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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1009271 (AHM 0055424)
Regular
Apr 27, 2009

MYRNA PEREZ vs. FIDELITY FEDERAL BANK, TIG SPECIALTY INSURANCE CO., REM, LTD, GOLDEN EAGLE

This case concerns a contribution dispute between two insurance carriers, TIG and Golden Eagle, for a cumulative trauma injury claim. Golden Eagle sought reconsideration of an order compelling it to pay over $\$101,000$ in contribution to TIG. Golden Eagle argued it was never properly served with a notice of intention and that Labor Code section 5275 mandates arbitration for contribution disputes. The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.

Workers' Compensation Appeals BoardOrder of ContributionPetition for ReconsiderationLabor Code section 5275mandatory arbitrationContributionCumulative Trauma InjuryCompromise and Release AgreementPetition for ContributionNotice of Intention
References
Case No. ADJ3925996 (FRE 0180480) ADJ360469 (FRE 0198851)
Regular
Oct 01, 2012

MICHAEL AKINS vs. THE SALVATION ARMY, Permissibly Self-Insured

In this workers' compensation case, the defendant, The Salvation Army, seeks to deny liability for applicant Michael Akins' recommended spinal surgery. While Akins sustained industrial injuries to his neck and back in 1998 and 2001, a subsequent non-industrial car accident in 2008 displaced hardware from his prior industrial surgery. The Board found that the industrial injury was a substantial contributing factor to the need for the current surgery, even though the non-industrial accident was the "most proximate cause." Therefore, the defendant remains liable for the recommended surgical intervention.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial InjurySpinal SurgeryPrimary Treating PhysicianNon-Industrial Motor Vehicle CollisionIntervening EventAgreed Medical ExaminerCausation
References
Case No. ADJ120949 (LBO 0345949)
Regular
Mar 28, 2011

RON CURTIS vs. C.J. SEGERSTROM & SONS, AMERICAN CLAIMS MANAGEMENT FOR EVEREST NATIONAL INSURANCE, AMERICAN SAFETY CASUALTY COMPANY

This case concerns American Safety Casualty Company's petition for reconsideration of an arbitrator's decision regarding contribution. The arbitrator found that Everest National Insurance Company timely instituted contribution proceedings based on a subsequent Compromise and Release Agreement that redefined the cumulative trauma injury dates. American argued that a prior, rescinded award determining earlier injury dates should control, but the Board affirmed the arbitrator's conclusion that the rescission rendered the prior finding void. The Board clarified that this decision only addresses the timeliness of contribution proceedings, not final liability, allowing for further litigation.

Workers' Compensation Appeals BoardCumulative Trauma ClaimContribution ProceedingsArbitrator's Findings and AwardCompromise and Release AgreementDate of Cumulative Trauma InjuryLabor Code Section 5500.5Rescinded Findings and AwardStatus Quo AntePetition for Reconsideration
References
Case No. ADJ2022332 (ANA 0334821) ADJ947209 (ANA 0334822)
Regular
Feb 27, 2014

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

The California Workers' Compensation Appeals Board affirmed the Arbitrator's decision denying CIGA's requests for contribution and reimbursement from Centre Insurance Company. CIGA stipulated to liability for the injury date in 2000, and the Board found that CIGA's subsequent claims of mistake were untimely and lacked good cause to reopen a final award. The Board emphasized the importance of finality in awards and that CIGA failed to timely raise equitable arguments. Therefore, CIGA's appeal for contribution and reimbursement was unsuccessful.

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury
References
Case No. BAK 0141141
Regular
Mar 07, 2008

Briant Certuche vs. TRANS-SYSTEMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded the previous decision, finding insufficient consideration of whether the applicant's Valley Fever infection was industrially caused or solely due to living in the San Joaquin Valley. The case is returned to the trial level for further development of the medical record, specifically to address the relative likelihood of environmental versus occupational exposure. This decision acknowledges that employment need only be a contributory cause for injury compensability.

Workers' Compensation Appeals Boardindustrial injuryValley Fevercoccidiomycosisproximate causeoccupational exposuregeographic endemicmedical-legal expertsubstantial evidencecontributing cause
References
Case No. ADJ9510323
Regular
Mar 02, 2018

JONATHON SCOTT MCCARTNEY vs. COUNTY OF SACRAMENTO CONTRACTS, YORK RISK SERVICES GROUP

This case involves Jonathon Scott McCartney's claim for workers' compensation benefits due to actinic keratosis. The Administrative Law Judge initially denied the claim, finding insufficient evidence of industrial causation, despite McCartney's significant sun exposure as a deputy sheriff. The Workers' Compensation Appeals Board granted reconsideration, finding that McCartney's cumulative sun exposure during employment was a contributing proximate cause of his condition. Relying on *South Coast Framing, Inc. v. Workers' Comp. Appeals Bd.*, the Board held that employment only needs to be a contributing factor, not the sole or primary cause, for an injury to be deemed industrial.

Actinic keratosisDeputy SheriffCumulative traumaIndustrial causationContributing proximate causeSouth Coast FramingPanel Qualified Medical EvaluatorMedical causationSun exposureWork-related injury
References
Case No. ADJ9550103, ADJ9214819, ADJ9206482, ADJ9206483, ADJ9356685
Regular
Sep 04, 2014

NATHAN JACKSON vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied reconsideration of an applicant's psychiatric injury claim against the City of Los Angeles. The applicant failed to demonstrate by a preponderance of the evidence that actual employment events were the predominant cause of his psychiatric injury. Even if predominant cause were established, the Board found that lawful, nondiscriminatory, good faith personnel actions by the employer substantially contributed to the injury and barred compensation. The Board's decision was based on the reasoning in the arbitrator's report, which it adopted and incorporated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPsychiatric InjuryPredominant CauseActual Events of EmploymentLabor Code Section 3208.3Affirmative DefenseLawful Nondiscriminatory Good Faith Personnel ActionSubstantial CauseTreating Physician Report
References
Case No. ADJ7083586
Regular
Feb 10, 2015

JOSE PACHECO (Deceased) MARIA ELENA PACHECO (Widow) vs. HAWKER PACIFIC AEROSPACE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the widow's petition for reconsideration of the denial of her claim for death benefits. The applicant failed to prove that her deceased husband's industrial exposure contributed to his death from internal system injuries. The majority adopted the WCJ's report, finding no error in the denial. One commissioner dissented, arguing the record should be further developed regarding the decedent's specific workplace exposures to harmful agents like nickel and chromium, as his employment need only be a contributing cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCumulative TraumaDeath BenefitMachinistNickelChromiumCyanideLiver Cancer
References
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