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

Case No. ADJ9128958
Regular
Jun 18, 2019

CECILIA DUARTE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, INSTITUTION FOR MEN

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct an award based on a stipulation of facts. The original award incorrectly listed the State Compensation Insurance Fund (SCIF) as a party liable for the award. The WCAB rescinded the previous award and issued a new one, properly identifying the employer, Department of Corrections Institution for Men, as the sole defendant. The new award includes temporary and permanent disability indemnity, medical treatment, and reimbursement for expenses, with specific terms for permanent disability and attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationLegally UninsuredStipulations with Request for AwardAdjusting AgencyRescinded AwardTemporary Disability IndemnityPermanent Disability IndemnityLife PensionMedical Treatment
References
0
Case No. ADJ2468227 (RIV 0049790)
Regular
Jul 09, 2012

LESLIE GRAHAM vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS AND REHABILITATION, CALIFORNIA INSTITUTION FOR MEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an Arbitrator's Findings and Award in the case of Leslie Graham versus the State of California, Dept. of Corrections and Rehabilitation. Both the applicant and defendant sought reconsideration. The WCAB granted this to allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the WCAB Commissioners' office.

Workers' Compensation Appeals BoardLeslie GrahamDepartment of Corrections and RehabilitationCalifornia Institution for Menlegally uninsuredState Compensation Insurance FundADJ2468227RIV 0049790Petition for ReconsiderationArbitrator's Findings and Award
References
0
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
12
Case No. ADJ9433946
Regular
Feb 19, 2015

ELLEN REED vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

In *Reed v. State of California, CDCR California Correctional Center*, the applicant, Ellen Reed, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The Board believes reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemRedding District Office
References
0
Case No. ADJ8613780
Regular
Jan 12, 2017

GLENN PARKER vs. KANSAS CITY CHIEFS, TIG/FAIRMONT PREMIER INSURANCE COMPANY, NEW YORK GIANTS, GULF/TRAVELERS INSURANCE COMPANY, BUFFALO BILLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY

This case concerns whether California has sufficient jurisdiction to hear a workers' compensation claim for cumulative injury filed by a former professional football player. The applicant played 12 out of 176 total games in California, which the majority found to be a de minimis contact insufficient for California to assert jurisdiction due to due process concerns, citing the *Johnson* case. The Board affirmed the trial judge's decision to deny jurisdiction, while also correcting a clerical error regarding the insurer. A dissenting commissioner argued that California's interest in protecting workers injured within the state is substantial and that the applicant's contacts were not de minimis.

WCABcumulative industrial injuryprofessional athletede minimis California contactsdue processsubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)constitutional due processextraterritorial provisionsstatutory exemption
References
14
Case No. ADJ480835 (MON 0345825 ADJ1647176 (MON 0345824)
Regular
Nov 29, 2018

RONNIE PHELPS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CALIFORNIA INSTITUTION FOR MEN

This case concerns Ronnie Phelps' workers' compensation claim for $100\%$ permanent disability due to multiple injuries and cumulative trauma. The defendant appeals the finding of total permanent disability, citing the *Fitzpatrick* decision and questioning the vocational expert's report and apportionment of a prior award. The Workers' Compensation Appeals Board granted reconsideration to allow for development of the record and correction of clerical errors. The matter is returned to the trial level for a new permanent disability award consistent with *Fitzpatrick*, deferring final determination on disability, attorney fees, and specific apportionment issues.

Welfare Appeals Boardcorrectional officerpermanent disabilityapportionmentcumulative traumavocational expertLabor Code section 4664(c)(1)clerical errorReconsiderationAgreed Medical Examiners
References
1
Case No. ADJ10625165
Regular
Apr 26, 2019

Rafael Arevalo vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, CALIFORNIA CORRECTIONAL INSTITUTE-TEHACHAPI

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's claim for a psychiatric injury. The initial finding by the WCJ recognized industrial hypertension but denied a psychological injury despite medical evidence of PTSD. The WCAB found the medical opinions regarding causation were not substantial evidence due to an incorrect factual history and potential confusion between legal standards. Therefore, the case is remanded for further proceedings to develop the record, particularly concerning the applicant's psychiatric injury causation and the definition of "actual events of employment."

WCABAOE/COEHypertensionPsyche injuryPosttraumatic Stress DisorderPTSDViolent actActual events of employmentPredominant causeSubstantial cause
References
14
Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. MISSING
Regular Panel Decision

O'ROURKE v. Smithsonian Institution Press

Kevin O'Rourke filed a copyright infringement action against the Smithsonian Institution Press and The Smithsonian Institution, alleging they infringed his book "Currier and Ives: The Irish in America" by publishing "Currier and Ives: America Imagined." The defendants moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that 28 U.S.C. § 1498(b) grants exclusive jurisdiction over copyright claims against the United States to the Court of Federal Claims. O'Rourke contended that the defendants were independent entities not falling under "the United States" for the statute's purposes. The Court, however, found that "the United States" in Section 1498(b) should be interpreted broadly, encompassing the Smithsonian Institution and its press, referencing previous rulings where the Smithsonian was considered part of the federal government. Consequently, the Court concluded it lacked subject matter jurisdiction and granted the defendants' motion to dismiss, closing the case.

Copyright InfringementSubject Matter JurisdictionFederal Copyright ActCourt of Federal ClaimsSmithsonian InstitutionUnited StatesSovereign ImmunityMotion to Dismiss28 U.S.C. § 1498(b)Tucker Act
References
5
Case No. ADJ480835 (MON 0345825) ADJ1647176 (MON 0345824)
Regular
Jun 14, 2019

RONNIE PHELPS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CALIFORNIA INSTITUTION FOR MEN, Legally Uninsured; administered by STATE COMPENSATION INSURANCE FUND

This case involves cross-petitions for reconsideration of a workers' compensation award. The Appeals Board denied the applicant's petition but granted the defendant's petition to correct a clerical error. The original award is affirmed, with the sole amendment being that the issue of attorney fees is deferred. This decision adopts and incorporates the reasoning of the workers' compensation judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Joint ReportAdministrative Law JudgeFindings of Fact & AwardAttorney FeesClerical ErrorLegally UninsuredState Compensation Insurance FundDecision After Reconsideration
References
0
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