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

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
4
Case No. ADJ8691809
Regular
Apr 14, 2017

NICOLE BORAGNO vs. STATE OF CALIFORNIA, CDCR - CENTRAL CALIFORNIA WOMEN'S FACILITY CHOWCHILLA, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Nicole Boragno's workers' compensation claim against the State of California, CDCR. The applicant sought reconsideration of a decision denying the admission of a supplemental medical report. The WCAB denied reconsideration, adopting the WCJ's report which found the supplemental report inadmissible. This was because discovery had closed at the mandatory settlement conference, and the defendant failed to establish good cause for introducing evidence not previously disclosed. The WCJ noted there was no change in circumstances to warrant the late-filed report, distinguishing it from precedent that allows such reports.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationmandatory settlement conferencediscovery closureLabor Code section 5502(d)(3)good causesupplemental reportPQMEapportionmenttimeliness
References
2
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
0
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
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. ADJ6473555 ADJ7393801
Regular
Mar 18, 2014

FRANK JONES (Deceased) vs. CDCR KERN VALLEY STATE PRISON

The Workers' Compensation Appeals Board (WCAB) granted the employer's petition for reconsideration of a prior award, despite the petition being brought to the Board's attention after the statutory deadline. The WCAB tolled the 60-day review period due to a delay in the petition reaching the Board. Reconsideration was granted to allow for a thorough review of the factual and legal issues, ensuring a just decision. All further filings are to be directed to the Office of the Commissioners, not district offices or e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationState Compensation Insurance FundWCJLabor Code § 5909statutory time periodtollingdue processShipley v. Workers' Comp. Appeals Bd.State Farm Fire and Casualty v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ1232228 (STK 0213740)
Regular
Jul 20, 2015

LON VALLEM vs. STATE OF CALIFORNIA, CDCR, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought removal of the judge's findings, dismissal of the Agreed Medical Evaluator (AME), and a new panel, alleging an ex parte communication by the applicant with the AME. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, upholding the judge's decision. The WCAB found no effort to improperly influence the AME, and that the communication occurred after the record was submitted on a non-disputed issue. The WCAB agreed that excluding the specific report from the alleged ex parte communication was sufficient to protect due process.

Petition for RemovalAgreed Medical Evaluator (AME)Ex Parte CommunicationLabor Code Section 4062.3(g)Alvarez v. Workers' Comp. Appeals Bd.Findings & OrdersWorkers' Compensation Administrative Law Judge (WCJ)Qualified Medical Evaluator (QME) PanelDiscovery ClosurePretrial Conference Statement
References
1
Case No. ADJ10335205
Regular
Feb 16, 2017

BARNARD VILLAR vs. STATE OF CALIFORNIA, CDCR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board found the medical opinion of the panel Qualified Medical Examiner (PQME) to be substantial medical evidence, based on an adequate examination and supported by reasoning. This opinion was relied upon by the workers' compensation administrative law judge. Consequently, the applicant's petition was denied.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ ReportAdopted and IncorporatedSubstantial Medical EvidenceReasonable Medical ProbabilityPanel Qualified Medical ExaminerPQMEBarry Gwartz M.D.
References
2
Case No. SAC 0347026
Regular
Aug 07, 2007

JOHN LINGBAOAN vs. STATE OF CALIFORNIA, CDCR SACRAMENTO STATE PRISION, Legally Uninsured

The Appeals Board granted reconsideration, clarifying that the 104-week temporary disability limit under Labor Code § 4656(c)(1) begins from the date temporary disability payments were *first paid*, not when they were owed or ordered. This decision aligns with the *Hawkins* en banc ruling, emphasizing the statutory language regarding commencement of payments. Jurisdiction is reserved for disputes over the exact initial payment date.

WCABReconsiderationTemporary DisabilityTerminationCumulative InjuryCorrectional OfficerHawkinsLabor Code 4656Industrial Disability LeaveIDL
References
1
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
2
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