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

Case No. ADJ3855232 (LAO 0400735)
Regular
Apr 01, 2015

Roberto Barrero vs. Knudsen Dairy Corporation, Fireman's Fund Insurance Company

This case involves a dispute over the compensability of cardiovascular injury and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following a 1975 industrial injury. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant failed to prove CIDP was work-related but sustained his burden that cardiovascular treatment is a compensable consequence of the industrial injury. The WCAB clarified that enforcing medical treatment for the cardiovascular condition, which arose during authorized back surgery, falls under its continuing jurisdiction, not a prohibited amendment of the original award more than five years post-injury. Medical opinions regarding causation were found to constitute substantial evidence, resolving conflicting expert testimony.

Workers' Compensation Appeals BoardRoberto BarreroKnudsen Dairy CorporationFireman's Fund Insurance CompanyADJ3855232Van Nuys District OfficeOpinion and Decision After ReconsiderationFindings of FactWCJindustrial injury
References
17
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
2
Case No. ADJ3300067
Regular
Feb 01, 2010

AL DAVENPORT vs. CORCORAN UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED PLEASANTON

The Workers' Compensation Appeals Board denied the applicant's reconsideration of an amended award. The applicant sought permanent disability benefits for a cardiovascular condition, arguing the industrial incident caused permanent disability, not just temporary aggravation. The Board found that the agreed medical examiner's opinion, which attributed the applicant's permanent cardiovascular disability to non-industrial risk factors, constituted substantial evidence. Therefore, the WCJ's finding of temporary aggravation with no permanent disability was upheld.

Workers Compensation Appeals BoardAmended Findings and Awardindustrial injurypsychecardiovascular systemtemporary aggravationpermanent disabilityreconsiderationAgreed Medical Examiner (AME)Escobedo v. Marshalls
References
6
Case No. FRE 0199644
Regular
Jun 23, 2008

Luis Gallegos vs. PURGASON LANDSCAPE MAINTENANCE, PREFERRED EMPLOYERS INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, returning the case to the trial level for further development of the record. Applicant Gallegos contended the WCJ erred in denying claims for industrial injury to his low back and for cardiovascular disability. The Board found inconsistencies in the Agreed Medical Examiner's reports regarding the back injury and noted potential work-relatedness of cardiovascular issues based on medication side effects, necessitating further medical clarification.

ReconsiderationAgreed Medical Examiner (AME)Industrial InjuryLow Back InjuryCardiovascular DisabilityApportionmentMedical EvidenceFurther DevelopmentWCJ DecisionRescinded
References
3
Case No. ADJ10733376, ADJ10707736
Regular
Mar 12, 2018

MARILYN BAKER vs. MERCURY INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns an applicant's claim for workers' compensation benefits due to a work-related injury to her cardiovascular system and heart. The defendant sought reconsideration of the initial award, arguing the applicant lacked credibility and the medical evidence was insufficient. The Appeals Board granted reconsideration solely to defer the issue of injury to internal organs for ambiguity. The Board affirmed the original finding of industrial injury to the cardiovascular system and heart, giving great weight to the WCJ's credibility determinations.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardInjury AOE-COECasualty AdjusterCardiovascular SystemHeart InjuryMedical EvidenceCredibility DeterminationTranscript
References
1
Case No. ADJ2246339 (VNO 0451694), ADJ4352653 (VNO 0487138), ADJ2131157 (VNO 0451693)
Regular
May 06, 2010

JOE DELIA vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involved a deputy sheriff who sustained multiple industrial injuries, including to his spine, hands, cardiovascular system, and auditory system. The defendant sought reconsideration of a joint award for 99% permanent disability, arguing for separate awards and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's decision. The Board found that the "anti-attribution" statutes precluded apportionment for spinal, cardiovascular, and hernia injuries, and the defendant failed to prove overlap with a prior award, thus justifying a single joint award.

WCABJoint Findings of Fact and Awardreconsiderationpermanent disabilityapportionmentLabor Code § 4664Benson v. Permanente Medical Groupanti-attributionLabor Code § 3212Labor Code § 3212.3
References
10
Case No. ADJ9572711
Regular
May 20, 2019

RENE HINOJOSA vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition and granted the applicant's petition for reconsideration. The Board affirmed the original finding of injury to the psyche and cardiovascular system, including hypertension, but amended the award. Crucially, the Board found that Labor Code section 3212.2 applied due to the applicant's custodial duties, thus precluding apportionment of permanent disability for hypertension and cardiovascular disease under Labor Code section 4663(e). This resulted in an increased permanent disability rating of 73% and entitlement to a life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardstationary engineerpsyche injurycardiovascular systemhypertensionheart trouble presumptionLabor Code Section 3212.2Labor Code Section 4663(e)
References
1
Case No. ADJ8942156
Regular
Jan 29, 2016

CHRIS KUDELKA vs. CITY OF COSTA MESA FIRE DEPARTMENT

The Workers' Compensation Appeals Board reversed a prior decision regarding apportionment in this case. While upholding the finding of no apportionment for hypertensive cardiovascular disease, the Board amended the award to include apportionment for GERD, neck, back, and headaches based on AME opinions. The Court determined that the prior award for valvular heart disease was a distinct injury from the current hypertensive cardiovascular disease, thus precluding apportionment under Labor Code section 4664. Finally, the Court found that the defendant failed to prove overlap between the prior and current cardiac injuries.

Workers' Compensation Appeals BoardChris KudelkaCity of Costa Mesa Fire DepartmentAdminSure Diamond BarReconsiderationCumulative Industrial InjuryHypertensive Cardiovascular DiseaseApportionmentLabor Code section 4664(b)Stipulated Award
References
3
Case No. ADJ6798938, ADJ6798837, ADJ6798976, ADJ5801676
Regular
May 21, 2012

PAUL MARQUIS vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case involves applicant Paul Marquis's workers' compensation claims for orthopedic and cardiovascular injuries. Both applicant and defendant sought reconsideration of the original award, raising issues of permanent disability calculation and apportionment of injuries. The Appeals Board granted both petitions, rescinded the original award, and returned the case to the WCJ for a new decision. This decision clarifies that apportionment was improperly applied to the applicant's cardiovascular injury due to a misapplication of causation versus disability, but found Dr. Brourman's apportionment of the right shoulder injury to be appropriate given the evidence.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentLabor Code Section 3212Cardiovascular InjuryOrthopedic InjuriesDeputy SheriffSpecial AgentPanel Qualified Medical EvaluatorAgreed Medical Evaluator
References
19
Case No. ADJ9570414, ADJ9570416
Regular
Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212
References
0
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