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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
Case No. ADJ7274196
Regular
Dec 07, 2012

RONALD PIERCE vs. CITY OF TULARE

The applicant, Ronald Pierce, requested to appear telephonically for trial as an ADA accommodation, which the Workers' Compensation Judge (WCJ) denied, citing due process and the need to observe witnesses. The Appeals Board dismissed Pierce's Petition for Reconsideration because the WCJ's ruling was not a final decision. The Board also denied his Petition for Removal, finding no significant prejudice as the substantive issue was to be decided on briefs. Pierce was also advised that he does not have a right to free legal counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalTelephonic AppearanceADA AccommodationDue ProcessCross-examinationSubstantive RightFinal OrderAggrieved Party
References
Case No. ADJ7503215
Regular
May 24, 2013

JAMIE ZIEGENFUSS vs. THE UNIVERSITY OF CALIFORNIA MERCED

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's claim. The applicant alleged industrial injury to her psyche and headaches due to her employer's alleged failure to engage in a good-faith ADA interactive process and alleged bad-faith personnel actions. The WCAB adopted the Workers' Compensation Judge's report, which found no industrial injury based on credible testimony and documentation demonstrating the applicant was aware of performance deficiencies. Furthermore, the WCAB rejected the applicant's supplemental petition for reconsideration as untimely filed.

WCABReconsiderationADA Interactive ProcessIndustrial InjuryPsychic InjuryGood Faith Personnel ActionsCumulative InjuryAgreed Medical ExaminerPerformance EvaluationRetaliation
References
Case No. ADJ2036536 (LAO 0869899) ADJ3609983 (LAO 0869895) ADJ6580743
Regular
May 09, 2012

JULY SUESUE vs. CITY OF LONG BEACH

Attorney Hannan petitioned to disqualify WCJ Glass, alleging he and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues. This petition was one of several similar claims made by Hannan. The Board denied the petition, finding Hannan failed to provide specific factual evidence supporting her allegations of bias. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeWCJBiasConspiracySanctionsLiensContinuanceDisability Accommodation
References
Case No. OAK 0314655, OAK 0314656
Regular
Apr 14, 2008

PAUL CRUM vs. CITY OF OAKLAND, JT2 INTEGRATED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an award requiring the defendant to provide a larger city vehicle, finding the medical report supporting this accommodation lacked sufficient specificity. The WCAB rescinded the award and returned the matter for further development of the medical record. This was due to the vagueness of the Qualified Medical Evaluator's recommendation regarding a "larger vehicle" and the need for clearer reasoning and specificity on what constitutes an appropriate accommodation.

Workers' Compensation Appeals BoardPaul CrumCity of OaklandJT2 Integrated ServicesFindings and Awardindustrial injuryspineconstruction inspectorpermanent disabilityfuture medical care
References
Case No. ADJ3133929 (OAK 0314655) ADJ1728489 (OAK 0314656)
Regular
Feb 02, 2009

PAUL CRUM vs. CITY OF OAKLAND, Permissibly Self-Insured, JT2 INTEGRATED SERVICES

This Workers' Compensation Appeals Board case concerns an applicant's entitlement to a modified work arrangement due to an industrial injury. The applicant was awarded accommodation with a city vehicle that doesn't exacerbate his symptoms or, alternatively, a suitable work assignment. The defendant appealed, arguing this award exceeded the judge's authority by specifying a particular vehicle or assignment instead of medical treatment. The Board granted reconsideration and amended the award, affirming the applicant's right to either the modified vehicle or an attempted reassignment within his restrictions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFuture Medical TreatmentAccommodationIndustrial InjuryWork AssignmentMedical TreatmentWCJReport and Recommendation
References
Case No. ADJ3763910 (STK 0195200) ADJ6626980
Regular
Feb 06, 2015

JOHN ALARCON vs. PACIFIC GAS & ELECTRIC

This case involves an applicant seeking to modify deposition and Qualified Medical Evaluation (QME) orders due to alleged severe medical conditions. While the applicant agrees to the deposition and QME, they claim their health prevents travel and request these be held at their home. The Appeals Board granted the Petition for Removal, finding the medical record requires further development regarding the alleged travel limitations. The orders for deposition and QME are amended to defer the time and place, returning the matter to the trial level for proceedings on accommodation issues.

Petition for RemovalOrder Compelling DepositionQualified Medical Evaluation (QME)Administrative Law Judge (WCJ)Industrial InjuriesPolymyositisTreating PhysicianMedical ReportTravel LimitationsAccommodation
References
Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)
Regular
May 09, 2012

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE

Attorney Hannan petitioned to disqualify WCJ Glass based on allegations of a conspiracy with other WCJs to penalize her and her clients. The Appeals Board denied the petition, finding insufficient specific facts and evidence to support the claims of bias. Hannan failed to provide required witness declarations and her allegations largely repeated prior contentions. The Board concluded the petition was untimely and lacked the necessary evidentiary support for disqualification.

Petition for disqualificationWCJ biasconspiracy allegationslien claimantattorney misconducttimely filingevidencejudicial impartialityADA accommodationwitness declarations
References
Case No. ADJ2041648 (SDO 0319858) ADJ2762432 (SDO 0319859) ADJ772603 (SDO 0319860)
Regular

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for removal. The County sought to rescind a six-month continuance granted for the applicant, alleging prejudice and discovery abuses, but failed to demonstrate significant harm. The Board found the County's arguments insufficient to justify removal and returned the cases to the trial level. The PWCJ is to schedule a status conference after January 26, 2010, to determine if further continuance is warranted based on a "clear showing of good cause."

Petition for RemovalOrder Granting ContinuancePrejudiceIrreparable HarmADA AccommodationDisability CoordinatorContinued HearingStatus ConferenceMandatory Settlement ConferenceDiscovery Abuses
References
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