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

Case No. ADJ9826556
Regular
Aug 05, 2016

Spencer Bachus vs. John F. Kennedy Memorial Hospital, Hi-Desert Medical Center

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision finding applicant sustained a work-related viral meningitis injury. Defendants argued insufficient medical evidence linked the injury to employment and that the identified virus was not definitively work-acquired. The WCAB determined the existing medical evidence, particularly the Qualified Medical Evaluator's opinions, did not sufficiently establish a special risk of exposure due to the applicant's specific job duties. The case was returned for further development of the record, including a more detailed analysis of the applicant's job tasks and potential exposure risks, and potentially a new medical evaluation by an infectious disease specialist.

Workers' Compensation Appeals BoardViral meningitisIndustrial injuryDual employmentPanel Qualified Medical Evaluator (PQME)Substantial medical evidenceCausationSpecial riskFurther proceedingsRescinded
References
Case No. ADJ7772997
Regular
Jan 16, 2014

ADRIAN MANNS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to amend a finding of fact regarding applicant Adrian Manns' cumulative trauma injury. While affirming that Manns sustained an industrial injury, the Board revised the period of injury to end in January 2001, aligning with medical examiner opinions. The Board found insufficient evidence to support the presumption of industrial causation under Labor Code sections 5402 or 3212.10. The amended finding now states the injury occurred up to January 2001, including coccidioidomycosis and meningitis.

CoccidioidomycosisMeningitisCumulative TraumaCorrectional OfficerLabor Code section 5402Labor Code section 3212.10Agreed Medical ExaminersDate of InjuryPresumption of Industrial CausationStatute of Limitation
References
Case No. ADJ7857198
Regular
Jan 28, 2019

RANULFO CRUZ, (Deceased) vs. HALL MANAGEMENT CORPORATION, EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, and COMPANION PROPERTY AND CASUALTY INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to the estate of Ranulfo Cruz, a deceased farm laborer. The applicant's death was attributed to Coccidiomycosis (Valley Fever) and meningitis, contracted through exposure during his employment. The WCAB adopted the findings of the administrative law judge, who relied heavily on the medical opinion of Dr. Noriega, the panel QME. Dr. Noriega opined that the decedent's occupational duties, involving soil disruption in an endemic region, presented a statistically greater risk of exposure than non-work activities, establishing industrial causation.

Workers' Compensation Appeals BoardRanulfo CruzHall Management CorporationEverest National InsuranceCompanion Property and Casualty InsuranceADJ7857198Petition for ReconsiderationDeniedWCJ reportsubstantial evidence
References
Case No. ADJ9895453
Regular
Aug 21, 2017

SIR WALTERS (Dec'd), AMORN WALTERS (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an earlier award. The WCAB found that the death certificate alone was insufficient substantial medical evidence to establish the cause of the decedent's death, specifically concerning whether it was due to an industrial injury, a blood-borne infectious disease, or MRSA. Therefore, the case was returned to the trial level for further proceedings and development of the record. The issue of the applicable statute of limitations remains deferred pending this further evidence.

Valley FeverCoccidioidomycosisCocci meningitisMRSACorrectional officerDeath benefitsStatute of limitations240-week limitation420-week limitationLabor Code 3212.8
References
Case No. ADJ6577154
Regular
Jul 19, 2019

LISA RYAN vs. SUTTER MEMORIAL HOSPITAL, Permissibly Self-Insured

This case involves a registered nurse, Lisa Ryan, who claimed a work-related injury to multiple body parts including her spine, head, and nervous system, allegedly resulting in permanent total disability. The defendant, Sutter Memorial Hospital, petitioned for reconsideration of the initial award, disputing the permanent total disability finding. Subsequently, the parties reached a Compromise and Release agreement for $575,857. The Workers' Compensation Appeals Board approved this settlement, rescinding the prior award, finding the agreement adequate and in the applicant's best interest.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationFindings and AwardPermanent Total DisabilityRegistered NurseSpine InjuryHead InjuryBrain InjuryNervous System
References
Case No. ADJ790852
Regular
Apr 05, 2016

LAURA BREITIGAN vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the award to include attorney fees on accrued unpaid permanent disability benefits and correcting clerical errors. The Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability and injury to the lumbar spine. The defendant was also admonished for filing a document exceeding the page limit without prior permission. The applicant, a nurse, sustained industrial injuries to her thoracic spine, lumbar spine, and psyche.

Workers' Compensation Appeals BoardLaura BreitiganCounty of RiversideFindings and Awardindustrial injurythoracic spinelumbar spinepsychepermanent disabilityapportionment
References
Case No. ADJ3399165 (SDO 0332865)
Regular
Sep 27, 2012

DAVID GARCIA vs. WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal and denied his petition for reconsideration. The WCAB found that the applicant's claim for a compensable industrial injury to his lungs and respiratory system, including Valley Fever, was not supported by substantial medical evidence. The WCAB adopted the workers' compensation judge's report, which found the applicant not credible, and noted that the applicant's petition exceeded page limits and contained unprofessional attacks on the judge. The WCAB admonished the applicant's counsel and indicated potential sanctions for future violations.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationWCJcompensable industrial injurylungsrespiratory systemdisseminated coccidioidomycosismeningitisValley Fever
References
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