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

Case No. ADJ7118771
Regular
Mar 13, 2012

CHARLES THOMAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

This case involves a bus driver injured during an altercation with a passenger. The Appeals Board reversed the initial ruling, finding the injury compensable because the applicant was not the initial physical aggressor. While the applicant's actions were unauthorized, they occurred in the course of employment as they stemmed from his duties dealing with the passenger. The Board also found sufficient evidence of injury beyond the applicant's testimony. The case is returned for further proceedings on all remaining issues.

Workers' Compensation Appeals Boardindustrial injurybus driveraltercationinitial physical aggressorLabor Code section 3600(a)(7)course of employmentunauthorized conductCode of Conductcitizen's arrest
References
Case No. LBO 0380944
Regular
Mar 14, 2008

MANUEL F. QUINONES vs. PARKING CONCEPTS, INC., CRUM & FORSTER INSURANCE GROUP

The Workers' Compensation Appeals Board denied reconsideration of a finding that a bus driver sustained an industrial back injury, including temporary disability and need for further medical treatment. The defendant argued a lack of medical evidence, but the Board found substantial medical evidence supported the original decision, incorporating the WCJ's report. The Board also corrected a minor heading error in the underlying decision.

Industrial injuryBack injuryTemporary disabilityMedical treatmentReconsideration deniedWCJ decisionSubstantial medical evidenceBurden of proofWorkers' Compensation Appeals BoardParking Concepts
References
Case No. ADJ4513629 (SAL 0120784)
Regular
Feb 18, 2010

RICHARD GALINDO vs. MV TRANSPORTATION, INC.; BROADSPIRE, a CRAWFORD COMPANY

This case concerns a bus driver who sustained a back injury after an altercation with a passenger. The employer denied the claim, asserting the employee was the initial physical aggressor, which would bar compensation. The Board reviewed videotape evidence and affirmed the WCJ's finding that the passenger's spitting and verbal threats constituted the initial physical aggression. Therefore, the employer failed to establish the exclusion under Labor Code section 3600(a)(7), and the injury is compensable.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONINDUSTRIAL INJURYBUS DRIVERCOMPENSABILITYINITIAL PHYSICAL AGGRESSORLABOR CODE SECTION 3600(a)(7)ALTERCATIONVIDEOTAPE EVIDENCETHREAT OF BODILY HARM
References
Case No. AHM 129038
Regular
Jul 19, 2007

FRANCISCO OLIVA vs. LAIDLAW TRANSIT COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case involves a bus driver, Francisco Oliva, who claimed an industrial injury to his right hand and upper extremity. The defendant, Laidlaw Transit Company, sought reconsideration of the initial award, arguing the injury was personal and not work-related, and challenging reimbursement to the Employment Development Department (EDD). The Appeals Board granted reconsideration, affirmed the finding of industrial injury, but amended the award to remove the reimbursement requirement to the EDD.

Workers Compensation Appeals BoardLaidlaw Transit CompanyInsurance Company of the State of PennsylvaniaFrancisco Olivaindustrial injuryright handupper right extremitybus driverassaultpersonally motivated
References
Case No. ADJ1636669 (VNO 0498395)
Regular
Mar 25, 2011

SUZANNE ESTRADA KWON vs. ANTELOPE VALLEY SCHOOLS TRANSPORTATION AGENCY, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, TIG

This case involves a workers' compensation claim for a bus driver injured over a cumulative period. The petitioner, Antelope Valley Schools Transportation Agency (AVSTA), sought reconsideration of an award finding it liable for permanent disability. The Board granted reconsideration to correct the awarded amount to $20,025.00, reflecting 75% of the applicant's permanent disability attributed to the cumulative injury. The Board affirmed the finding that AVSTA was solely responsible for this portion, adopting the WCJ's reasoning.

Workers' Compensation Appeals BoardAntelope Valley Schools Transportation AgencyPermissibly Self-InsuredCumulative InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorMedical TreatmentAttorney's FeePetition for Reconsideration
References
Case No. ADJ7177206
Regular
Sep 28, 2017

Richard Jee vs. Metropolitan Transit Authority San Francisco Municipal Railway, Intercare Insurance Services

The Workers' Compensation Appeals Board granted reconsideration and modified a prior decision regarding Richard Jee's claim. The Board affirmed that Jee sustained an injury to his cervical spine on February 17, 2010, while employed as a bus driver. He is awarded temporary and permanent disability indemnity, further medical care for his cervical spine, and reimbursement for self-procured medical treatment, with his attorney entitled to a 15% fee. The Board also addressed the Employment Development Department's lien for benefits paid.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersBus DriverCervical SpineLeft Eye InjurySelf-Insured EmployerTemporary Disability IndemnityPermanent Partial DisabilityInitial Aggressor Defense
References
Case No. ADJ17614232
Regular
Apr 14, 2025

CINDY CHEN vs. DTG OPERATIONS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant DTG Operations' petition for reconsideration of a Findings and Order (F&O) from January 16, 2025. The WCJ initially found that the defendant's statute of limitations defense failed because the applicant, Cindy Chen, was unaware her pain was work-related and the employer did not provide required notices. The Appeals Board affirmed the WCJ's decision, concluding that the defendant did not meet its burden to prove the statute of limitations defense nor did it provide the requisite notifications to the applicant regarding her workers' compensation rights. The case involved a cumulative injury claim filed by a bus driver.

Statute of LimitationsAOE/COEDWC-1 formPetition for ReconsiderationReport and RecommendationWCJLabor Code section 5405(a)cumulative injurydate of injurycompensable disability
References
Case No. ADJ461872 (MON 0305024)
Regular
Feb 25, 2011

## ANTHONY MEYN, vs. ## LACMTA; Permissibly Self-Insured, As Administered By LACMA; TRAVELERS INSURANCE

In this workers' compensation case, the Board denied Travelers Insurance's petition for reconsideration, upholding the WCJ's finding that the applicant sustained a cumulative trauma injury as a bus driver ending June 8, 2002. Travelers argued the date of injury should have been July 16, 1998, when the applicant was diagnosed with hypertension, asserting the applicant knew his condition was work-related at that time. However, the Board found insufficient evidence that the applicant knew or should have known in 1998 that his disability was caused by his employment. Therefore, liability was correctly apportioned to the employer for the period ending June 8, 2002, when the applicant's injurious exposure concluded.

Workers' Compensation Appeals BoardAnthony MeynLACMTATravelers Insurancecumulative traumabilateral wristslumbar spinehypertensionheartpermanent disability
References
Case No. ADJ916313 (SFO 0511481)
Regular
Dec 07, 2009

ENA PARELLA vs. SAN RAMON UNIFIED SCHOOL DISTRICT, Administered By CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP

The WCAB granted reconsideration, amending the decision to find that the applicant sustained a cumulative injury to her low back while working as a school bus driver, rather than a specific injury on February 14, 2007.

Cumulative injurySpecific injuryAOE/COEPetition for reconsiderationLow back injurySchool bus driverTemporary disabilityWitness credibilityMedical recordsDeposition transcript
References
Case No. ADJ8621962
Regular
Oct 07, 2013

RANDY EISTER vs. TCI TRANSPORTATION, PROTECTIVE INSURANCE INDIANAPOLIS

This case involves a truck driver, Randy Eister, who filed a workers' compensation claim for back and chest injuries allegedly sustained on October 7, 2012. The claim was denied, and Eister was terminated for cause prior to filing. The Workers' Compensation Appeals Board (WCAB) denied Eister's petition for reconsideration. The WCJ found Eister's testimony not credible, citing inconsistencies and a lack of corroboration for his alleged injury. The Board adopted the WCJ's report, emphasizing the deference given to the judge's credibility findings.

Petition for ReconsiderationWCABEisterTCI TransportationProtective Insurance IndianapolisTruck DriverAOE/COEPost-termination defenseCredibilityTimeliness
References
Showing 1-10 of 217 results

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