What the panel ordered
Petitions for Reconsideration and Disqualification are denied.
Defendant filed petitions for reconsideration and disqualification after the WCJ issued Joint Findings and Award and Orders on March 4, 2025. The WCAB reviewed the record, adopted and incorporated the WCJ's Reports and the Opinion on Decision, and denied reconsideration and disqualification.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Panel QME Dr. Laimins' medical finding, accepted as substantial evidence, was that applicant did not sustain a cumulative trauma injury. Applicant's testimony that she had no physical complaints prior to March 14, 2023, supported this finding.
From the decision · page 17The Court accepts Panel QME Dr. Peter Laimins medical reporting and deposition testimony as substantial medical evidence and accepts his medical finding that applicant did not sustain a cumulative trauma injury. Additionally, the applicant's testimony at Trial that she had no physical complaints prior to her March 14, 2023 industrial injury supports a finding that she did not sustain a cumulative trauma injury while employed by Cedars-Sinai Medical Center.
Applicant met the burden of proving injury AOE/COE by presenting credible testimony, corroborated by defendant's witness and documentary evidence, that she sustained an industrial injury on March 14, 2023. The WCJ's credibility determinations were given great weight, and documentary evidence supported the finding.
From the decision · page 5IV. Finally, we turn to the merits and begin by noting that the employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, applicant met that burden by presenting the credible testimony, her own and that of defendant's witness, that she sustained industrial injury on March 14, 2023. (Minutes of Hearing and Summary of Evidence (MOH/SOE), 2/3/25, at pp. 5:15-16; 15:22-23; 6:23-25; 7:4-10; 9:1-3. The WCJ found all the witnesses, including defendant's witness, to be credible and that their testimony supported the finding that applicant sustained industrial injury on March 14, 2023. We have given the WCJ's credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses.
Defendant's Petition for Reconsideration was timely as to the specific injury case, but the petitions were denied on the merits and for lack of grounds for disqualification.
From the decision · page 3II. Next, we address the issue of timeliness. There are 30 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address outside California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant and supervisor's credible testimony established applicant reported the injury on March 14, 2023, and supervisor observed the screws and believed the report was truthful.
Favours Applicant prevailed
Directly supported finding of industrial injury AOE/COE on March 14, 2023.
Panel QME Dr. Laimins' medical reporting and deposition testimony established applicant sustained a specific injury on March 14, 2023, and did not sustain a cumulative trauma injury.
Favours Applicant prevailed
Provided substantial medical evidence for both the specific injury and the absence of cumulative trauma.
From the decision · page 17The Court accepts Panel QME Dr. Peter Laimins medical reporting and deposition testimony as substantial medical evidence and accepts his medical finding that applicant sustained an industrially related specific injury to her lumbar spine, cervical spine, left shoulder, and bilateral knees on March 14, 2023.
Employer's incident report, medical records, and photographs corroborated the occurrence and circumstances of the injury.
Favours Applicant prevailed
Corroborated applicant's account and supported the finding of industrial injury.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Panel QME Dr. Laimins found applicant sustained an industrially related specific injury to her lumbar spine, cervical spine, left shoulder, and bilateral knees on March 14, 2023, and did not sustain a cumulative trauma injury. His medical reporting and deposition testimony were accepted as substantial medical evidence.
The Court accepted Panel QME Dr. Peter Laimins' medical reporting and deposition testimony as substantial medical evidence and accepted his medical finding that applicant sustained an industrially related specific injury to her lumbar spine, cervical spine, left shoulder, and bilateral knees on March 14, 2023.
From the decision · page 17The Court accepts Panel QME Dr. Peter Laimins medical reporting and deposition testimony as substantial medical evidence and accepts his medical finding that applicant sustained an industrially related specific injury to her lumbar spine, cervical spine, left shoulder, and bilateral knees on March 14, 2023.
Panel QME Dr. Laimins found applicant did not sustain a cumulative trauma injury while employed by Cedars-Sinai Medical Center. His medical reporting and deposition testimony were accepted as substantial medical evidence.
The Court accepted Panel QME Dr. Peter Laimins' medical reporting and deposition testimony as substantial medical evidence and accepted his medical finding that applicant did not sustain a cumulative trauma injury.
From the decision · page 17The Court accepts Panel QME Dr. Peter Laimins medical reporting and deposition testimony as substantial medical evidence and accepts his medical finding that applicant did not sustain a cumulative trauma injury. Additionally, the applicant's testimony at Trial that she had no physical complaints prior to her March 14, 2023 industrial injury supports a finding that she did not sustain a cumulative trauma injury while employed by Cedars-Sinai Medical Center.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code § 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
Applied to determine timeliness of defendant's petition for reconsideration.
From the decision · page 1I. Preliminarily, we note that former Labor Code1 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
Lab. Code § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291; Lab. Code §§ 3202.5, 3600(a)
The employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence.
Applied to find applicant met the burden of proof for specific injury on March 14, 2023.
From the decision · page 5IV. Finally, we turn to the merits and begin by noting that the employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, applicant met that burden by presenting the credible testimony, her own and that of defendant's witness, that she sustained industrial injury on March 14, 2023. (Minutes of Hearing and Summary of Evidence (MOH/SOE), 2/3/25, at pp. 5:15-16; 15:22-23; 6:23-25; 7:4-10; 9:1-3. The WCJ found all the witnesses, including defendant's witness, to be credible and that their testimony supported the finding that applicant sustained industrial injury on March 14, 2023. We have given the WCJ's credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses.
Lab. Code § 5709
No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, or rule made and filed as specified in this division.
Applied to reject defendant's due process claim regarding the trial on the issue of date of injury.
From the decision · page 6We are not persuaded by defendant's claim of a due process violation regarding trial on the issue of the date of injury "on or about March 15, 2023." Section 5709 states that "No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, or rule made and filed as specified in this division..." (Lab. Code, § 5709.) Necessarily, failure to comply with the rules as to details is not jurisdictional. (Rubio v. Workers' Comp. Appeals Bd. (1985) 165 Cal.App.3d 196, 200§ 201; see Cal. Code Regs., tit. 8, § 10490.) "[I]nformality of pleading in proceedings before the Board is recognized and courts have repeatedly rejected pleading technicalities as grounds for depriving the Board of jurisdiction. (citation)" (Rubio, supra, 165 Cal.App.3d at p. 200; see Cal. Code Regs., tit. 8, § 10617(a)(2) [an application for adjudication of claim "shall not be rejected for filing" because it "contains inaccurate information..."].).) "If a party is disadvantaged by the insufficiency of a pleading, the remedy is to grant that party a reasonable continuance to permit it to prepare its case or defense. (citations)" (Rubio, supra, 165 Cal.App.3d at p. 200§ 201.) Consequently, workers' compensation "[p]leadings may be amended by the Workers' Compensation Appeals Board to conform to proof." (Cal. Code Regs., tit. 8, § 10517.)
What proof carried it
The evidence the panel weighed, by kind.
Employer's incident report created by applicant's supervisor supports the finding of industrial injury on March 14, 2023.
Medical reporting by Nurse Practitioner Amanda J. Sibley, reviewed by Panel QME Dr. Laimins, supports the finding of industrial injury on March 14, 2023.
Photographs taken by employer's security officer of applicant's injuries and the screws sticking out of the floor support the finding of industrial injury on March 14, 2023.
Surveillance video submitted by defendant did not show the area where applicant reported she fell; testimony established the video was not inconsistent with applicant's account.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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