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

Case No. ADJ7283860
Regular
Oct 12, 2016

AMY ADAMS vs. TROIKA ENTERTAINMENT, LLC

The Workers' Compensation Appeals Board dismissed Amy Adams' Petition for Reconsideration, finding the WCJ's decision was not a "final" order as it only addressed an interlocutory procedural or evidentiary issue. The Board also denied the Petition for Removal, stating Adams failed to demonstrate substantial prejudice or irreparable harm if removal was not granted. Removal is an extraordinary remedy granted only in limited circumstances. Therefore, the Board upheld the WCJ's decision by dismissing and denying the petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory Procedural DecisionEvidentiary IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ2425610 (STK 0180003)
Regular
Oct 26, 2011

STEVE ADAMS vs. PRESTON YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior decision filed August 16, 2011. The Board found it necessary to grant reconsideration to allow further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. Pending the Decision After Reconsideration, all communications should be directed to the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersPreston Youth AuthorityState Compensation Insurance Fund
References
Case No. ADJ9623149
Regular
Jun 25, 2018

ADAM PALSGROVE vs. CITY OF PALO ALTO, YORK RISK SERVICES GROUP, INC.

This case involves a firefighter diagnosed with basal cell carcinoma, claiming it's industrially caused under the Labor Code section 3212.1 presumption. The defendant employer attempted to rebut this presumption by arguing the cancer's latency period exceeded the applicant's employment duration. However, medical evidence indicated that cumulative exposure to UV light during employment contributed to the cancer's development. The Appeals Board granted reconsideration, finding the employer failed to rebut the presumption of industrial causation based on this medical evidence.

Labor Code 3212.1Firefighter presumptionBasal cell carcinomaIndustrial causationRebuttal of presumptionKnown carcinogenLatency periodCumulative effectUV light exposureMedical evidence
References
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
Case No. ADJ7176602, ADJ7460189
Regular
Sep 17, 2014

BRIAN ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involved a defendant seeking reconsideration of an amended workers' compensation award. The Appeals Board dismissed the petition as untimely because the defendant was challenging findings from the original award, not the subsequent amendments. The amendments only addressed a separate, pending claim and did not materially alter the award the defendant contested. Therefore, the defendant's petition was filed outside the statutory window for reconsideration.

Workers Compensation Appeals BoardBrian AdamsState Compensation Insurance FundAmended Findings of Fact and AwardPetition for ReconsiderationWCJIndustrial InjuryCorrectional OfficerCumulative TraumaPermanent Disability
References
Case No. ADJ2562535
Regular
Jul 10, 2012

STEVE ADAMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a May 1, 2012 decision. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues presented. The WCAB determined reconsideration is necessary to fully understand the record and issue a just decision. All future filings in this matter must be submitted in writing directly to the WCAB Commissioners' office and are not to be filed with district offices or e-filed.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAdams v. County of KernADJ2562535BAK 0151733Opinion and Order Granting ReconsiderationStatutory time constraintsFactual issuesLegal issues
References
Case No. ADJ7089701
Regular
May 24, 2012

GREGORY DOLLAR vs. KERN COUNTY PROBATION DEPARTMENT, COUNTY OF KERN

This Workers' Compensation Appeals Board decision awards supplemental attorney's fees of $2,800.00 to applicant's counsel, Adams, Ferrone & Ferrone. The award follows a Court of Appeal order denying the defendant's petition for writ of review and remanding for supplemental fees under Labor Code § 5801. The Court of Appeal found no reasonable basis for the defendant's petition. The parties stipulated to the reasonableness of the fee amount.

Supplemental Attorney's FeeLabor Code § 5801Petition for Writ of ReviewRemandStipulationWCABAdams Ferrone & FerroneCounty of Kern Probation DepartmentFifth Appellate DistrictReasonable Attorney's Fees
References
Case No. ADJ18803348
Regular
May 30, 2025

FEDERICO PEREZ vs. FIRST BAPTIST CHURCH OF WALNUT CREEK, WALNUT CREEK CHRISTIAN ACADEMY, CHURCH MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration filed by the defendants, First Baptist Church of Walnut Creek, Walnut Creek Christian Academy, and Church Mutual Insurance Company, in the case of applicant Federico Perez. The applicant alleged a right shoulder injury on September 7, 2023. The defendants were admonished for violating WCAB Rule 10945 by misstating material facts and referencing documents not in the trial record. The Board affirmed the WCJ's findings that the applicant provided pre-termination notice of the injury, and established injury arising out of and in the course of employment (AOE/COE) and entitlement to temporary total disability, based on credible testimony and the Panel QME report of Dr. Adam Brooks. The decision also addressed the timeliness of the Board's action on reconsideration petitions under Labor Code section 5909 and the post-termination defense under Labor Code section 3600(a)(10).

WCABPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemEAMSTransmission of CaseNotice of TransmissionReport and RecommendationWCAB Rule 10945Misstatement of Facts
References
Case No. ADJ8196618, ADJ9597565
Regular
Jan 08, 2015

KATISHA ADAMS vs. AC TRANSIT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision concerning Katisha Adams. This action was taken to allow further study of the factual and legal issues, ensuring a just and reasoned decision. All subsequent correspondence and filings related to the petition must be submitted directly to the WCAB's Office of the Commissioners, not to the district office.

WCABPetition for ReconsiderationAC TransitSedgwick Claims Management ServicesGrant of ReconsiderationEAMSWorkers' Compensation Appeals BoardElectronic Adjudication Management SystemWCJOffice of the Commissioners
References
Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
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