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

Case No. ADJ7816135
Regular
May 07, 2012

BRYAN FLICKER vs. COUNTY OF BUTTE

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) finding of industrial injury for a correctional lieutenant. The WCJ had applied Labor Code section 3213.3, which presumes lower back impairments in peace officers required to wear duty belts. The Board found insufficient evidence that the applicant was required to wear a duty belt as a condition of employment as a peace officer, which is a prerequisite for the presumption's application. Therefore, the Board rescinded the award and returned the case for a determination of industrial injury without reference to the duty belt presumption, allowing for further record development.

Workers' Compensation Appeals BoardBryan FlickerCounty of ButteADJ7816135Labor Code section 3213.3correctional lieutenantcumulative injurylow back impairmentpeace officerduty belt presumption
References
Case No. SBR 0338656
Regular
May 27, 2008

BRYAN YOUNG vs. CITY OF BEAUMONT, Permissibly Self-Insured c/o S.C.R.M.A.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration, dismissed the applicant's petition, and granted removal. The Board rescinded the administrative law judge's order requiring the applicant to choose a physician from the employer's network. This decision clarifies that an employee has the right under Labor Code section 4605 to select and pay for their own physician, independent of employer-provided medical care.

Workers' Compensation Appeals BoardBryan YoungCity of BeaumontPetition for ReconsiderationPetition for RemovalLabor Code Section 5902Labor Code Section 4605Medical Provider NetworkPrimary Treating PhysicianConsulting Physician
References
Case No. ADJ7268296 ADJ7268292
Regular
Oct 18, 2012

Bryan Gavin vs. Superior Ready Mix, Tristar Risk Management

This Workers' Compensation Appeals Board decision rescinded previous findings regarding Bryan Gavin's cumulative trauma injuries to his low back and right elbow. The Board found the Qualified Medical Evaluator's report insufficient and lacking coherence. Consequently, the case is returned to the trial level to allow parties to select an Agreed Medical Examiner or for the WCJ to appoint a physician for a new evaluation. This will enable a proper determination of industrial causation after a more adequate medical record is established.

Workers Compensation Appeals BoardReconsiderationCumulative TraumaIndustrial CausationMedical-Legal EvaluationQualified Medical Evaluator (QME)Agreed Medical Examiner (AME)Treating PhysicianCompensabilityRescind
References
Case No. ADJ10303237
Regular
Oct 26, 2016

MARLENE COLLINS vs. F.CORBY DALE AND ELIZABETH DALE

This case involves a Petition for Removal filed by Marlene Collins against F.Corby Dale and Elizabeth Dale. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner having withdrawn their request for removal. Consequently, the Board has formally closed the matter of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMarlene CollinsF.Corby DaleElizabeth DaleADJ10303237Fresno District OfficeMarguerite Sweeney
References
Case No. ADJ7993613
Regular
Jan 19, 2016

RICHARD MARQUEZ vs. AGRICULTURE & PRIORITY POLLUTANTS LABORATORIES INC., EMPLOYERS COMPENSATION INSURANCE CO.

The Appeals Board granted reconsideration, rescinded the original award, and substituted a new award deferring the issue of apportionment. The Board affirmed the WCJ's findings that the applicant's psychological injury was not barred by good faith personnel action or post-termination defenses, and that the defendant was not required to file an application for adjudication. The Board found that the parties had stipulated to defer the issue of apportionment to a subsequent hearing.

AOE/COEHypertensionApportionmentLabor Code section 4064(c)Petition for ReconsiderationFindings of FactAwardOrderWCJQME
References
Case No. ADJ7009305
Regular
Dec 19, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

This case affirms a prior award finding the applicant sustained industrial injuries to her spine and knees. The defendant school district appealed, arguing the judge failed to explain her decision, improperly combined permanent disability ratings, and should have reduced payments. The Appeals Board found the judge's reasoning adequate, particularly regarding the apportionment of disability from intertwined industrial injuries. The Board also rejected the 15% reduction argument, noting the defendant failed to present evidence of compliance with statutory requirements for offering suitable work. Therefore, the original award was affirmed.

Workers' Compensation Appeals BoardPenny MunianOakdale Joint Unified School DistrictJoint Findings and Awardpermanent disabilityapportionmentBenson v. The Permanente Medical GroupLabor Code section 4658Disability Evaluation UnitAgreed Medical Evaluator
References
Case No. ADJ10233768
Regular
Oct 25, 2016

HUMBERTO CERVANTES vs. VF CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the Administrative Law Judge (ALJ) erred by relying on a medical report that omitted a prior injury history. The Board gave great weight to the ALJ's credibility determination and found no substantial evidence to reject it. The ALJ's reasoning, adopted by the Board, concluded the omission of a 16-year-old, settled injury did not render the medical opinion on cumulative trauma non-substantial for the current claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility DeterminationGarza v. Workmen's Compensation Appeals BoardInjury AOE/COECumulative TraumaPost-Termination ClaimGallagher Bassett ServicesBryan Aun D.C.
References
Case No. ADJ7275879
Regular
Jun 03, 2013

BRYAN KNITTEL vs. COUNTY OF ALAMEDA

This case clarifies that salary continuation benefits paid to injured public safety officers under Labor Code section 4850 are counted towards the 104-week maximum payment limit for temporary disability under Labor Code section 4656. The Court of Appeal directed the Workers' Compensation Appeals Board to rescind its prior ruling. Consequently, the Board issued a new decision holding that these 4850 benefits do indeed apply to the 104-week limitation.

Workers' Compensation Appeals BoardRemittiturSalary Continuation BenefitsPublic Safety Officer104-week limitTemporary DisabilityLabor Code Section 4850Labor Code Section 4656Findings and AwardReconsideration
References
Case No. ADJ7010974
Regular
Nov 27, 2013

BRYAN HOFFMAN vs. CITY OF EL CERRITO

In this workers' compensation case, the applicant, a police officer, sustained an industrial back injury. The employer, City of El Cerrito, sought a credit for temporary disability indemnity paid after the applicant's industrial disability retirement effective date of September 29, 2010. While the WCJ initially denied this credit, the Appeals Board granted a partial credit for overpayments from September 29, 2010, to March 1, 2011. This decision balanced the employer's good faith cooperation with the applicant against its delay in approving the retirement after receiving notice. The Board found it inequitable to penalize the employer for the entire period, but also determined the employer could have expedited the retirement approval.

Workers Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent DisabilityTemporary Disability IndemnityIndustrial Disability RetirementLabor Code section 4853Labor Code section 4909CreditOverpayment
References
Case No. ADJ7421461
Regular
Jun 22, 2012

Bryan Cruz vs. KLLM TRANSPORTATION, INC.

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order for failure to prosecute, finding that the applicant's attorneys' petition lacked merit and potentially constituted bad-faith tactics. The Board is issuing a notice of intent to sanction applicant's attorneys, jointly and severally, for up to $1,500 for frivolous actions and tactics, specifically noting a pattern of similar filings. The Board also noted the applicant's attorneys consented to the dismissal at a hearing where the applicant did not appear, and the petition for reconsideration failed to address these critical points. Sanctions are intended to address violations of rules regarding frivolous filings and willful non-compliance.

Petition for ReconsiderationRule 10582Failure to ProsecuteSanctionsLabor Code section 5813Rule 10561Bad Faith ActionsFrivolousUnnecessary DelayNotice of Intention to Dismiss
References
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