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

Case No. ADJ8672614
Regular
Aug 07, 2015

ROBERT OSBORN vs. COUNTY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATORS

This case involves Robert Osborn, a correctional sergeant, who filed a workers' compensation claim for Hepatitis C contracted in 2006. The County of Fresno is challenging the finding that the presumption of injury under LC 3212.8 applies to a correctional sergeant, arguing the applicant did not prove specific exposure or that the injury was work-related. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's report which found the presumption applicable to the applicant's role. The WCJ determined that correctional sergeants are engaged in "active law enforcement" and that LC 3212.8 does not require proof of specific exposure, only that the disease manifested during service.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCorrectional SergeantHepatitis CPresumption of InjuryLC 3212.8Active Law EnforcementCustodial EmergenciesCumulative Trauma
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 The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this.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. 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. 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. SAC 360490
Regular
Jul 07, 2008

VICKI WASIELEWSKI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMP. INS. FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether the 2007 amendment to Labor Code section 4663, regarding apportionment, applies retroactively to injuries predating the amendment. The Board rescinded the previous award and returned the case to the trial level pending a definitive appellate decision on this issue. This action was taken because the issue mirrors that before the Court of Appeal in *Department of Corrections v. Workers' Compensation Appeals Board (Alexander)*.

ApportionmentLabor Code 4663Cumulative TraumaHypertensive Cardiovascular DiseaseCorrectional SergeantAgreed Medical ExaminerRetroactivityAlexander caseReconsiderationRescinded
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. ADJ8321113
Regular
Sep 20, 2013

DANIEL YOUNG vs. COUNTY OF BUTTE, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and found that applicant Daniel Young did not sustain a compensable industrial injury. The WCAB determined that Young's injury, sustained during off-duty jumping jacks at home, was a result of voluntary participation in an athletic activity not reasonably expected or required by his employment as a correctional sergeant. This decision relied on Labor Code section 3600(a)(9) and precedent established in *City of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)*, which held that a general expectation of maintaining physical fitness is insufficient for compensability. Therefore, Young's claim was denied as non-compensable.

Labor Code section 3600(a)(9)Ezzy testoff-duty recreational activityvoluntary participationreasonable expectancy of employmentcorrectional sergeantstrenuous physical contactsfitness testJenneiahnWilson
References
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