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

Case No. ADJ7153763
Regular
Jul 06, 2011

Anne Harrington vs. CALIFORNIA DEPARTMENT OF CORRECTIONS/CALIFORNIA MEN'S COLONY, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Anne Harrington's Petition for Reconsideration because it was improperly filed against a non-final, interlocutory order. Such orders, concerning pre-trial matters like evidence or discovery, do not determine substantive rights or liabilities. The Board also denied her request for removal, finding no showing of substantial prejudice or irreparable harm that would warrant it over regular reconsideration. Therefore, the petition was dismissed and removal was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalFinal OrderInterlocutory OrderSubstantive RightProcedural DecisionEvidentiary DecisionWCJ's Report and Recommendation
References
Case No. ADJ7534513; ADJ7596521
Regular
May 29, 2012

WADE GAVIN vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant, Wade Gavin, seeking workers' compensation benefits for two separate knee injuries. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (ALJ) findings. The ALJ found that the applicant's second claim, filed after termination from employment, was barred by the post-termination statute. This decision was based on the ALJ's finding that the applicant lacked credibility and was intentionally vague about the injury date, while also finding that a timely objection to hearsay evidence was not made. The WCAB adopted the ALJ's report, emphasizing the great weight given to the ALJ's credibility determinations.

Workers' Compensation Appeals BoardCalifornia Men's ColonyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Labor Code §3600(a)(10)post termination statutehearsaycredibility
References
Case No. GRO 031996 GRO 031997 GRO 031998 GRO 032300
Regular
Dec 07, 2007

CHARLES CACCIOLA vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

This case involves the applicant, Charles Cacciola, seeking workers' compensation benefits for multiple industrial injuries. The Workers' Compensation Appeals Board is reconsidering prior decisions concerning the applicable permanent disability rating schedule and the extent of permanent disability. While affirming an award for vocational expert costs, the Board is remanding the permanent disability and attorney fee issues to the trial level for further determination based on recent legal precedents.

Workers' Compensation Appeals BoardCalifornia Men's ColonyState Compensation Insurance Fundreconsiderationpermanent disability2005 Schedule1997 ScheduleLabor Code section 4660(d)vocational expertlitigation costs
References
Case No. ADJ283022
Regular
Oct 06, 2008

DONALD LEWIS vs. CALIFORNIA MEN'S COLONY EAST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration of a July 21, 2008 decision. This was done to allow further study of the factual and legal issues, ensuring a complete understanding of the record for a just decision. All future communications regarding this case should be directed to the Appeals Board's Reconsideration unit, not local offices.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationGrantedDecision After ReconsiderationCalifornia Men's Colony EastState Compensation Insurance FundStatutory Time ConstraintsFactual IssuesLegal Issues
References
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
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ916063
Regular
Dec 24, 2010

TERRY SCUDDER vs. VERIZON CALIFORNIA, INC., SEDGWICK CMS

This case involves a petition for reconsideration filed by defendant Verizon California, Inc. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action was taken due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this matter should be directed to the WCAB's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERVERIZON CALIFORNIASEDGWICK CMSSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
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
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
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