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

Case No. ADJ9883212
Regular
May 19, 2018

LADONNA PALEGA vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns a California Highway Patrol officer diagnosed with adenocarcinoma in situ of the cervix. The defendant, California Highway Patrol, sought reconsideration of a finding that this condition constituted an industrial injury under Labor Code section 3212.1. The defendant argued that the applicant's condition was not considered "cancer" and therefore the statutory presumption of industrial causation did not apply. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding based on qualified medical evaluator Dr. Ngo's opinion that adenocarcinoma in situ qualifies as cancer under the statute. The Board found the defendant failed to rebut the presumption by providing evidence that the exposure to carcinogens was not linked to the disabling cancer.

Labor Code section 3212.1presumption of injurycervical canceradenocarcinoma in situLoop Electrosurgical Excision Procedure (LEEP)substantial medical evidencepanel qualified medical evaluatordisputable presumptionrebuttal evidencecarcinogen exposure
References
1
Case No. MISSING
Regular Panel Decision

State v. Terrell

This case addresses whether the State of Texas is liable under the Texas Tort Claims Act for personal injuries caused by a highway patrol officer's negligent operation of a motor vehicle. James M. Terrell and Security National Insurance Company sued the State after Officer White's patrol car collided with Terrell's vehicle during a radar operation in Runnels County. The District Court granted summary judgment for the State, but the Court of Civil Appeals reversed this decision. The Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the State is subject to liability if the officer's negligence occurred within the scope of employment and outside an emergency. The Court clarified that while policy-making decisions regarding police protection are immune, negligence in executing those policies can lead to liability under the Act.

Texas Tort Claims ActSovereign ImmunityGovernmental LiabilityPolice NegligenceMotor Vehicle AccidentStatutory InterpretationEmergency ExemptionPolicy DecisionsDiscretionary FunctionScope of Employment
References
19
Case No. ADJ7215196 (MF) ADJ7214862 ADJ7267507
Regular
Feb 16, 2017

KARA ELLIS vs. CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board denied the California Highway Patrol's petition for reconsideration. The Board affirmed the administrative law judge's finding of 100% permanent total disability for the applicant, Kara Ellis, due to injuries sustained as a sworn officer. The employer failed to meet its burden of proof to demonstrate apportionment of prior disability awards, as required by law, and did not prove overlap of injuries. Therefore, the applicant is entitled to an unapportioned award of total permanent disability and future medical treatment.

Permanent Total DisabilityApportionmentOverlapLabor MarketEarning CapacitySworn OfficerIndustrial InjuriesUnapportioned AwardPrior AwardBody Parts
References
7
Case No. ADJ1 646469
Regular
Feb 06, 2017

ANDREW HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL

This case concerns a California Highway Patrol officer who sustained a work-related injury and was temporarily disabled. The Appeals Board initially ruled against the officer's claim for additional compensation, finding he received full salary and that reimbursement for accrued paid leave was outside WCAB jurisdiction. The Court of Appeal annulled this decision, holding that using accrued leave to supplement disability pay constituted a "loss of salary" prohibited by Labor Code section 4800.5. Consequently, the Appeals Board affirmed the original WCJ's award, directing the officer receive compensation for used annual leave, plus interest and penalties.

Workers' Compensation Appeals BoardCalifornia Highway PatrolOpinion and Decision After RemittiturLabor Code section 4800.5Temporary DisabilityFindings and AwardPaid Leave TimeLoss of SalaryJurisdictionPenalties
References
3
Case No. ADJ1253728 SFO 0509604
Regular
Dec 04, 2012

KENNETH BUMGARNER vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration in *Bumgarner v. California Highway Patrol*. The Board affirmed the original decision but amended Finding of Fact No. 2 to clarify that there is no legal apportionment of permanent disability, specifically regarding the neck injury. This amendment clarifies the non-apportionment principle for permanent disability in this case.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundPetition for ReconsiderationWCJ ReportDecision After ReconsiderationFinding of FactLegal ApportionmentPermanent DisabilityNeck Injury
References
0
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
11
Case No. ADJ18189096
Regular
May 20, 2025

JARED SANDERS vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

Jared Sanders, an officer for the California Highway Patrol, sustained a cumulative lumbar spine injury. The WCJ previously found 34% permanent partial disability after apportionment. Applicant sought reconsideration, arguing against apportionment under Labor Code sections 4663(e) and 4664(b) and citing a mathematical error. The Workers' Compensation Appeals Board granted the petition for reconsideration, rescinded the WCJ's February 26, 2025 F&A, and returned the matter for further proceedings, noting the defendant's failure to prove overlap between prior and current disability awards.

Workers' Compensation Appeals BoardCalifornia Highway PatrolPetition for ReconsiderationFindings of FactPermanent Partial DisabilityApportionmentLabor Code Section 4664(b)Anti-attribution clauseLabor Code Section 4663(e)Medical Evaluator
References
15
Case No. ADJ984330 (MON 0320747)
Regular
Jan 26, 2015

CHRIS JENSEN vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant, a police officer, seeking reconsideration of a denial for increased benefits due to alleged serious and willful misconduct by the California Highway Patrol. The applicant claimed unsafe working conditions at a vehicle inspection facility led to his psychological injury (PTSD). However, the Board denied reconsideration, finding no evidence that the alleged misconduct at the facility proximately caused his PTSD, which medical evidence indicated predated his time there. Furthermore, the applicant failed to prove that employer representatives with sufficient authority knew of the specific dangerous conditions and deliberately failed to act.

Serious and willful misconductPetition for ReconsiderationCumulative traumaPsyche injuryPTSDCalifornia Highway PatrolPolice officerQualified Medical ExaminerSafety inspectionsHazardous work environment
References
5
Case No. 01-15-01096-CV
Regular Panel Decision
Jul 12, 2016

Texas City Patrol, LLC v. El Dorado Insurance Agency, Inc.

Texas City Patrol, LLC appealed the trial court's dismissal of its claims against El Dorado Insurance Agency, Inc. The case originated when Texas City Patrol, a security company, obtained a commercial automobile insurance policy through El Dorado, and a company employee was later injured in an accident. The insurer, Progressive, initially denied an uninsured motorist claim, leading Texas City Patrol to allege misrepresentation by El Dorado regarding coverage. Texas City Patrol subsequently sued El Dorado, alleging violations of the Texas Insurance Code, DTPA, breach of contract, and breach of the duty of good faith and fair dealing. The trial court granted El Dorado's motion to dismiss and awarded attorney's fees. The appellate court affirmed the trial court's decision, concluding that El Dorado, as an insurance agent and not the insurer, was not liable under the various statutes and common law duties invoked by Texas City Patrol.

Insurance LawDeceptive Trade Practices ActBreach of ContractDuty of Good Faith and Fair DealingPrompt Payment of Claims ActMotion to DismissTexas Rule of Civil Procedure 91aInsurance Agent LiabilityUninsured Motorist CoverageAttorney's Fees
References
7
Case No. ADJ6622799
Regular
Oct 18, 2013

TERRY A. WIRTH vs. STATE OF CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns the denial of a Petition for Reconsideration filed by the defendant, the State of California Highway Patrol. The applicant, Terry A. Wirth, suffered a continuous trauma injury (prostate cancer) leading to urinary and erectile dysfunction. The Appeals Board adopted the Workers' Compensation Judge's report, finding that the date of injury was in 2008, determining the applicable permanent disability compensation rate based on that date. The Board also found ample evidence supporting the agreed medical examiner's impairment ratings for the applicant's post-surgical conditions, dismissing the defendant's objections.

Workers' Compensation Appeals BoardState of California Highway PatrolState Compensation Insurance FundPetition for ReconsiderationPermanent disability compensation rateLabor Code section 5412Urinary incontinenceErectile dysfunctionCommon postprostatectomy symptomsWhole person impairment ratings
References
3
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