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Case Law Database

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

Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
Case No. ADJ8464782
Regular
Oct 23, 2017

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Chronic myelogenous leukemiaIndustrial injuryPetition for reconsiderationQualified medical evaluatorOncologyLatency periodLabor Code section 5412Labor Code section 5500.5Coverage periodAdministrative law judge
References
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ6955681
Regular
Jul 22, 2014

PAUL WEAVER vs. CITY OF STOCKTON, Permissibly Self-Insured, Administered by CORVEL

In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryCumulative TraumaLeukemiaPermanent Partial DisabilityPresumptionLabor Code Section 3212.1Firefighter
References
Case No. ADJ1623796 (VEN 0099796) ADJ4140441 (VEN 0089494)
Regular
Apr 30, 2013

Sharon Barnes vs. John McNeil, D.D.S, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The Board found that the applicant sustained an industrial injury to her neck and back, resulting in fibromyalgia and chronic fatigue syndrome. While affirming most of the prior award, the Board specifically changed the commencement date of the second period of temporary disability to February 11, 2011, aligning with a QME's opinion regarding the applicant's condition. Consequently, attorney fees were adjusted to reflect this revised period of temporary disability.

WCABReconsiderationFindings Award OrderIndustrial InjuryFibromyalgiaChronic Fatigue SyndromeChronic Pain SyndromeQualified Medical EvaluatorQMETemporary Disability Indemnity
References
Case No. ADJ3613146 (VNO 0532199)
Regular
May 28, 2019

MIGUEL VALDIVIA (Deceased), MARIA VALDIVIA (Widow) vs. CONDOR PACIFIC INDUSTRIES, SAFECO INSURANCE, LIBERTY MUTUAL INSURANCE

This case involves a widow's petition for reconsideration of a workers' compensation judge's decision denying her deceased husband's claim for industrial injury leading to leukemia and myelodysplasia. The judge initially found no industrial injury and also lacked jurisdiction due to an unfiled dependency claim. However, the judge now recommends further review, particularly regarding a qualified medical evaluator's opinion. The Appeals Board granted reconsideration, upholding the jurisdictional finding but deferring all other issues for further development of the medical record and reanalysis at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryLeukemiaMyelodysplasiaDependency ClaimJurisdictionDeath BenefitsQualified Medical Evaluator
References
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
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