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

Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. ADJ847031
Regular
Dec 10, 2010

CARLOS REYES vs. EL POLLO LOCO, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in the case of Carlos Reyes v. El Pollo Loco and Pacific Compensation Insurance Company. The Board adopted the WCJ's report as the basis for the denial. Additionally, the Board corrected a clerical error in the caption of the September 20, 2010 Findings and Order to accurately reflect the defendant's name as "Pacific Compensation Insurance Company." Therefore, the reconsideration is denied, and the caption is corrected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderClerical ErrorEAMSCaption CorrectionDefendant Name CorrectionIN-HOUSE LITIGATION DEPARTMENTUNIVERSAL ASSIGNED NAME
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 11, 2013

ROBERT HUFF vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's decision regarding applicant Robert Huff's workers' compensation claim against the California Department of Corrections. The Board amended the findings to deny temporary total disability benefits for the period December 9, 2009, to March 7, 2011, as the applicant had exhausted his 104-week limit. The Board also deferred the issues of permanent disability and attorney's fees, remanding the matter for a new rating based on the orthopedic Agreed Medical Evaluator's March 5, 2012 report, while affirming the rejection of the psychiatric AME's apportionment. Finally, the Board corrected a clerical error regarding the weekly rate for permanent disability benefits.

WORKERS' COMPENSATION APPEALS BOARDROBERT HUFFCALIFORNIA DEPARTMENT OF CORRECTIONSPermissibly UninsuredSTATE COMPENSATION INSURANCE FUNDOpinion and Decision After ReconsiderationFindings of Fact Award and OpinionWCJAgreed Medical EvaluatorsAME
References
Case No. ADJ6921831, ADJ9093989
Regular
May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This order denies Kischa Loving's petition for reconsideration in two workers' compensation cases against the California Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board adopted the reasoning of the administrative law judge's report. No new evidence or arguments were presented to warrant overturning the original decision. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCalifornia Department of Corrections and RehabilitationVentura Youth Correctional FacilityState Compensation Insurance Fundadministrative law judgedenial of reconsiderationADJ6921831ADJ9093989
References
Case No. ADJ9217154
Regular
May 25, 2016

Dave Tamplen vs. State of California Department of Corrections

This case involves a State Corrections Officer who claimed psychological and cardiac injury due to cumulative work stress. The defendant employer argued for dismissal due to the applicant's failure to appear at trial, claiming a due process violation and lack of necessary foundational evidence for medical reports. However, the Appeals Board affirmed the original findings, holding that the employer's failure to comply with discovery rules and subpoena the applicant precluded their due process argument. The Board also found substantial medical evidence, including Agreed Medical Evaluator reports and the applicant's deposition, supported the injury findings, the cumulative injury period, and rejected the employer's defense that the injury was substantially caused by a good faith personnel action.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCorrections OfficerCorrections CounselorPsycheHeart InjuryCirculatory SystemCumulative InjuryStatute of Limitations
References
Case No. ADJ2967056 (LBO 0395577)
Regular
Nov 18, 2011

, Applicant, JAMES WHITCOMB (DECEASED), vs. , STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,

This case concerns the dependents of a deceased correctional officer who sustained an industrial lung injury leading to his death. The applicant dependents seek reconsideration of an award, arguing penalties for delayed benefit payments were erroneously denied and that benefits should be calculated at the current maximum rate. The defendant employer argues death benefits should not be awarded under workers' compensation due to a potential CalPERS special death benefit, thus impacting attorney fees. The Board granted reconsideration, rescinded the original award, and remanded the case to the trial level for further proceedings on benefit rates, penalties, and attorney fees.

Workers' Compensation Appeals BoardJames WhitcombState of CaliforniaDepartment of CorrectionsState Compensation Insurance FundADJ2967056Opinion and OrderReconsiderationFindings and AwardIndustrial Injury
References
Case No. ADJ3104033 (OAK 0342486)
Regular
Dec 12, 2020

JAMES BARNES vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE OF CALIFORNIA

This case involves a correctional officer with stipulated industrial injuries to his heart, cardiovascular system, kidneys, sleep disorder, and psyche. The defendant sought reconsideration of an award of total permanent disability, arguing the presumption under Labor Code 3212.2 did not apply to the kidney condition and that apportionment was possible. The Appeals Board granted reconsideration, rescinded specific findings related to the kidney condition and presumption, but affirmed the total permanent disability award based on the combined effects of the presumed industrial heart trouble and admitted industrial kidney disease. The matter was returned to the trial level for further development of the record regarding the kidney issues and apportionment.

Workers' Compensation Appeals BoardDepartment of Corrections and Rehabilitationcorrectional officerindustrial injuryheart injurycardiovascular systemkidneyssleep disorderpsychetotal permanent disability
References
Case No. ADJ8722028
Regular
Apr 04, 2014

TONYA OREPEZA ZAMORA vs. SANTA CLARA COUNTY DEPARTMENT OF CORRECTIONS

This case involves a correctional officer diagnosed with uterine cancer who claimed a workers' compensation industrial injury. The defendant contested her eligibility, arguing she was not a "peace officer" under Penal Code section 830.1 at the time of diagnosis. The Board denied reconsideration, finding that despite a title delay, the applicant was performing the duties and was eligible to be a deputy sheriff. Her job duties did not change, making her status as a peace officer, for the purposes of her claim, evident.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSheriff's Correctional DeputyIndustrial InjuryUterus CancerPermanent Partial DisabilityLabor Code section 3212.1Penal Code section 830.1Peace Officer
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
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