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

Case No. ADJ7269472
Regular
Mar 20, 2012

SHARON EWEGBEMI vs. OAKLAND UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration of a WCJ's finding that the applicant did not sustain an injury in the course of employment. The applicant argued exceptions to the going-and-coming rule, including special mission, dual purpose, special risk, and required vehicle exceptions. Reconsideration was granted because crucial hearing minutes and summary of evidence were missing from the record, and the original WCJ was unavailable. This prevents the Board from issuing a just decision and necessitates further review.

Workers' Compensation Appeals BoardGoing and Coming Rule ExceptionSpecial Mission ExceptionSpecial Risk ExceptionRequired Vehicle ExceptionCourse of EmploymentSidewalk InjuryConstructive PremisesPetition for ReconsiderationFindings and Order
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ10204439
Regular
Sep 02, 2016

JEFF SMITH vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for reconsideration. The Board found that Deputy Sheriff Jeff Smith's injury, sustained en route to mandatory employer-ordered training, fell under the "special mission" exception to the "going and coming rule." The training's deviation in location, time, and nature from Smith's regular duties satisfied the three-part test for a special mission. Therefore, Smith's injury was deemed to have arisen out of and occurred in the course of employment.

going and coming rulespecial mission exceptionspecial errand exceptionDeputy Sherifftraffic investigation classBen Clark Training Centermotor vehicle accidentcourse of employmentroutine dutiesemployer's benefit
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7304028
Regular
Jan 16, 2013

ROBERT DECOURCEY, JR. vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior finding of injury for Robert Decourcey, Jr. This decision follows a Court of Appeal ruling that a shift swap did not constitute a "special mission" exception to the going and coming rule. Therefore, Decourcey's injury sustained during his commute after the shift exchange was not deemed industrial. The applicant is awarded nothing for his claim except for potential reimbursement of medical-legal costs.

Workers' Compensation Appeals BoardOpinion and Decision After Remittiturgoing and coming rulespecial mission exceptionspecial risk exceptionshift swapcorrectional officerindustrial injuryCourt of AppealPetition for Review
References
Case No. ADJ10147686
Regular
Jun 12, 2017

TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

Workers' Compensation Appeals BoardIndustrial InjuryLicensed Vocational NursePetition for ReconsiderationFindings of FactGoing and Coming RuleSpecial Mission ExceptionSpecial Risk ExceptionMandatory OvertimeCollective Bargaining Agreement
References
Case No. ADJ268422 (MON 0326162) ADJ1140304 (MON 0329012)
Regular
Jan 10, 2020

Dawn Leah Guritzky vs. Regents of the University of California, UCLA Medical Center, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a registered nurse seeking workers' compensation for industrial injuries sustained on two separate dates, leading to a finding of 100% permanent disability without apportionment. The defendant sought reconsideration, arguing against the 100% disability rating and the lack of apportionment. The Appeals Board found that the WCJ properly applied the "cannot parcel out" exception for apportionment based on psychiatric disability. However, the Board rescinded the award and returned the matter for a new decision to consider the recent *Fitzpatrick* decision regarding permanent total disability findings under Labor Code section 4662(b).

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuriesPermanent DisabilityApportionmentCausationCannot Parcel OutBenson ExceptionLabor Code Section 4663Labor Code Section 4664
References
Case No. GOL 97477, GOL 97480, GOL 97481
Regular
Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

This case involves an applicant who sustained multiple industrial injuries to her forearms, back, neck, wrists, hands, and elbows over several years. The Workers' Compensation Appeals Board granted reconsideration to apply the recent *Benson* decision, which modified the application of the *Wilkinson* rule for combining permanent disability awards. Consequently, the Board deferred findings on permanent disability and apportionment for further development of the record in light of *Benson*'s causation-based approach.

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ
References
Case No. VNO 497801; VNO 497802 VNO 497803; VNO 497804
Regular
Feb 14, 2008

ANDREW LAVIGNE vs. COUNTY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case for further proceedings, requiring a new WCJ to reconsider permanent disability and apportionment based on *Benson v. The Permanente Medical Group*. The WCJ must determine which Permanent Disability Rating Schedule applies to each injury and may need to further develop the medical record to ensure substantial evidence supports any findings. The decision emphasizes that *Benson*'s rule on apportionment based on causation is now binding.

Appeals BoardReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentWilkinsonBensonPDRSAldiPendergrass
References
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