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Case Law Database

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

Case No. ADJ9697744
Regular
May 25, 2018

JASON POIRIER vs. CITY OF MENLO PARK, Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS, CITY OF BRISBANE; Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that denied Jason Poirier's claim for kidney cancer benefits. The Board found that the City of Menlo Park failed to rebut the presumption under Labor Code section 3212.1 that Poirier's cancer was industrially caused. Crucially, the Board ruled that Poirier's prior employment with the City of Brisbane could be combined with his Menlo Park employment to satisfy the minimum latency period for cancer causation, a point the trial judge had incorrectly excluded. Consequently, the Board amended the findings to establish that Poirier sustained an industrial injury and returned the case for benefit determination.

Labor Code section 3212.1renal cell carcinomacarcinogen presumptionrebuttallatency periodcumulative traumapolice officerCity of Menlo ParkCity of Brisbaneindustrial injury
References
Case No. ADJ12075922
Regular
Sep 12, 2025

DANIEL STRAMBI vs. CITY OF FOSTER CITY, THE CITIES GROUP

Defendant sought reconsideration of a Findings of Fact and Award which found applicant sustained injury to multiple body parts resulting in 69% permanent disability and that defendant unreasonably delayed payment of temporary and permanent disability indemnity, leading to penalties. The Appeals Board denied the petition, agreeing with the WCJ's determination that the AME's findings on permanent disability, including the interpretation of AMA Guides for varus deformity and the adding of knee disabilities, constituted substantial evidence. The Board also upheld the imposition of penalties for the defendant's unreasonable delays in paying both temporary and permanent disability benefits.

StrambiCity of Foster CityPetition for ReconsiderationFindings of Fact and Awardpermanent disabilityAgreed Medical Evaluator (AME)Dr. Peter MandellLabor Code section 5814penaltiesunreasonable delay
References
Case No. ADJ18355035
Regular
Sep 16, 2025

Houtan Pezeshkan vs. City of Foster City, The Cities Group

Applicant Houtan Pezeshkan sought compensation for a cumulative trauma injury to his left index finger while employed by the City of Foster City. Defendant City of Foster City petitioned for reconsideration of the WCJ's findings, arguing the applicant's current symptoms were a progression of a prior specific injury rather than a new cumulative injury. The Appeals Board granted the petition for reconsideration, rescinded the original Findings of Fact, and returned the case to the WCJ for further proceedings. This decision was based on the lack of substantial medical evidence to support a separate cumulative injury and the necessity of reviewing medical evidence from the applicant's previous specific injury.

Cumulative traumaSpecific injuryAgreed Medical EvaluatorPetition for ReconsiderationFindings of FactPeriod of injurious exposureDate of injuryWorkers' Compensation Appeals BoardSubstantial evidenceProximate cause
References
Case No. ADJ819895 (LAO 0852444) ADJ640798 (VNO 0517617)
Regular
Apr 08, 2010

JAMIE LEE FOSTER (deceased), GLORIA FOSTER vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

This case involved a deceased firefighter whose estate received partial death benefits under an unconstitutional statute. The Court of Appeal ruled that because the employer had already paid the estate, no further payment was owed to the Death Without Dependents (DWD) Unit. Consequently, the Workers' Compensation Appeals Board (WCAB) amended its prior order to deny the DWD Unit's claim. The Supreme Court declined review, making the appellate court's decision final.

Workers' Compensation Appeals BoardDeath Without Dependents UnitCity of Los Angeles Fire DepartmentJamie Lee FosterGloria FosterremittiturLabor Code section 4702(a)(6)(B)unconstitutionalestate of deceased employeeDWD Unit
References
Case No. ADJ15875592; ADJ16732971
Regular
Aug 25, 2025

JAIME LLAMAS vs. CITY OF ANAHEIM, CITY OF DOWNEY

Applicant Jaime Llamas, a police officer, sustained a cumulative brain injury (cancer) while employed by the City of Downey and the City of Anaheim. The WCJ found both employers jointly and severally liable. Defendant City of Downey sought reconsideration, challenging the last injurious exposure and their liability for temporary disability. The Appeals Board granted reconsideration, rescinded the original Findings and Award, and substituted new findings. The Board confirmed the cumulative injury, clarified employment periods, affirmed the industrial presumption for both employers, established a specific liability period (December 21, 2016, through December 21, 2017) based on medical evidence of latency, and deferred issues of contribution between the employers.

Workers' Compensation Appeals BoardCity of AnaheimCity of DowneyLabor Code section 4850Labor Code section 3212.1Labor Code section 5500.5last injurious exposurecumulative injurypolice officerbrain cancer
References
Case No. ADJ2471707 (OAK 0325825) ADJ1760066 (OAK 0325826)
Regular
Apr 11, 2012

KASSONDRA MORELAND vs. CITY OF UNION CITY, CITY OF SUNNYVALE

This case concerns contribution between two employers for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) amended an arbitrator's decision regarding the date of injury. The WCAB found the date of injury to be December 5, 2005, when the applicant first suffered a wage loss due to medical restrictions. This decision shifts liability for contribution to the employer who employed the applicant during the year preceding this date. A dissenting commissioner argued the date of injury should be later, correlating with the applicant's surgery and receipt of temporary disability benefits.

Cumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5WCABReconsiderationContributionConcurrent EmploymentCity of Union CityCity of Sunnyvale
References
Case No. ADJ9352393, ADJ9352398, ADJ9531390
Regular
Apr 21, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case consolidates three workers' compensation claims for applicant Norman Weseman. The Appeals Board affirmed findings that claims against Superior Ready Mix (ADJ9531390) and the City of Cathedral City (ADJ9352398) for heart/hypertension and firefighter injuries were not barred by the statute of limitations. However, the Board rescinded a finding regarding a specific injury claim against the City of Cathedral City (ADJ9352393) due to insufficient medical evidence on the injury's manifestation date and returned it for further proceedings. The core legal issue concerns when the statute of limitations begins to run for latent industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDNorman WesemanCity of Cathedral CitySuperior Ready MixADJ9352393ADJ9352398ADJ9531390Findings and OrdersReconsiderationStatute of Limitations
References
Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
Case No. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
Case No. ADJ4569483 (STK 0214134)
Regular
Sep 18, 2012

Samuel Turco vs. CITY OF OAKLAND, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted the City of Oakland's petition for reconsideration, overturning a prior finding that Samuel Turco's cumulative trauma heart injury claim was not time-barred. The Board determined that Turco knew or should have known his disability was industrially caused by no later than February 10, 2007, when he sought legal advice and filed a claim related to his 2002 heart attack. Since his claim against the City of Oakland was filed in April 2008, it was deemed barred by the one-year statute of limitations under Labor Code section 5405. Consequently, Turco's claim against the City of Oakland was dismissed.

Workers' Compensation Appeals BoardADJ4569483Samuel TurcoCity of Oaklandcumulative trauma injuryheart and cardiovascular systempolice officerLabor Code section 3212.5statute of limitationsknowledge of compensable disability
References
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