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

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 The WCAB rescinded the award and returned the matter for further development of the medical record.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. 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. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)
Regular
Oct 18, 2010

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE, Administered By CRAWFORD AND COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration because the WCJ's orders were not final. Removal was denied as there was no showing of substantial prejudice or irreparable injury. However, the Appeals Board granted removal on its own motion to rescind the WCJ's Amended Findings and Order and to remand the matter for further proceedings, including discovery and a potential trial on the lien. The WCJ also needs to consider the lien claimant's attorney's disability accommodation claim.

Lien ClaimantPetition for ReconsiderationDenying RemovalGranting RemovalWCJSanctionsLien TrialMandatory Settlement ConferenceNotice of IntentAmended Findings and Order
References
Case No. ADJ3805628 (SDO 0343204) ADJ374212 (AHM 0120859) ADJ1234915 (SDO 0343200)
Regular
Oct 04, 2018

MARIA GONZALEZ vs. IMPERIAL COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant Maria Gonzalez's cases. The dismissal was based on her failure to object to a Notice of Intention to Dismiss. Applicant claimed she was unable to attend proceedings due to mental and physical limitations stemming from agoraphobia and panic attacks, supported by medical reports. The Board remanded the case for the judge to explore disability accommodations, such as telephone or Skype appearances, to ensure due process.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissGood CauseMentally and Physically UnableTeacher's AssistantDisability AccommodationAgoraphobiaPanic Attacks
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. ADJ2553155 (BAK 0151169)
Regular
Oct 17, 2008

KIMBERLY COSTA vs. STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award ordering the State Compensation Insurance Fund (SCIF) to provide an ergonomic workstation for a claimant. SCIF contends that an employer's current duty to accommodate disabilities under the Fair Employment and Housing Act, not SCIF's workers' compensation obligations under Labor Code section 4600, dictates responsibility for workstation modifications. The Board granted reconsideration to further study the factual and legal issues involved.

Workers' Compensation Appeals BoardState Compensation Insurance FundReconsiderationFindings of Fact and AwardErgonomic workstationMedical treatmentCumulative trauma injuryPermanent disabilityApportionmentFair Employment and Housing Act
References
Case No. ADJ969080 (FRE 0202793)
Regular
Sep 15, 2016

PEDRO LOPEZ vs. CAL-ALMOND; TRAVELERS

The applicant sought to disqualify the administrative law judge (WCJ) alleging insufficient time was spent on his case and a lack of seriousness towards his injury. The Workers' Compensation Appeals Board (WCAB) found the petition lacked the required formal affidavit but considered its merits. The WCAB denied the petition, holding that a party's subjective perception of bias or disagreement with rulings does not constitute legal grounds for disqualification under relevant statutes. The Board also noted the applicant's separate request for disability accommodations for an upcoming hearing.

Disqualification PetitionWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionLegal GroundsSubjective PerceptionWCAB Rule 10452Affirmative DutyJudicial Discretion
References
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