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

Case No. ADJ1312501, ADJ4641701
Regular
May 03, 2011

Walter Harrison vs. ROLLING HILLS COUNTRY CLUB, CNA INSURANCE COMPANY, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with a prior specific injury to his right knee and claims of cumulative trauma to the knee, low back, and coccidioidomycosis. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. The Board found no substantial medical evidence linking the applicant's coccidioidomycosis to cumulative trauma, requiring the matter to return to the trial level. Further proceedings are needed to determine the actual nature of the cumulative trauma injury, its date, and relevant liability.

CoccidioidomycosisCumulative traumaDate of injurySpecific injuryMedical evidenceAgreed Medical Examiner (AME)Permanent disabilityReconsiderationFindings and AwardLabor Code section 5500.5
References
Case No. ADJ1036120 (SDO 0330367)
Regular
Jul 08, 2013

JESSE SUMABAT vs. CALIFORNIA HIGHWAY PATROL

This case concerns whether the applicant's valley fever is an "insidious, progressive disease" for which jurisdiction over permanent disability can be reserved. The WCAB granted reconsideration, rescinded the initial award, and returned the matter to the trial level. This is because the medical evidence regarding the progressive nature of the applicant's condition was contradictory and required further development. The Board emphasized that the determination of a progressive disease must be supported by substantial medical evidence stating medical probability.

Valley FeverCoccidioidomycosisProgressive DiseaseInsidious DiseasePermanent DisabilityJurisdiction ReservationJackson DoctrineGeneral Foundry ServiceRuffin CaseMedical Probability
References
Case No. ADJ 9143898
Regular
Mar 16, 2016

RONALD SHIVERS vs. CAROL ELECTRIC CO., INC., SEABRIGHT INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding a prior Finding of Fact that the applicant sustained an industrial injury of coccidioidomycosis. This action was taken because the parties reached a settlement during the pendency of the reconsideration. The matter is now returned to the trial level for proceedings related to the settlement. The Board expressed no opinion on the merits of the defendant's original petition.

WCABPetition for ReconsiderationIndustrial InjuryCoccidioidomycosisValley FeverElectricianCumulative PeriodSettlementFinding of FactRescinded
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. ADJ809583 (SBR 0335376)
Regular
Oct 15, 2009

GABINO RODRIGUEZ vs. J & J FARM LABOR CONTRACTING, REDWOOD FIRE & CASUALTY INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants the Death Without Dependents Unit's petition for reconsideration, rescinding the WCJ's August 4, 2009 order of dismissal and returning the matter to the trial level for further proceedings.

CoccidioidomycosisFungal sporesLack of prosecutionPetition for reconsiderationBoard Rule 10582Defective serviceDeath Without Dependents UnitOrder of dismissalRescindedReturned to trial level
References
Case No. ADJ6652737
Regular
Nov 16, 2017

ANTRON LEE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, PLEASANT VALLEY STATE PRISON, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration, rescinded the previous decision, and returned the case to the trial level for further proceedings. The Board found the deposition transcript of the Agreed Medical Examiner, Dr. Markovitz, should have been admitted into evidence. Crucially, the record lacked substantial evidence to determine the date(s) of injury for the applicant's Valley Fever and alleged heart condition. Additionally, the Board noted Valley Fever likely qualifies for the Labor Code Section 3212.10 pneumonia presumption.

Valley FeverCoccidioidomycosisPresumptionLabor Code Section 3212.10Date of InjuryCumulative TraumaAgreed Medical Examiner (AME)ReconsiderationPetitionPermanent Partial Disability
References
Case No. ADJ940068
Regular
Jun 22, 2010

JUAN GUZMAN vs. PEAK HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding that applicant Juan Guzman did not sustain an industrial injury. Guzman claimed he contracted Valley Fever due to his agricultural employment in 2002. The Board adopted the Workers' Compensation Judge's report, which found defendant's medical expert's opinion more credible. This expert concluded that the incubation period of Valley Fever, and the applicant's symptom onset in 2006, made an industrial exposure in 2002 unlikely. The Board found applicant failed to prove a connection between his condition and his employment, and did not demonstrate a dormant infection originating from his work.

CoccidioidomycosisValley FeverPetition for ReconsiderationIndustrial InjuryMedical EvidenceIncubation PeriodDormant InfectionPro PerStipulations and IssuesFindings and Order
References
Case No. ADJ16819535
Regular
Feb 21, 2025

VINCENT OWENS vs. CITY OF RICHMOND, ACCLAMATION INSURANCE MANAGEMENT SERVICES

Applicant Vincent Owens, an equipment operator for the City of Richmond, sustained an industrial injury of valley fever. The Workers' Compensation Administrative Law Judge (WCJ) issued Findings and Award (F&A) on November 1, 2024, finding temporary disability and need for medical treatment. Defendant petitioned for reconsideration, arguing the WCJ failed to determine if applicant would have retired before October 24, 2023, and erroneously relied on a medical report obtained after discovery closure. The Appeals Board granted the petition, rescinded the F&A, and returned the matter to the trial level for further proceedings to allow defendant due process regarding the challenged medical report.

Workers' Compensation Appeals BoardVincent OwensCity of RichmondAcclamation Insurance Management ServicesADJ16819535Valley FeverCoccidioidomycosisTemporary DisabilityTemporary Total DisabilityPermanent and Stationary
References
Case No. ADJ7427901
Regular
Oct 29, 2013

PABLO GONZALES vs. KVS TRANSPORTATION, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding that Pablo Gonzales sustained a specific industrial injury of Valley Fever on December 29, 2009. The Board found that while medical evidence did not support a specific injury date, the record might support a cumulative injury, occupational disease, or latent injury arising from employment. The case is returned to the WCJ to determine if pleadings should be amended to conform to this proof and to issue a new decision. Issues regarding self-procured medical treatment and medical-legal expenses were improperly addressed and should be limited to issues identified at trial.

Workers Compensation Appeals BoardKVS TransportationSeabright Insurance CompanyPablo GonzalesADJ7427901Findings and AwardReconsiderationIndustrial InjuryDecember 29 2009Chest
References
Case No. ADJ9525033
Regular
May 10, 2019

KIMBERLY BARRY vs. DEPARTMENT OF FOOD AND AGRICULTURE, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the defendant, Department of Food and Agriculture, regarding the calculation of permanent disability ratings for applicant Kimberly Barry's cumulative trauma injury. The defendant contests the method used to combine the applicant's multiple body part impairments, arguing the Combined Values Chart (CVC) should have been used instead of simple addition. The Appeals Board granted reconsideration to further develop the medical record. The Board requires clarification from the Qualified Medical Evaluator on the most accurate method for combining the applicant's kidney and liver impairments.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDepartment of Food and AgricultureState Compensation Insurance FundKimberly BarryAgricultural TechnicianCumulative Trauma InjuryPermanent DisabilityApportionment
References
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