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

Case No. ADJ3578571
Regular

RONALD FUDALA vs. CONTRA COSTA ELECTRIC, INC., CNA INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed Ronald Fudala's Petition for Removal against Contra Costa Electric, Inc. and CNA Insurance Corporation. The dismissal was based on the mediator's report, which indicated the disputed issue of entitlement to ankle surgery had been resolved. Consequently, the matter before the Board became moot.

Petition for RemovalAnkle SurgeryMoot IssueWorkers' Compensation Appeals BoardDismissalContra Costa ElectricCNA Insurance CorporationADJ3578571OAK 0266336Mediator Report
References
Case No. OAK 0321116
Regular
Jun 25, 2008

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board rescinded the prior award because the defendant failed to prove overlap between the applicant's 2004 and 1992 back injuries. Apportionment under Labor Code section 4664 was improper as the permanent disability from each injury was rated under different standards (1950 schedule vs. AMA Guides). The case was returned to the trial level to determine if both injuries could be rated under the same standard for proper apportionment.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredOAK 0321116Opinion and Decision After Reconsiderationindustrial injuryfirefighterback injury
References
Case No. ADJ277378 (OAK 0321116)
Regular
Jan 04, 2010

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that the applicant sustained industrial injury to his back on November 22, 2004, resulting in 31% permanent disability without apportionment. The employer sought to subtract a prior 1992 award of 27.5% permanent disability under Labor Code section 4664. However, the Board found that the defendant failed to prove "overlap" because the two injuries were rated using different standards (PDRS for the prior injury and AMA Guides/ROM method for the current injury). Since the permanent disability from both injuries could not be calculated under the same standard, apportionment was not permitted.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredfirefighterindustrial injuryback injurypermanent disabilityapportionment
References
Case No. ADJ8307297
Regular
Sep 13, 2013

DAVID BROWN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) granted the applicant David Brown's petition for reconsideration of a prior decision concerning his case against Contra Costa County. The WCAB found that reconsideration was necessary to thoroughly review the factual and legal issues involved. The Board will conduct further proceedings and issue a Decision After Reconsideration. All future communications regarding this case must be filed in writing directly with the WCAB Commissioners, not with any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management Systemstatutory time constraintsfactual and legal issuesjust and reasoned decisionOffice of the CommissionersOakland District OfficeContra Costa County
References
Case No. ADJ1582101
Regular
Jun 16, 2011

MARITHA DE WERK vs. COUNTY OF CONTRA COSTA

The County of Contra Costa petitioned for reconsideration of an award of total permanent disability for Maritha De Werk, arguing for apportionment to non-industrial factors and between separate injuries. The parties subsequently notified the Board of a tentative settlement agreement. To allow for settlement approval and potential further proceedings, the Appeals Board granted reconsideration. The matter is being held in abeyance pending settlement finalization.

Workers' Compensation Appeals BoardMaritha De WerkCounty of Contra CostaPermissibly Self-InsuredADJ1582101WCJ 0059766Opinion and Order Granting ReconsiderationNew and further disabilitySpecific injuryCumulative trauma injury
References
Case No. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
Case No. ADJ8441431
Regular
Feb 14, 2020

MITCHELL LEMAY vs. CONTRA COSTA COUNTY; Permissibly SelfInsured; MARIN COMMUNITY COLLEGE DISTRICT; Permissibly Self-Insured; administered by KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board affirmed a previous decision regarding applicant Mitchell Lemay's claims for prostate cancer and heart trouble/hypertension, finding both employers jointly and severally liable. Reconsideration was granted primarily to address issues surrounding a hernia injury. The Board deferred the hernia injury claim, along with related medical treatment and permanent disability, due to insufficient evidence to determine if it was a separate injury or a consequence of medical treatment. The prior findings regarding the prostate cancer and heart trouble/hypertension, including no apportionment of permanent disability for these conditions, were upheld.

Workers' Compensation Appeals BoardContra Costa CountyMarin Community College DistrictDeputy SheriffChief of PoliceProstate CancerHeart TroubleHypertensionHerniaLabor Code section 3212.1
References
Case No. ADJ1654619
Regular
Jun 29, 2011

PATRICIA MEEHAN vs. KAISER FOUNDATION, COMPREHENSIVE COMM. HOME HEALTH, UCSF, FRANKLIN BENEVOLENT CENTER; INTERCARE ROSEVILLE, KAISER OAKLAND, COUNTY OF CONTRA COSTA, SEDGWICK UC 14533 OAKLAND

This case, ADJ1654619, concerns Patricia Meehan's workers' compensation claim against Kaiser Foundation and other entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the report of the workers' compensation administrative law judge as the basis for this denial. Therefore, the petitions for reconsideration are denied.

Patricia MeehanKaiser FoundationWorkers' Compensation Appeals BoardReconsideration DeniedAdministrative Law Judge ReportADJ1654619WCK 0059968Comprehensive Comm. Home HealthUCSFFranklin Benevolent Center
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ3715076
Regular
Jan 06, 2011

JAMES IBBESON vs. CONTRA COSTA WATER DISTRICT, YORK INSURANCE SERVICES, LIBERTY MUTUAL INSURANCE COMPANY, STATE CONMPENSATION INSURANCE FUND, SIBTF

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's case. The denial is based on the WCJ's report, which the WCAB adopted and incorporated. Therefore, the original decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationContra Costa Water DistrictYork Insurance ServicesLiberty Mutual Insurance CompanyState Compensation Insurance FundSIBTF
References
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