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Case Law Database

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

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. 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. 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. 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. 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
17
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. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
14
Case No. ADJ9178345
Regular
Aug 14, 2015

LISA BROWN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION/CALIFORNIA INSTITUTE FOR WOMEN

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the applicant was an employee, not a volunteer, entitled to workers' compensation benefits. The applicant's claim was not time-barred because the defendant failed to notify her of her right to file a claim. The Board also cautioned the defendant's attorneys for citing an overruled case.

Workers' Compensation Appeals BoardDepartment of Corrections and RehabilitationCalifornia Institute for WomenCalifornia Institute for MenForestry and Fire Unitincarcerated applicantvolunteer exclusionLabor Code 3352(i)Labor Code 3365statute of limitations
References
3
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
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