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Case Law Database

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

Case No. ADJ2590975

Regular

Aug 09, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, STATE COMPENSATION INSURANCE FUND

In **Deleon v. State of California, CDCR**, the defendant sought reconsideration of a decision filed May 20, 2011. The Workers' Compensation Appeals Board (WCAB) granted the petition, recognizing the need for further study of factual and legal issues. This action was deemed necessary to ensure a complete understanding of the record and to issue a just decision. All future filings are to be directed to the WCAB's Commissioners' Office in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCDCRMule Creek PrisonState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After ReconsiderationCommissioners' OfficeFrank M. Brass

References

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

Case No. ADJ2590975 (STK 0190237)

Regular

Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board affirmed a prior award granting medical treatment for applicant's diabetes. Despite the defendant's argument that diabetes treatment was for a non-industrial condition, the Board found it necessary to prevent worsening of the applicant's industrially caused heart disease. Medical evaluators concluded that controlling diabetes is an essential component of treating industrial heart conditions, making the treatment compensable. The decision hinges on the principle that treatment for non-industrial conditions is covered when essential to cure or relieve the effects of an industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600

References

Case No. ADJ8655914, ADJ8475782

Regular

Nov 20, 2019

DAN DIZMON vs. STATE OF CALIFORNIA, FOLSOM STATE PRISON CDCR, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's petition for reconsideration of its prior order that granted reconsideration and issued a decision. This prior decision found that the applicant's heart injury was a specific injury caused by the stress from his specific back injury, based on the Agreed Medical Examiner's opinion. The Board affirmed its reliance on this medical evidence and found the defendant failed to demonstrate it acted without or in excess of its powers. Finally, the Board rejected the applicant's attempt to raise new issues in his Answer as untimely.

Workers' Compensation Appeals BoardDan DizmonFolsom State PrisonCDCRLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationOpinion and Order DenyingNew and Further DisabilitySpecific Injury

References

Case No. ADJ1284568 (BAK 0142029)

Regular

Nov 09, 2015

SHEILA WINBURN vs. STATE OF CALIFORNIA, CDCR - NORTH KERN STATE PRISON, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This order corrects a clerical error in a prior Workers' Compensation Appeals Board decision issued August 21, 2015. The original decision failed to include an attorney fee in the total temporary disability award, which was present in the WCJ's initial ruling. The Appeals Board is correcting this omission to ensure clarity and a complete understanding of the award. The corrected decision now includes the attorney fee payable to Leviton, Diaz & Ginocchio, with other aspects of the August 21, 2015 decision affirmed.

Clerical ErrorAttorney FeeTemporary DisabilityPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardCDCRNorth Kern State PrisonLegally UninsuredAdjusting Agency

References

Case No. ADJ8611839

Regular

Sep 07, 2016

NATALIE CLAYTON vs. STATE OF CALIFORNIA, CDCR PAROLE & COMMUNITY SERVICES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case addresses a claim for industrial colon cancer and hypertension. The Appeals Board denied the Department of Justice's petition for reconsideration, finding their arguments regarding latency periods were unsupported. However, the Board granted the CDCR's petition, overturning the prior finding of industrial causation for colon cancer against the CDCR. This was based on the conclusion that the applicant did not meet her burden of proof for CDCR employment absent the statutory presumption.

Labor Code 3212.1cumulative traumacolon cancerhypertensionpolice officerspecial agentparole officerSan Diego Police DepartmentDepartment of JusticeDepartment of Corrections and Rehabilitation

References

Case No. ADJ1298814

Regular

Mar 26, 2010

PAUL MATHENY vs. STATE OF CALIFORNIA, CDCR-INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a January 6, 2010 decision. This action was taken due to statutory time constraints and a preliminary review indicating the need for further study of the factual and legal issues. The Board seeks a complete understanding of the record to issue a just decision. Pending this, all future communications must be filed with the Board's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCDCR-INMATE CLAIMSlegally uninsuredSTATE COMPENSATION INSURANCE FUNDSTATE CONTRACT SERVICESADJ1298814SBR 0335316Opinion and OrderDecision After Reconsideration

References

Case No. ADJ9499569

Regular

Sep 11, 2018

CHRIS HENDERSON vs. CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, increasing the applicant's permanent disability rating from 16% to 26%. This revision was based on incorporating the agreed medical evaluator's findings of a 14% upper extremity impairment due to decreased shoulder range of motion, which the original rating had omitted. The Board also noted the WCJ's rating instructions did not comply with established precedent regarding listing all impairments. The decision otherwise affirmed the WCJ's findings.

Workers' Compensation Appeals BoardCDCR - Corcoran State PrisonState Compensation Insurance FundPetition for ReconsiderationPermanent Disability RatingAgreed Medical EvaluatorOrthopedistEugene HarrisM.D.Temporary Disability Indemnity

References

Case No. ADJ644289 (SRO 0133984)

Regular

Sep 04, 2012

MAN N. NGUYEN vs. STATE OF CALIFORNIA, CDCR-CALIFORNIA MEDICAL FACILITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a June 22, 2012 decision. This action was taken to allow for further study of the factual and legal issues involved. The WCAB believes this is necessary for a complete understanding of the record and to ensure a just decision. All future communications in this case must be filed in writing with the WCAB Commissioners' office, not district offices or e-filed.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationSTATUTORY TIME CONSTRAINTSFactual IssuesLegal IssuesJUST AND REASONED DECISIONFurther Proceedings

References

Case No. ADJ11125430

Regular

Sep 30, 2019

Tiffany Merritt vs. CDCR-CALIFORNIA INSTITUTE FOR WOMEN; Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision that the applicant did not sustain injury to her psyche arising out of and occurring in the course of employment. The Board found that the applicant's psychological injury was predominantly caused by a lawful, non-discriminatory, good faith personnel action, specifically a transfer to a new department. However, the Board also amended the original order to defer all issues concerning injuries to body parts other than the psyche. These other issues will be returned to the WCJ for further proceedings and decision.

WORKERS' COMPENSATION APPEALS BOARDTIFFANY MERRITTCDCR-CALIFORNIA INSTITUTE FOR WOMENLegally UninsuredSTATE COMPENSATION INSURANCE FUNDADJ11125430Petition for ReconsiderationFindings and OrderWCJHardesty demand

References

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Updated Daily

Case Law Database

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

Case No. ADJ2590975

Regular

Aug 09, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, STATE COMPENSATION INSURANCE FUND

References

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

References

Case No. ADJ2590975 (STK 0190237)

Regular

Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600

References

Case No. ADJ8655914, ADJ8475782

Regular

Nov 20, 2019

DAN DIZMON vs. STATE OF CALIFORNIA, FOLSOM STATE PRISON CDCR, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1284568 (BAK 0142029)

Regular

Nov 09, 2015

SHEILA WINBURN vs. STATE OF CALIFORNIA, CDCR - NORTH KERN STATE PRISON, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

Clerical ErrorAttorney FeeTemporary DisabilityPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardCDCRNorth Kern State PrisonLegally UninsuredAdjusting Agency

References

Case No. ADJ8611839

Regular

Sep 07, 2016

NATALIE CLAYTON vs. STATE OF CALIFORNIA, CDCR PAROLE & COMMUNITY SERVICES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

Labor Code 3212.1cumulative traumacolon cancerhypertensionpolice officerspecial agentparole officerSan Diego Police DepartmentDepartment of JusticeDepartment of Corrections and Rehabilitation

References

Case No. ADJ1298814

Regular

Mar 26, 2010

PAUL MATHENY vs. STATE OF CALIFORNIA, CDCR-INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES

References

Case No. ADJ9499569

Regular

Sep 11, 2018

CHRIS HENDERSON vs. CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ644289 (SRO 0133984)

Regular

Sep 04, 2012

MAN N. NGUYEN vs. STATE OF CALIFORNIA, CDCR-CALIFORNIA MEDICAL FACILITY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ11125430

Regular

Sep 30, 2019

Tiffany Merritt vs. CDCR-CALIFORNIA INSTITUTE FOR WOMEN; Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

References

Showing 1-10 of 39 results

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