Service, Inc. (2015 Cal Wrk. Comp PD Lexis 738): Injured Worker is Entitled to Previously Requested Medical Treatment

WCAB San Francisco, December 21, 2015

Defendant ignored injured worker's treatment requests for 6 months after the WCAB found injury.  WCAB indicated that the defendant had a duty to reach back in the medical file, send all requests for authorization to UR  and provide the injured worker's medical treatment.   

Williams v. County of Los Angeles (ADJ7388209) (WCAB Van Nuys District Office): The Court of Appeal upheld the WCAB and the WCJ’s decision that the injured worker was entitled to 24/7 home care, dismissing the defendant’s argument that the 24/7 care was subject to utilization review.

WCAB San Francisco, September 14, 2017

The Court of Appeal upheld the WCAB and the WCJ’s decision that the injured worker was entitled to 24/7 home care, dismissing the defendant’s argument that the 24/7 care was subject to utilization review.  This case was argued on the “Patterson” theory that utilization review did not apply since there was no change of circumstances that would render utilization review...

Lopez vs. General Wax (ADJ9365173) (WCAB Van Nuys District Office): Rowen, Gurvey & Win secured 100% PD Award and prove a traumatic amputation was a violent act, allowing for psychiatric PD

WCAB San Francisco, June 19, 2017

While working as a candle maker for the employer, the applicant got her right index finger stuck in a machine, resulting in a partial amputation of the finger.  The date of injury was post-1/1/2013.  The WCJ found the applicant to be 100 percent disabled indicating that the “violent act” exception under Labor Code 4660.1(c), resulting in a psychiatric injury. 

Sherman vs. Los Angeles Unified School District (ADJ1001518 & ADJ2087652) (WCAB Van Nuys District Office): Injured Worker Awarded 98% permanent disability while continuing to work for the Defendant

WCAB San Francisco, October 28, 2005

The Defendant sought reconsideration of a Workers’ Compensation Appeals Board due to a dispute of PD in the amount of 98% because the injured worker continued her employment with the Los Angeles Unified School District and the employer argued that the injured worker’s arthritis was not related to work.  The WCAB ruled the Award for 98% was supported by the medical evidence, granti...

Ferrona vs. Warner Bros., Time Warner Entertainment Co. (80 Cal Comp. Cases 831): Home healthcare cannot be stopped without determining the injured worker had a change in medical condition.

Court of Appeal, Second District, July 14, 2015

Defendant agreed to provide home health care services and then stopped providing them without showing a change in the injured workers’ circumstances or condition.  The WCAB determined the Defendant must provide home health care for 24 hours a day/7days a week. 

Samaras vs. Deluxe Laboratories (80 Cal. Comp. Cases 740): Injured Worker awarded right to select a new primary treating physician and to return to the WCAB for medical care disputes

Court of Appeal, Second District, May 29, 2015

Defendant claimed the injured worker could not select a new primary treating physician and ignored the new primary treating physician’s timely, valid requests for authorization.  The WCAB sided with the injured worker and Rowen, Gurvey & Win that the original medical reporting at discharge found the need for future medical care.  The WCAB allowed the injured worker to select a...

Vasquez vs. Providence St. Joseph Medical Center (2016 Cal. Work Comp P.D. Lexis 576): Replacement PQME panel Denied for supplemental reporting not received within 60 days

WCAB San Francisco, October 17, 2016

Parties had each separately requested supplemental reporting from the PQME.  Six months after the defendant’s initial request, defendant objected to the PQME as untimely and requested a replacement panel.  However, two days before the request was made, the PQME had issued the supplemental report in response to both parties’ requests.  WCJ denied defendant’s request...

Balderrama v. CKE Restaurants DBA Carls Jr. Restaurant (Case No. ADJ9465055): RGW secured a 75 percent permanent disability award for the injured worker at trial.

WCAB, January 23, 2020

Rowen, Gurvey & Win secured a 75 percent permanent disability award for the injured worker at trial.  The award includes future medical care for the client's lumbar spine, hypertension, and other internal injuries, even though the defendant had only accepted the lumbar spine as industrial.     

Melton v. Hughes Market, 85 Cal. Comp. Cases 211, 2020 Cal. Wrk. Comp. LEXIS 9 (Cal. App. 2d Dist. February 3, 2020): The Court of Appeal denied defendant's writ of review, after the WCAB affirmed the trial judges finding of 100% permanent disability.

WCAB, September 3, 2019

The Court of Appeal denied defendant's writ of review, after the WCAB affirmed the trial judges finding of 100% permanent disability. Notwithstanding medical reporting identifying non-industrial apportionable factors, it was shown that there was no legally valid evidence that those pre-existing factors impacted the consequences of the work injury. 

Leonard v. Santa Monica - Malibu Unified School District (Case No. ADJ9713798): Secured a 74 percent permanent disability award for an injured worker.

WCAB Van Nuys District Office, December 20, 2019

Secured a 74 percent permanent disability award for an injured worker who developed cancer resulting from exposure to PCB in the workplace.  The award was based on finding a permanent psychological disability under the 'catastrophic injury' exception for a post-1/1/13 date of injury.  Defendant appealed the Court decision; however, the appeal was denied.  

Beraun v. Verizon Wireless, Union Fire Insurance Company (Case No. ADJ9038965): Defendants appealed the decision of the court, and the case was settled favorably during the appeal process.

WCAB, April 20, 2018

Injured worker sustained a head/neurological injuries, among others, resulting from a sudden closure of an automatic door, which hit him in the head. Counsel successfully established a psychological injury under the 'violent act' exception for a post-1/1/13 date of injury, with resulting 79 percent permanent disability award for the applicant.   Under California's reform legislation, enacted...