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

Case No. ADJ11121014
Regular
Nov 02, 2019

DIANA BAKER vs. BAKERSFIELD CITY SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Diana Baker's petition for reconsideration against Bakersfield City School District. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of the served decision. In this case, Baker's petition was filed significantly beyond this jurisdictional deadline, rendering the WCAB without authority to review it.

Petition for ReconsiderationUntimely filingJurisdictional time limitWorkers' Compensation Appeals BoardAdministrative law judgeWCJ decisionProof of mailing insufficientDismissal orderCase ADJ11121014Bakersfield City School District
References
Case No. ADJ9697744
Regular
May 25, 2018

JASON POIRIER vs. CITY OF MENLO PARK, Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS, CITY OF BRISBANE; Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that denied Jason Poirier's claim for kidney cancer benefits. The Board found that the City of Menlo Park failed to rebut the presumption under Labor Code section 3212.1 that Poirier's cancer was industrially caused. Crucially, the Board ruled that Poirier's prior employment with the City of Brisbane could be combined with his Menlo Park employment to satisfy the minimum latency period for cancer causation, a point the trial judge had incorrectly excluded. Consequently, the Board amended the findings to establish that Poirier sustained an industrial injury and returned the case for benefit determination.

Labor Code section 3212.1renal cell carcinomacarcinogen presumptionrebuttallatency periodcumulative traumapolice officerCity of Menlo ParkCity of Brisbaneindustrial injury
References
Case No. ADJ7583495
Regular
Oct 21, 2011

PEDRO GANDARA vs. CITY OF BAKERSFIELD

This case concerns a Petition for Reconsideration filed by the defendant, City of Bakersfield, following a decision dated August 9, 2011. The Workers' Compensation Appeals Board granted the petition due to statutory time constraints and the need for further review of complex factual and legal issues. This action allows the Board to thoroughly study the record to ensure a just and reasoned decision. All future filings should be directed to the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationCity of BakersfieldPermissibly Self-InsuredDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersSan Francisco
References
Case No. ADJ4318563 (SAL 0103841)
Regular
Nov 03, 2010

SANDRA PETERSON vs. SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES

This case involves an applicant who sustained industrial injuries as a teacher and later earned a significantly higher salary at a different school district. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the administrative law judge's decision to base temporary disability indemnity on the applicant's higher post-injury earnings. This was justified because her subsequent earnings provided concrete evidence of her earning capacity.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total Disability IndemnityTDI Rate CalculationPost-Injury EarningsEarning CapacityWCJ FindingsPetition for ReconsiderationSanta Cruz City SchoolsCampbell School District
References
Case No. ADJ15875592; ADJ16732971
Regular
Aug 25, 2025

JAIME LLAMAS vs. CITY OF ANAHEIM, CITY OF DOWNEY

Applicant Jaime Llamas, a police officer, sustained a cumulative brain injury (cancer) while employed by the City of Downey and the City of Anaheim. The WCJ found both employers jointly and severally liable. Defendant City of Downey sought reconsideration, challenging the last injurious exposure and their liability for temporary disability. The Appeals Board granted reconsideration, rescinded the original Findings and Award, and substituted new findings. The Board confirmed the cumulative injury, clarified employment periods, affirmed the industrial presumption for both employers, established a specific liability period (December 21, 2016, through December 21, 2017) based on medical evidence of latency, and deferred issues of contribution between the employers.

Workers' Compensation Appeals BoardCity of AnaheimCity of DowneyLabor Code section 4850Labor Code section 3212.1Labor Code section 5500.5last injurious exposurecumulative injurypolice officerbrain cancer
References
Case No. ADJ8075085
Regular
Oct 28, 2016

SUSANA BURNETT vs. EL MONTE CITY SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration in the case of Burnett v. El Monte City School District. The WCAB adopted and incorporated the reasoning from the workers' compensation administrative law judge's (WCJ) report. Therefore, the Petition for Reconsideration was denied based on the existing record and the WCJ's findings.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial of ReconsiderationEL MONTE CITY SCHOOL DISTRICTSUSANA BURNETTADJ8075085
References
Case No. ADJ7962270
Regular
Jun 10, 2014

SACRAMENTO CITY UNIFIED SCHOOL DISTRICT vs. ASSESSMENT OF OPTION AND ORDER DISMISSING PETITION FOR REMOVAL

Defendant Sacramento City Unified School District filed an untimely Petition for Removal arguing discovery should have closed at the mandatory settlement conference. The petition was filed 23 days after the Order, exceeding the 20-day limit. Since the defendant received personal service of the Order at the hearing, they were not entitled to a five-day extension for filing. Consequently, the Workers' Compensation Appeals Board dismissed the petition as untimely.

Petition for RemovalUntimely FilingMandatory Settlement Conference (MSC)Off CalendarDevelopment of RecordLabor Code Section 5502(d)(3)Due DiligenceWCAB Rule 10843(a)Personal ServiceCode of Civil Procedure Section 1013(a)
References
Case No. ADJ1139787 (SRO 0139011) ADJ1497360 (SRO 0140505)
Regular
Apr 26, 2013

DANETTE ELLSWORTH vs. SANTA ROSA CITY SCHOOLS, REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

In this case, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Crucially, the WCAB gave "great weight" to the WCJ's credibility findings, a standard established in *Garza v. Workers' Comp. Appeals Bd.* The Board also considered supplemental pleadings before issuing its final denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Cal. Code Regs.tit. 8§ 10848Order Denying Reconsiderationcredibility finding
References
Case No. ADJ2471707 (OAK 0325825) ADJ1760066 (OAK 0325826)
Regular
Apr 11, 2012

KASSONDRA MORELAND vs. CITY OF UNION CITY, CITY OF SUNNYVALE

This case concerns contribution between two employers for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) amended an arbitrator's decision regarding the date of injury. The WCAB found the date of injury to be December 5, 2005, when the applicant first suffered a wage loss due to medical restrictions. This decision shifts liability for contribution to the employer who employed the applicant during the year preceding this date. A dissenting commissioner argued the date of injury should be later, correlating with the applicant's surgery and receipt of temporary disability benefits.

Cumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5WCABReconsiderationContributionConcurrent EmploymentCity of Union CityCity of Sunnyvale
References
Case No. ADJ9352393, ADJ9352398, ADJ9531390
Regular
Apr 21, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case consolidates three workers' compensation claims for applicant Norman Weseman. The Appeals Board affirmed findings that claims against Superior Ready Mix (ADJ9531390) and the City of Cathedral City (ADJ9352398) for heart/hypertension and firefighter injuries were not barred by the statute of limitations. However, the Board rescinded a finding regarding a specific injury claim against the City of Cathedral City (ADJ9352393) due to insufficient medical evidence on the injury's manifestation date and returned it for further proceedings. The core legal issue concerns when the statute of limitations begins to run for latent industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDNorman WesemanCity of Cathedral CitySuperior Ready MixADJ9352393ADJ9352398ADJ9531390Findings and OrdersReconsiderationStatute of Limitations
References
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