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Case Law Database

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

Case No. ADJ1421850 (FRE0216376)
Regular
Aug 17, 2009

BILL CUSTER vs. SARA LEE BAKERY GROUP

The Workers' Compensation Appeals Board granted reconsideration to review a finding of serious and willful misconduct by the employer, Sara Lee Bakery Group. The applicant sustained a knee and groin injury due to a broken bread tray, and the initial finding of misconduct was based on testimony about past practices. However, the Board found no evidence that the employer's executive or managing officers knew serious injury was probable or acted with reckless disregard for consequences. Consequently, the prior award finding serious and willful misconduct was rescinded, and a new decision was issued stating the injury was not caused by the employer's serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code § 4553Findings and AwardReconsiderationRescindedApplicantDefendantRoute SalesmanIndustrial Injury
References
Case No. LAO 0778727
Regular
Sep 18, 2007

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the original decision that denied the applicant's psychiatric injury claim. The Board found the applicant's fall due to a broken scaffold plank constituted a "sudden and extraordinary employment condition," thus overcoming the six-month employment rule exception. The case is returned for further proceedings to determine compensability for the psychiatric injury.

Workers' Compensation Appeals BoardLabor Code § 3208.3(d)six-month rulepsychiatric injurysudden and extraordinary employment conditionMatea v. Workers' Comp. Appeals Bd.broken plankscaffold fallindustrial injurypermanent disability
References
Case No. ADJ7642434
Regular
Nov 05, 2012

Matthew Austin vs. Bridgestone/Firestone, Old Republic Insurance

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration regarding a psyche injury claim. The Board found the applicant's slip and fall on a broken stair was not a "sudden and extraordinary employment condition" as required by Labor Code section 3208.3(d) for claims filed within six months of employment. Therefore, the applicant's psyche injury claim does not meet this exception. The case is returned to the trial level for further proceedings.

Labor Code section 3208.3(d)psyche injurysudden and extraordinary eventpetition for reconsiderationFindings and AwardWCJautomobile mechanicslip and fallbroken stepoccupational hazard
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. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ3958599
Regular
Aug 18, 2009

MARIA OSORIO vs. GRIMMWAY ENTERPRISES, TRISTAR RISK MANAGEMENT

The Appeals Board affirmed the WCJ's Findings, Orders and Award, finding the applicant sustained an industrial injury and is entitled to further medical treatment and temporary disability indemnity. Defendant's arguments regarding MPN and serious chronic condition were rejected.

Medical Provider NetworkMPNcontinuity of careLabor Code section 4616.2(d)(3)(B)Administrative Director Rule 9767.9(f)temporary disability indemnitybroken periodstreating physicianserious chronic conditionpetition for reconsideration
References
Case No. GOL 99843
Regular
Oct 03, 2007

KATHLEEN STARTZMAN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's decision, ruling that Labor Code Section 4656(c)(1) limits temporary disability payments to 104 weeks within a two-year period from the initial payment date for a single injury. The WCAB found the employer had met this obligation by paying the maximum compensable weeks allowed, even with prior interruptions and retroactive payments. Consequently, there was no basis for additional temporary disability payments or the imposed penalty for unreasonable delay.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year limitationcommencement of temporary disability paymentintermittent paymentsHawkins v. Amberwood Productspetition to terminate liabilityLabor Code section 5814.1penalty
References
Case No. ADJ11252070 ADJ11527187
Regular
Oct 05, 2020

Gregory Ruth vs. Swift Transportation

This case concerns a workers' compensation claim by Gregory Ruth against Swift Transportation. The Appeals Board granted reconsideration to amend findings, specifically adding neck and low back injuries to the applicant's claims for both specific and cumulative trauma. The Board affirmed the administrative law judge's findings on injury arising out of and in the course of employment, rejecting the defendant's argument that the truck seat was not broken. The decision defers injury claims for all other body parts.

Workers Compensation Appeals BoardSelf-insuredInjury AOE/COEMedical EvidenceLabor Code Section 5701Cumulative TraumaSpecific InjuryNeck InjuryLow Back InjuryWCJ Credibility Determination
References
Case No. ADJ13299780; ADJ14625110; ADJ14625129
Regular
Mar 24, 2023

JACK PICCININI vs. CITY OF SEBASTOPOL, CITY OF SANTA ROSA

The Workers' Compensation Appeals Board denied the City of Sebastopol's petition for reconsideration. The City argued the applicant sustained two separate cumulative trauma injuries, one with each employer, and that the injury should be broken into multiple incidents. The Board adopted the WCJ's report, which found a single cumulative injury due to concurrent employment, with apportionment of disability among the employers to be addressed separately. The WCJ noted that further development of the record is needed to establish the date of injury and assess liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationVolunteer Fire CaptainFire Battalion ChiefNeck injuryCumulative traumaSpecific injuryAgreed Medical EvaluatorApportionmentConcurrent employment
References
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