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

Case No. ADJ7089701
Regular
May 24, 2012

GREGORY DOLLAR vs. KERN COUNTY PROBATION DEPARTMENT, COUNTY OF KERN

This Workers' Compensation Appeals Board decision awards supplemental attorney's fees of $2,800.00 to applicant's counsel, Adams, Ferrone & Ferrone. The award follows a Court of Appeal order denying the defendant's petition for writ of review and remanding for supplemental fees under Labor Code § 5801. The Court of Appeal found no reasonable basis for the defendant's petition. The parties stipulated to the reasonableness of the fee amount.

Supplemental Attorney's FeeLabor Code § 5801Petition for Writ of ReviewRemandStipulationWCABAdams Ferrone & FerroneCounty of Kern Probation DepartmentFifth Appellate DistrictReasonable Attorney's Fees
References
Case No. ADJ2509226 [BAK 0133434] ADJ832665 [BAK 0133435] ADJ4381167 [BAK 0133436]
Regular
Sep 17, 2008

BEATRICE STEVENS vs. COUNTY OF KERN SHERIFF'S DEPARTMENT, KERN COUNTY RISK MANAGEMENT

The petition for reconsideration is denied based on review of the record and the WCJ's report. The WCJ's credibility finding is given great weight.

Workers Compensation Appeals BoardCounty of Kern Sheriff's DepartmentKern County Risk ManagementBeatrice StevensPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationJoint Findings Orders and AwardInjury to psycheHostile work environment
References
Case No. ADJ621872 (BAK0145447) ADJ4407215 (BAK 0151114)
Regular
Nov 13, 2012

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to award further medical treatment for Frank Torres' cumulative trauma injury to his left knee. The Board found that the Agreed Medical Examiner's opinion provided sufficient evidence for this award, despite the judge's initial denial. This decision overturns the prior finding that no further treatment was necessary for the left knee. The award of further medical treatment clarifies and prevents potential future delays in care for the industrial injury.

Workers' Compensation Appeals BoardFrank TorresCounty of KernProbation DepartmentADJ621872ADJ4407215ReconsiderationFindings and AwardCumulative TraumaLeft Knee Injury
References
Case No. ADJ7415342
Regular
Jul 01, 2013

Maggie Davis vs. Kern Medical Center, County of Kern

The Workers' Compensation Appeals Board denied the County of Kern's Petition for Reconsideration regarding an award of attorney's fees. The Board affirmed the WCJ's decision to award applicant's attorney $770.00 based on 2.2 hours at $350.00 per hour for deposition representation. The Board found the defendant's arguments regarding the hourly rate, comparing it to physician and defense attorney rates, to be irrelevant and frivolous. The Board adopted the WCJ's reasoning that applicant attorneys' fees are distinct from defense counsel's billing practices and established $350.00 per hour as reasonable for a Certified Workers' Compensation Specialist in the Bakersfield office.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code §5710Deposition Attorney's FeesHourly RateCertified SpecialistBakersfieldKern Medical CenterCounty of KernApplicant Attorney
References
Case No. ADJ10737420, ADJ11230735
Regular
May 28, 2019

METHVEN BROWN (Deceased), JANINE BROWN (Widow) vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, SACRAMENTO COUNTY PROBATION DEPARTMENT

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury to the decedent's heart or cerebrovascular system. The widow argued the administrative law judge erred by disallowing further discovery from a cardiologist. However, the Board adopted the judge's report, which noted a neurologist already testified that heart trouble and industrial stress were not medically probable causes of the decedent's stroke and death. The applicants failed to demonstrate why a cardiologist would be more competent to offer such opinions.

Methven BrownJanine BrownCounty of SacramentoSacramento County Probation DepartmentADJ10737420ADJ11230735Petition for ReconsiderationJoint Findings and Orderindustrial injuryheart injury
References
Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
Case No. ADJ7760117
Regular
Jul 10, 2020

SAMUEL SMITH vs. KERN COUNTY SHERIFF'S DEPARTMENT, COUNTY OF KERN

This case involves Samuel Smith, a deputy sheriff, seeking workers' compensation for claimed industrial injuries to his heart. The Workers' Compensation Appeals Board rescinded the prior decision, finding the medical record regarding the applicant's heart condition insufficiently developed. The Board remanded the case for further proceedings to determine when the applicant's hypertensive heart disease developed and whether it falls under the statutory presumption of industrial injury for sheriffs. Crucially, the Board requires additional medical evidence to establish causation by a reasonable medical probability.

Workers' Compensation Appeals BoardSamuel SmithKern County Sheriff's DepartmentDeputy SheriffReconsiderationFindings Orders and AwardLumbar SpineUpper ExtremitiesGERDCardiovascular System
References
Case No. ADJ1441533 (VNO0549858)
Regular
Jun 15, 2010

DOMINGO RECIO vs. KERN MEDICAL CENTER, COUNTY OF KERN

The Workers' Compensation Appeals Board denied reconsideration of a prior decision regarding Domingo Recio's claim against Kern Medical Center. Although the Board acknowledged that the issue of laches was raised, it adopted the Workers' Compensation Judge's report, finding that the petitioner failed to meet their burden of proof on this issue. Therefore, the petition for reconsideration was denied.

DOMINGO RECIOKERN MEDICAL CENTERCOUNTY OF KERNADJ1441533VNO0549858ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJlaches
References
Case No. ADJ 7906635, ADJ 7906741
Regular
May 02, 2016

LINDA ARMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration. The County sought to overturn an award regarding the reasonable cost of two medical-legal reports from Dr. Ali Mostafavi. The Board adopted the findings of the administrative law judge, who found the attested hours and resulting fee schedule calculations for the reports to be reasonable. The County failed to demonstrate that the time spent by Dr. Mostafavi on the reports was unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationCounty of KernLinda ArmsADJ 7906635ADJ 7906741Workers' Compensation Administrative Law JudgeFindings Orders and AwardQualified Medical ExaminerQME
References
Case No. ADJ9506185
Regular
Jul 13, 2016

JIM NEWELL vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration of an award to Jim Newell. The award was based on industrial cumulative trauma to the lumbar spine and hypertensive cardiovascular disease, including left ventricular hypertrophy (LVH). The County argued there was insufficient evidence of LVH and sought further medical development, specifically a cardiac MRI. The Board found that the existing medical evidence, including echocardiograms and expert testimony, constituted substantial evidence to support the LVH diagnosis, making further testing unnecessary.

Workers' Compensation Appeals BoardCounty of KernJim NewellSheriff's Sergeantcumulative traumalumbar spinecirculatory systemhypertensionhypertensive cardiovascular diseaseleft ventricular hypertrophy
References
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