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

Case No. ADJ9103955
Regular
Aug 25, 2014

EMMANUEL BRISENO vs. CALTRANS, Permissibly Self-Insured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation appeal where the defendant, Caltrans, sought reconsideration of an award of temporary disability benefits. Caltrans argued the award should credit benefits already paid by the Employment Development Department (EDD) to prevent double recovery. The Appeals Board granted reconsideration, agreeing that the award needed adjustment for the EDD's potential lien. Consequently, the Board amended the award to require the parties to adjust the benefit amount, taking into account the EDD's potential lien interest.

Workers' Compensation Appeals BoardADJ9103955Emmanuel BrisenoCALTRANSPermissibly Self-InsuredState Compensation Insurance FundTemporary Disability IndemnityEmployment Development Department (EDD)EDD LienDouble Recovery
References
0
Case No. ADJ8794924
Regular
Nov 12, 2013

PHILLIP POSTON vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

This case involves a Caltrans road maintenance worker who claimed psychological injury due to alleged workplace harassment. The applicant's claim was denied by the Workers' Compensation Appeals Board (WCAB). The applicant sought reconsideration, arguing the denial was erroneous. The WCAB denied the petition, adopting the WCJ's report which found the applicant failed to prove a compensable injury. The WCJ concluded the matter stemmed from an employment dispute rather than a medical condition, and the applicant did not meet the burden of proof.

Petition for ReconsiderationWCJ ReportDenialCaltransState Compensation Insurance FundPhillip PostonADJ8794924workers' compensationinjurypsyche
References
1
Case No. ADJ16236352
Regular
Apr 08, 2025

RAHMATOLAH YAGHOUBI vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the death of Rahmatolah Yaghoubi. The case centered on whether Yaghoubi's fatal injury, sustained during an assault on a public sidewalk on a paid holiday, arose out of and in the course of his employment with CalTrans. The Board affirmed the Workers' Compensation Judge's finding that Yaghoubi, a civil engineer known for working extended and flexible hours from home, was considered to be in the course of employment under the personal comfort doctrine. Furthermore, the assault was classified as a neutral risk, making the injury compensable.

Workers' Compensation Appeals BoardCALTRANSPetition for ReconsiderationLabor CodeAdjudication NumberOpinion and OrderAdministrative Law JudgeReport and RecommendationArising Out of EmploymentCourse of Employment
References
22
Case No. ADJ472660 (OAK 0340533)
Regular
Dec 28, 2016

DAVID HUGHES vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

In *Hughes v. Caltrans*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed on October 13, 2016. This grant is based on an initial review and the need for further study of the factual and legal issues to ensure a just decision. All communications regarding the petition must now be filed directly with the WCAB Commissioners' office, not district offices, and are not to be e-filed. Trial-level documents unrelated to the petition continue through the usual EAMS process, but proposed settlements require prompt notification to the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)WCJ
References
0
Case No. ADJ2041680 (MON 0361210)
Regular
Aug 03, 2009

RAYMOND ORTEGA (Deceased) ELIZABETH ORTEGA (Widow) NOAH ORTEGA and ANDREA ORTEGA (Minors) vs. CALTRANS; Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case involves a deceased Caltrans employee whose widow and child sought death benefits. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that the employee's death was industrially related, overturning the defendant's argument that it was not substantial evidence. The WCAB also amended the original award to defer the specific amounts for death benefits and attorney fees, returning the case to the trial level for clarification on payment methods. This amendment addresses a clerical error regarding earnings and clarifies that accrued death benefits should be paid at the stipulated temporary disability rate, divided between dependents, not as separate full rates.

Workers' Compensation Appeals BoardCaltransLegally UninsuredState Compensation Insurance FundOpinion and Decision After ReconsiderationStipulationIndustrial InjuriesDependantsBurial ExpensesAttorney Fees
References
7
Case No. ADJ769213 (FRE0198930)
Regular
Apr 10, 2023

MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

Petition for ReconsiderationGranting ReconsiderationRescind Minute OrderSubstitute OrderPreserve ElectionCalTransDefer IssuesThreshold IssueSubstantial EvidenceEvidentiary Record
References
6
Case No. ADJ2765369 (SBR 0336967)
Regular
Dec 26, 2012

GARY HEACOCK vs. STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF TRANSPORTATION - DISTRICT 8, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over temporary disability overpayments to Gary Heacock following a 2007 back injury. The defendant, Caltrans, sought credit for temporary disability benefits paid from December 15, 2008, to March 25, 2009, arguing the applicant reached permanent and stationary status on the earlier date. The Workers' Compensation Appeals Board granted reconsideration to amend the award. The Board found the applicant was fully indemnified through March 25, 2009, and denied Caltrans' credit for overpayment, recognizing the equitable implications on the applicant's permanent disability award.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityPermanent and StationaryAgreed Medical Examiner (AME)OverpaymentCreditLabor Code section 4656(c)(1)Industrial Disability Leave
References
2
Case No. ADJ666571 (LAO 0788334)
Regular
Jan 24, 2011

DEMETRIUS FREEMAN vs. CALTRANS; SCIF STATE EMPLOYEES COMMERCE

The Appeals Board granted reconsideration of the WCJ's decision which denied a lien claim due to the lien claimant's non-appearance at trial. The Board found the WCJ failed to follow proper procedure by not issuing a notice of intention to dismiss or hearing evidence after the claimant's absence. Consequently, the WCJ's decision was rescinded, and the case is remanded for further proceedings to ensure due process for the lien claimant. The Board also noted the potential for sanctions against the lien claimant for failing to appear.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderLien TrialPetition for ReconsiderationVerificationLabor CodeDue ProcessNotice and Opportunity to be Heard
References
4
Case No. ADJ3699701 (GRO 0033759) ADJ624834 (GRO 0033758)
Regular
Dec 19, 2011

Barbara Edwards vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the defendant's petition for reconsideration because it was filed prematurely. The Board's prior decision rescinded the judge's findings and remanded the case for a new decision, explicitly stating no findings were made at that stage. Defendant mistakenly sought reconsideration of the Board's procedural order, not a final decision that determined substantive rights or liabilities. The Board also noted misrepresentations by the defendant regarding its prior opinion.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing PetitionOpinion and OrderJoint Findings and AwardAmended Joint Findings and AwardPermanent Total DisabilityApportionmentMedical EvidenceLabor Code Section 4662(d)
References
5
Case No. OAK 0321831
Regular
Jun 23, 2008

ANTOINETTE TATE-ANDREWS vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and remanded the case. The Board held that Industrial Disability Leave (IDL) payments must be counted towards the 104-week cap on temporary disability benefits as established by Labor Code section 4656. This decision aligns with the appellate court's ruling in *Brooks v. Workers' Comp. Appeals Bd.*, which found IDL to be statutorily equivalent to temporary disability.

Industrial Disability LeaveTemporary Disability Indemnity104-week capLabor Code section 4656aggregate disability paymentsSB 899Brooks v. Workers' Comp. Appeals Bd.statutory definitionmutually exclusive benefitsfunctional equivalent
References
4
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