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

Case No. ADJ3858587 (ANA 0382822)
Regular
Jul 30, 2009

PEDRO GUERRERO vs. ST. LOUIS CARDINAL BASEBALL CLUB/ ANHEUSER BUSCH COMPANIES, INC; ACE/USA INSURANCE, administered by SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal. This action rescinded the Administrative Law Judge's (ALJ) order to issue a new decision solely on the period of continuous trauma. The WCAB found the ALJ's prior finding establishing the injury period from 1973 to 1992 was final, as the applicant failed to seek reconsideration within the statutory timeframe. Therefore, further proceedings on this issue are unnecessary, and the case is returned to the trial level for other required proceedings.

RemovalRes JudicataContinuous TraumaFindings of FactPetition for ReconsiderationLabor Code Section 5900Statutory TimeframeIndustrial InjuryPermanent DisabilityCumulative Trauma
References
Case No. ADJ11706407
Regular
Apr 15, 2025

Matthew Hatchette vs. Oakland Raiders, TIG/Fairmont Premier Insurance Company, Jacksonville Jaguars, ACE American Insurance Company, New York Jets, USF&G, Chubb, Pacific Employers Insurance

This case concerns Matthew Hatchette, a former professional football player, and his claims of continuous trauma injuries against multiple NFL teams and their insurers. Defendant Jacksonville Jaguars filed a Petition for Reconsideration challenging the Workers' Compensation Administrative Law Judge's (WCJ) findings regarding jurisdiction and the applicability of res judicata. The Workers' Compensation Appeals Board (WCAB) granted the petition to conduct a thorough review of the factual and legal issues, thereby deferring a final decision on the merits. The Board's decision also addressed the timeliness of the petition under the recently amended Labor Code section 5909.

Workers' Compensation Appeals BoardMatthew HatchetteOakland RaidersJacksonville JaguarsNew York JetsTIG/Fairmont Premier Insurance CompanyChubbUSF&GGallagher Bassett ServicesZenith Insurance Company
References
Case No. POM 0246071, POM 0246072, POM 0259445, POM 0259446
Regular
Mar 10, 2008

ROBERT SIMS vs. WEISS SHEET METAL COMPANY, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, ARGONAUT INS. CO.

This case involves the State Compensation Insurance Fund (SCIF) seeking reconsideration of an arbitrator's decision that established a continuous trauma injury period for Robert Sims. The arbitrator determined SCIF was the liable carrier based on their policy covering the applicant's last day of employment, December 20, 2000. The Appeals Board affirmed the arbitrator's decision, finding SCIF received due process and that determining insurance coverage necessarily requires establishing the date of injury.

Workers' Compensation Appeals BoardContinuous Trauma InjuryDate of InjuryLabor Code Section 5500.5Labor Code Section 5412Insurance CoverageDue ProcessArbitrator's DecisionReconsiderationState Compensation Insurance Fund
References
Case No. ADJ8414983, ADJ9215505
Regular
Jul 21, 2014

Elsa Lancaster vs. Heartland Employment Services

The Workers' Compensation Appeals Board denied Elsa Lancaster's Petition for Reconsideration. The Board affirmed the Workers' Compensation Judge's (WCJ) finding that Ms. Lancaster did not sustain a continuous trauma injury. This decision was based on the WCJ's determination that Ms. Lancaster was an unreliable historian regarding her knee pain and prior injuries. The WCJ found the medical opinion of Dr. Ronald Levey more persuasive than Dr. Darren Bergey's report, concluding the applicant failed to meet her burden of proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationContinuous Trauma InjurySubstantial EvidencePhysician's OpinionCredibility FindingNursing AssistantRight Knee InjuryDegenerative ConditionCumulative Trauma
References
Case No. ADJ3199594; ADJ522422; ADJ3307814
Regular
Oct 01, 2010

FRANCISCO GOMEZ vs. CONTROL AIR CONDITIONING, STATE COMPENSATION INSURANCE FUND, VIRGINIA SURETY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an award for Applicant Francisco Gomez. The Board adopted the Administrative Law Judge's report, which recommended denial. The applicant sustained a continuous trauma injury to his back, hypertension, and diabetes stemming from his employment. While the exact dates and extent of specific injuries remained pending further discovery, the judge found sufficient evidence for a compensable continuous trauma award.

WCABReconsideration DeniedAgreed Medical ExaminerContinuous TraumaIndustrial InjuryCausationCompensable ConsequenceHypertensionDiabetesLaminectomy
References
Case No. ADJ7934571
Regular
Dec 03, 2014

NANCY GREYSON vs. TUCALOTA SPRINGS RV PARK, CARL WARREN & COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the Administrative Law Judge's report, finding the applicant sustained a continuous trauma injury AOE/COE. The defendant's arguments regarding continuous trauma versus specific injury and the AME's findings were rejected. Additionally, the Board ordered defense counsel to comply with WCAB Rule 10550 regarding proper identification of parties, as the defendant's identity was unclear throughout the proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCAB Rule 10550Defense CounselSubstitution of CounselMinutes of HearingApplicant IdentityDefendant IdentityAdministrative Law JudgeInjury AOE/COE
References
Case No. ADJ1358769
Regular
Jan 08, 2013

JOSEPH ODDO vs. MARTIN & LEWIS DRYWALL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration of the WCJ's findings. The WCJ found that the applicant's injury was a specific injury on April 28, 2000, and not a continuous trauma, and that CIGA failed to meet its burden of proof on this issue. The WCAB gave great weight to the WCJ's credibility findings regarding the applicant's testimony and the lack of substantial evidence supporting a continuous trauma injury during specific coverage periods. Therefore, CIGA's petition for reconsideration was denied.

Workers' Compensation Appeals BoardMartin & Lewis DrywallCalifornia Insurance Guarantee AssociationIntercare Insurance ServicesHIH Insurance CompanyExplorer Insurance CompanyInsurance Company of the WestPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeContinuous Trauma
References
Case No. ADJ7632777
Regular
Apr 10, 2012

EFREN MARTINEZ vs. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case involves a petition for reconsideration by the defendant insurer regarding a Workers' Compensation Appeals Board decision. The defendant argued their name was mistyped, the date of injury was incorrect, and the amendment to include a continuous trauma claim was improper. The Board granted reconsideration to correct the insurer's name and amend the date of injury to November 12, 2010, acknowledging these as typographical errors. The Board affirmed the finding of industrial injury and upheld the amendment to reflect a continuous trauma claim, finding the defendant had sufficient notice.

Workers' Compensation Appeals BoardExpress Employment ProfessionalsInsurance Company of the State of PennsylvaniaSedgwick CMSReconsiderationFindings and AwardAdministrative Law JudgeEfren MartinezIndustrial InjuryToolmaker Helper
References
Case No. ADJ1936857
Regular
Jul 08, 2010

Robert Terrazas vs. COMPUSA, Westmont College, Zurich Los Angeles, COMPWEST Newport Beach

The Workers' Compensation Appeals Board (WCAB) amended a prior award concerning Robert Terrazas's cumulative trauma knee injury. The WCAB corrected the cumulative trauma injury date to February 25, 2008, establishing liability for employers during the final year of exposure, specifically Westmont College and COMPUSA. Apportionment of disability was confirmed, but the division of liability and reimbursement between the two employers was deferred pending mandatory arbitration. The WCAB also admonished Westmont's counsel for violating procedural rules in their petition for reconsideration.

Cumulative traumaSpecific injuryApportionmentDate of injuryContinuous traumaLeft kneePermanent disabilityIndustrial exposureEmployer liabilityContribution
References
Case No. ADJ8550821, ADJ9443562
Regular
Feb 06, 2017

ESMERALDA REYNOSO vs. COUNTY OF VENTURA

This case concerns a worker's compensation claim for psychiatric injury due to continuous trauma from 1998-2012. The defendant sought to overturn the finding that the injury arose out of employment, arguing the medical expert's reports lacked substantial evidence due to alleged inconsistencies and incomplete history. The Appeals Board affirmed the original award, finding the expert's opinions on industrial causation were sufficiently consistent and based on an adequate medical history. The Board found the defendant's arguments failed to undermine the expert's conclusions regarding predominant industrial causation.

Workers' Compensation Appeals BoardJoint Findings and AwardReconsiderationPanel Qualified Medical Examiner (PQME)Substantial Medical EvidenceContinuous Trauma InjuryPsychiatric InjuryCausationIndustrial FactorsPersonnel Actions
References
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