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

Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ388201
Regular
Nov 12, 2010

RONALD WECHSLER vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

Defendant sought reconsideration of a prior WCAB decision that allowed applicant to reopen his case for increased permanent disability due to industrial hypertensive disease and resulting end-organ damage. Defendant argued that end-organ damage occurring outside the five-year limit from the date of injury barred recovery for new and further disability. The WCAB denied reconsideration, reaffirming that the parties' stipulation of injury to the cardiovascular system, including "hypertension and end organ damage," was binding and encompassed the current claim. The case is returned to the WCJ for determination of the extent of the applicant's increased permanent disability.

Petition to ReopenNew and Further DisabilityReconsideration DeniedPermanent DisabilityHypertensive DiseaseCardiovascular DiseaseEnd Organ DamageStipulated AwardDate of InjuryWCJ Decision
References
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
Case No. ADJ7469760
Regular
Mar 25, 2016

GILBERT MARENTEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CALIFORNIA REHABILITATION CENTER

The Appeals Board affirmed the finding of industrial injury and 84% permanent disability for hypertensive cardiovascular disease but modified the start date for the 15% permanent disability increase under Labor Code section 4658(d)(2) to January 19, 2014. The Board also upheld the requirement for the employer to provide treatment for the applicant's non-industrial diabetes when necessary to cure or relieve the effects of the industrial injury. The Board also affirmed the WCJ's discretionary allowance of a credit to the defendant for overpaid temporary disability benefits. The case is returned for reissuance of the award with the correct section 4658(d) date and determination of SAWW and attorney fees.

Workers' Compensation Appeals Boardhypertensive cardiovascular diseasecoronary artery diseasearrhythmiapermanent disabilityLabor Code section 4658(d)(2)temporary disability creditAgreed Medical Examiner (AME)permanent and stationary dateQualified Injured Worker (QIW)
References
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. ADJ1892285 (SAC 0364476)
Regular
Apr 24, 2009

BEVERLY LINDSAY (Widow) vs. EPPS CHEVROLET-PONTIAC-OLDSMOBILE, CAMBRIDGE SAN DIEGO

This case involves a widow's petition for reconsideration of a denial of death benefits for her husband, William Lindsay, who died of heart disease. The applicant argued the deceased's death was industrially caused due to cumulative trauma and stress, supported by her testimony and one medical evaluator's opinion. However, the defense medical evaluator opined that Mr. Lindsay's fatal heart condition was due to non-industrial causes like obesity and a possible viral infection, and was not exacerbated by work stress. The Board denied reconsideration, adopting the findings of the administrative law judge and finding the defense medical opinion more persuasive and substantial.

WCABPetition for Reconsiderationindustrial cumulative traumaheart diseasecardiovascular systemwidow's claimdate of knowledgequalified medical evaluatorsubstantial evidencenon-industrial conditions
References
Case No. ADJ8906863
Regular
Feb 17, 2023

YURI MARKEVITCH vs. HITACID GLOBAL STORAGE TECHNOLOGY, TOKIO MARINE and FIRE INSURANCE COMPANY LTD, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of a Legionnaires' disease claim. The applicant contracted the disease during a business trip abroad, which was deemed to have arisen out of and in the course of employment. The Board found the applicant was exposed to a special risk due to travel, distinguishing this case from prior precedents involving non-infectious diseases. Therefore, the Board upheld the compensability of the applicant's injury.

AOE/COELaTourette v. Workers' Comp. Appeals Bd.course of employmentarise out of employmentcommercial traveler ruleinfectious diseasespecial exposurerisk of communitymedical expert opinionLegionella Pneumonia
References
Case No. ADJ6821851, ADJ6914728
Regular
Jun 07, 2013

ANTONIO MEJIA vs. GOTHIC GROUNDS MANAGEMENT, OLD REPUBLIC CONSTRUCTION PROGRAM GROUP

The Appeals Board granted reconsideration of the WCJ's decision finding industrial injury to the applicant's heart and cardiovascular system. The Board rescinded the award, finding the opinion of the applicant's treating physician unsubstantial due to a lack of detailed reasoning and contradictory evidence regarding work conditions. Conversely, the Board found the QME's opinion that Chagas disease was the sole cause of the cardiac arrest to be well-reasoned and substantial, leading to the denial of applicant's claims. Consequently, the Board ordered that the applicant take nothing by way of his claims.

Workers' Compensation Appeals BoardReconsiderationJoint Partial Findings of FactAwards & OrdersInjury AOE/COEHeart and Cardiovascular SystemLandscaperTemporary DisabilityPermanent DisabilityApportionment
References
Case No. ADJ4129353 (VNO 0559667)
Regular
Jun 09, 2010

DONALD GRIFFIN vs. CITY OF TORRANCE, Permissibly Self-Insured

This case involves a firefighter claiming industrial injury to hypertension, cardiovascular, spine, and gastrointestinal systems. The defendant sought reconsideration, arguing the WCJ erred in denying apportionment for the applicant's hypertensive heart disease and spine injury. The Appeals Board denied reconsideration, agreeing with the WCJ that the orthopedic apportionment by the Agreed Medical Examiner was too speculative. The Board also found the WCJ correctly relied on the internal medicine AME's opinion to conclude the hypertensive heart disease resulted from a single cumulative trauma period.

WCABADJ4129353VNO 0559667firefighterhypertensioncardiovascularspine injurygastrointestinalpermanent disabilityapportionment
References
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