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

Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. LBO 0337338 LBO 0337339
Regular
Dec 14, 2007

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and amended the prior decision regarding Michael Brajevich's claims against Torrance Unified School District. The amended decision affirmed findings regarding injuries to Brajevich's left lower extremity, back, cerebrovascular, and cardiovascular systems. It also specified temporary total disability periods and confirmed an attorney's fee of $67,238.00 to be deducted from sums due to the applicant.

BrajovichTorrance Unified School DistrictReconsideration GrantedDecision AmendedLeft Lower Extremity InjuryBack InjuryCerebrovascular ConditionStrokeCardiovascular System InjuryPrincipal
References
Case No. ADJ10737420, ADJ11230735
Regular
May 28, 2019

METHVEN BROWN (Deceased), JANINE BROWN (Widow) vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, SACRAMENTO COUNTY PROBATION DEPARTMENT

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury to the decedent's heart or cerebrovascular system. The widow argued the administrative law judge erred by disallowing further discovery from a cardiologist. However, the Board adopted the judge's report, which noted a neurologist already testified that heart trouble and industrial stress were not medically probable causes of the decedent's stroke and death. The applicants failed to demonstrate why a cardiologist would be more competent to offer such opinions.

Methven BrownJanine BrownCounty of SacramentoSacramento County Probation DepartmentADJ10737420ADJ11230735Petition for ReconsiderationJoint Findings and Orderindustrial injuryheart injury
References
Case No. ADJ7785974
Regular
Mar 20, 2019

REFUGIO JOSE ALFARO (Deceased) vs. INTERSTATE HOME SERVICES, INSURANCE COMPANY OF THE WEST GROUP

This case involved a worker's compensation claim for death benefits after Refugio Alfaro died from a myocardial infarction. The defendant contested that the death was industrially caused, challenging the qualified medical examiner's (QME) opinion. The Appeals Board affirmed the finding of industrial causation, finding the QME's opinion substantial evidence supported by deposition testimony. However, the Board rescinded the award and returned the case for further proceedings to identify and determine eligibility of dependents, as the original applicant spouse was deceased.

AOE/COEmyocardial infarctiondeath benefitsQMEsubstantial evidencereconsiderationWCJindustrial causationdependencyaggravated condition
References
Case No. ADJ1609633 (POM 0277100)
Regular
May 28, 2014

DAVID WILSON (Deceased), PATRICIA WILSON (Widow) vs. POMONA UNIFIED SCHOOL DISTRICT

This case concerns a widow's claim for workers' compensation death benefits following her husband's fatal myocardial infarction. The applicant argued cumulative occupational stress caused his cardiovascular condition and death. However, the Administrative Law Judge and the Appeals Board found the decedent's death resulted from diverticular bleeding leading to a heart attack, a condition deemed not work-related by the chosen medical expert. The Board affirmed the decision denying the claim, finding the medical evidence supporting a non-industrial cause to be more persuasive.

WCABIndustrial InjuryCardiovascular SystemHypertensionHypertensive Ventricular HypertrophyMyocardial InfarctionCumulative Occupational StressDiverticular BleedingColectomyCausation
References
Case No. ADJ1994269 (LBO 0278150)
Regular
Feb 04, 2013

RAYMOND LANE vs. CAMPBELL HALL SCHOOL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns applicant Raymond Lane's permanent disability rating following a myocardial infarction and subsequent psychiatric injury. The Board granted reconsideration, modifying the previous award to reflect a 93.5% permanent disability rating. This adjustment was based on the Board's finding that while cardiac permanent disability is apportionable, psychiatric permanent disability is not to be apportioned to non-industrial factors, aligning with expert medical opinions and statutory requirements. The applicant is awarded a specific weekly payment for a set period, followed by a life pension, with provisions for attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationPermanent DisabilityApportionmentLabor Code Sections 4663Labor Code Sections 4664Myocardial InfarctionPsychiatric InjuryAgreed Medical Evaluators (AMEs)
References
Case No. SFO 0478646
Regular
Jan 07, 2000

ERLINDA BRINGAS vs. CITY AND COUNTY OF SAN FRANCISCO, LAGUNA HONDA HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and removal to allow the defendant, City and County of San Francisco, to submit a trial transcript. The defendant seeks to challenge the finding that the applicant sustained a compensable industrial heart attack on January 22, 2003, arguing it was not supported by evidence and that the claim is time-barred. The Board's decision is conditional on the defendant's compliance with specific filing procedures for the transcript.

Workers' Compensation Appeals BoardReconsiderationRemovalIndustrial InjuryMyocardial InfarctionCardiovascular SystemStatute of LimitationsTollingIndustrial CausationCumulative Trauma
References
Case No. ADJ2862412; ADJ4159325
Regular
Dec 17, 2008

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT; KEENAN ASOCIATES TORRANCE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the prior award. The defendant sought reconsideration based on claims of exceeding authority, insufficient evidence, and unsupported findings regarding medical treatment for the applicant's stroke, which had been deemed industrial. The Board adopted the Workers' Compensation Judge's report, finding the defendant's arguments lacked merit and that they failed to present sufficient evidence to dispute the reasonableness of the medical lien or justify non-payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardReport of Workers' Compensation JudgeIndustrial InjuryLeft Lower ExtremityBackCardiovascular SystemCerebrovascular ConditionStroke
References
Case No. ADJ3259433 (GOL 0088786) ADJ1074235 (GOL 0094396)
Regular
Aug 28, 2009

Sonnia Waugh vs. FRANCISCAN FRIARS OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, In Liquidation

This case involves a workers' compensation claim for industrial injuries to the back, lower extremities, and heart, with a dispute over psyche injury. The Appeals Board affirmed the finding of industrial heart injury, relying on medical evidence that the prescribed pain medication contributed to the heart attack. However, the Board deferred the issue of psyche injury, remanding it for further proceedings to determine if it arose from the industrial injury and to potentially reassess permanent disability and attorney's fees. The matter of cumulative trauma injury in a separate claim was also left unresolved at the trial level.

CIGAReliance Insurance CompanyWCJindustrial injuryspecific injurycumulative traumareconsiderationsubstantial evidenceapportionmentmedical treatment
References
Case No. ADJ7026523; ADJ7026470
Regular
Oct 26, 2011

Nancy Parker vs. FOLSOM ORTHOPEDIC SURGERY, HARTFORD FIRE INSURANCE COMPANY

This case involves Nancy Parker's claims of work-related heart injury stemming from exposure to an aerosol cleaner and emotional distress from a co-worker. The Workers' Compensation Appeals Board denied reconsideration of the WCJ's findings. The WCJ found that the alleged exposure to the cleaning product likely occurred weeks before the claimed injury date, and the applicant's description of her interaction with the co-worker was significantly inaccurate. Consequently, the WCJ concluded the applicant did not sustain industrial injuries as alleged.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.Folsom OrthopedicsHartford Fire Insurance CompanyADJ7026523ADJ7026470cumulative traumaSprayway
References
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