California WCABLaw firm
Cuneo, Black, Ward & Missler
Cuneo, Black, Ward & Missler is named in 8 released California WCAB decisions from 2022–2024. The disputes run to Permanent disability rating (2), AOE/COE (1) and Reopening / new and further disability (1). They were heard most often at Sacramento, then Redding. The firm it meets most often is Mastagni Holstedt (5).
- Decisions
- 8
- Years
- 2022–2024
- Issues disputed
- 6
- District offices
- 3
Defense sideRead off how the firm is printed in the service list of its own decisions — 4 of 5 agree. It is our reading of the record, not the firm’s description of itself.
What they litigate
Disputed issues across the decisions this firm is named in. Every row opens the decisions it counts.
3 more firms appear in the same decisions and are not listed: we could not read which side they were on.
Where they appear
How the appealed decisions came out
These are decisions that were appealed and published — the tail of a system that mostly settles. Most claims end in a compromise and release or a stipulation and never reach a panel, so nothing below describes how this firm does its work. It describes how a set of appealed disputes came out.
Counted over 8 appealed decisions. Not this firm’s book of work.
Decisions
Newest decisions this firm is named in, each with the passage the panel turned on and a link to the official PDF.
- ADJ7054381 · 2022-08-30 · Sacramento District OfficePermanent disability ratingapplicant prevailed
Determinative passage · p.4The factors of permanent disability are based upon the reports of Dr. Isono. The basis for apportionment must be clear; the medical-legal report must "describe in detail the exact nature of the apportionable disability, and set forth the basis for the opinion." Escobedo v. Marshalls (2007) 70 Cal. Comp. Cases 604, 621 (en banc).
Dr. Isono's detailed impairment ratings and apportionment findings were accepted, supporting a 51% permanent disability award.
Official decision · page 4 → - ADJ10287483 · 2022-08-05 · Sacramento District OfficeAOE/COEapplicant prevailed
Determinative passage · p.9Applicant alleged a presumptive heart injury against City of Sacramento. By stipulation of the parties, applicant qualifies for a presumption of compensability per Labor Code, section 3212.5, and it is City of Sacramento's burden to overcome the presumption.
The defendant City of Sacramento failed to overcome the presumption of industrial injury because they did not prove the cause of the sarcoidosis was non-industrial, and the cause of sarcoidosis is unknown to science, so the presumption stands.
Official decision · page 9 → - ADJ10089400 · 2022-04-25 · Stockton District OfficePermanent disability ratingdefendant prevailed
Determinative passage · p.7Both Stipulations with Request for Award reflect that they were based on ratings of the reporting from the AME Dr. Pang. The parties presumably choose an AME because of the AME's expertise and neutrality. (Power v. Workers' Comp. Appeals Bd. (1986) 179 Cal.App.3d 775, 782 [51 Cal.Comp.Cases 114].) We will follow the opinions of the AME unless good cause exists to find their opinion unpersuasive. (Ibid.)
The permanent disability ratings were based on the AME Dr. Pang's thorough and comprehensive evaluation, and there was no basis to disturb the WCJ's conclusion that the stipulations were adequate.
Official decision · page 7 → - ADJ10046347 · 2022-03-16 · Sacramento District OfficeReopening / new and further disabilityapplicant prevailed
Determinative passage · p.1Defendant seeks reconsideration of the Findings of Fact (Findings), issued by the workers' compensation administrative law judge (WCJ) on November 13, 2020, wherein the WCJ found in pertinent part that applicant showed good cause to reopen the injury claim and applicant sustained new and further disability as a result of the April 11, 2015 injury.
The applicant showed good cause to reopen the injury claim based on new medical evidence of right shoulder injury and disability not known at the time of the original award, supported by the AME's opinion that the right shoulder disability was industrially caused by the April 11, 2015 injury.
Official decision · page 1 → - ADJ14997874 · 2024-09-20 · Redding District OfficeReconsideration / removaldefendant prevailed
Determinative passage · p.1We have considered the allegations of the Petition for Reconsideration, the Answer, and the supplemental pleading, and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's report, which we adopt and incorporate, we will deny reconsideration.
The petition was timely filed as demonstrated by the Batch ID showing e-filing on June 4, 2024, within the 25-day limit, and the Board acted within 60 days of case transmission to deny the petition on September 20, 2024.
Official decision · page 1 → - ADJ10920365 · 2023-02-13 · Sacramento District OfficeReconsideration / removaldefendant prevailed
Determinative passage · p.1The Petition for Removal of the decision issued on December 13, 2022 has been withdrawn by petitioner. Therefore, it will be dismissed.
Petitioner withdrew the Petition for Removal, so the petition was dismissed.
Official decision · page 1 → - ADJ4469376 · 2022-04-11 · Redding District OfficeReconsideration / removalapplicant prevailed
Determinative passage · p.1We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's report, which we adopt and incorporate, we will grant reconsideration, rescind the WCJ's decision, and return this matter to the WCJ for further proceedings and decision. This is not a final decision on the merits of any issues raised in the petition and any aggrieved person may timely seek reconsideration of the WCJ's new decision.
The Board granted reconsideration and rescinded the prior decision due to errors and omissions in the trial record and confusion about admitted evidence.
Official decision · page 1 → - ADJ11649621 · 2022-01-21 · Sacramento District OfficeReconsideration / removalapplicant prevailed
Determinative passage · p.1Applicant seeks removal of the Findings of Facts and Orders (F&O) issued by the workers' compensation administrative law judge (WCJ) on November 12, 2021. By the F&O, the WCJ found that the reporting of the qualified medical evaluator (QME) did not constitute substantial evidence and returning to the QME for development of the record would be "fruitless." Submission of the matter was vacated and the parties were ordered to advise the WCJ if they could agree to an agreed medical evaluator (AME) to replace the QME. If the parties could not agree to an AME, the WCJ was to appoint a regular physician per Labor Code1 section 5701. (Lab. Code, § 5701.)
The Appeals Board found that the WCJ erred in finding the QME report was not substantial evidence and that returning to the QME for further development would be fruitless. The Board ordered the matter returned to the trial level for further development of the record, initially with the existing QME, then potentially an AME or regular physician if needed.
Official decision · page 1 →
Also recorded as
The same firm is printed several ways across the decisions, and all of them were counted as one. This is every spelling behind the figures above.
- CUNEO, BLACK, WARD & MISSLER
- Cuneo, Black, Ward & Missler
- CUNEO BLACK WARD & MISSLER
- CUNEO BLACK WARD & WISSLER
- Cuneo Black Ward & Missler
- CUNEO BLACK
Is this your firm and something here is wrong? Tell us and we will fix it. Every figure on this page is a count of released decisions this firm is named in, and the decisions themselves are listed above with the passage each turned on.
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