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

Case No. ADJ8845585
Regular
Oct 09, 2025

WESLEY RENTFROW vs. COUNTY OF MERCED, PEGASUS RISK MANAGEMENT

Defendant, County of Merced, filed a petition for removal from an order taking the matter off calendar, contending further discovery was unnecessary. The Workers' Compensation Appeals Board (WCAB) considered the petition, the applicant's answer, and the WCJ's report, ultimately denying removal. The WCAB stated that removal is an extraordinary remedy and found no showing of substantial prejudice or irreparable harm. Furthermore, the Board noted the issue appeared moot as the defendant had not taken steps to place the matter back on calendar in the three years since filing the petition.

Petition for RemovalOff Calendar OrderWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationMoot IssueDeclaration of Readiness to ProceedCOBRA PremiumsAdjudication Number
References
Case No. ADJ9533148
Regular
Apr 17, 2019

ANTHONY TAYLOR (deceased) vs. MERCED COUNTY SHERIFF’S DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding of bad faith against the defendant, Merced County Sheriff's Department. The Board determined that the defendant acted within its legal rights to dispute the medical specialty for a Qualified Medical Evaluator (QME) and sought a replacement panel. Because the defendant's actions were permissible under regulations, they were not considered bad faith, thus rescinding the attorney's fees award. The Board otherwise affirmed the original decision regarding the appropriateness of an internal medicine specialist.

Workers' Compensation Appeals BoardMerced County Sheriff’s DepartmentAnthony Taylordeath benefitspancreatic cancercorrectional sergeantsepticemiabiliary tract obstructionQME panelinternal medicine
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. ADJ10826283
Regular
Mar 12, 2019

PETER HLINKA vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board affirmed a finding of fact that an inmate was an employee of the County of Santa Barbara for workers' compensation purposes. The inmate voluntarily applied for and accepted a work assignment in the jail, which was not a condition of his incarceration. He received consideration in the form of better housing, food, and mobility, and the County's own resolution authorizing inmate work was permissive rather than compulsory. The Board also admonished the defendant for improperly citing an unpublished case.

Inmate EmploymentWorkers CompensationCounty JailVoluntary WorkConsiderationControlPenal Code 4017Rowland v. County of SonomaPruitt v. Workers' Comp. Appeals Bd.Labor Code 3351
References
Case No. VNO 423671
Regular
Jun 13, 2008

NORMA RIVAS vs. COUNTY OF LOS ANGELES

The County of Los Angeles initially filed a petition for reconsideration but then dismissed it after changing legal counsel. The Board will dismiss this petition. Subsequently, the County filed a petition to set aside the original award; the Board grants reconsideration of the award and remands the case to the trial level to determine if good cause exists to set aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGranting ReconsiderationDecision After ReconsiderationStipulated AwardPetition to Set Aside AwardGood CauseRescinded AwardTrial Level Proceedings
References
Case No. ADJ8059593
Regular
May 30, 2017

BRIAN VON DURING vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles' petition for reconsideration. The County argued the applicant, injured while participating in a work release program, was not an employee and was exempt from workers' compensation. The Board adopted the Judge's report, upholding the original Findings and Award granting benefits. The applicant's eligibility as an employee under the work release program was implicitly confirmed.

Work release programinmate exemptionwork release applicantself-insured employerWCJ report adoptionPetition for Reconsideration denialFindings and Awardworkers' compensation eligibilityemployee statusCounty Jail exemption
References
Case No. ADJ9203286
Regular
Mar 23, 2018

Hugo Bucio vs. County of Merced

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that denied temporary total disability indemnity. The applicant, a deputy sheriff, underwent self-procured surgery for an admitted industrial back injury after the employer denied authorization. The Board held that an injured worker is entitled to temporary disability indemnity regardless of whether the treatment was employer-authorized or self-procured. The decision clarified that the utilization review process governs medical treatment disputes, not temporary disability indemnity claims arising from self-procured treatment.

BucioCounty of MercedDeputy Sheriff/Coronerbilateral sacroiliac joint fusiontemporary total disability indemnityself-procured medical treatmentutilization review (UR)denial of authorizationphysician depositionpermanent and stationary status
References
Case No. ADJ6748204
Regular
Jan 17, 2012

Stewart Espinoza vs. Los Angeles County Jail, Tristar Irvine

The Workers' Compensation Appeals Board granted reconsideration and reversed a judge's finding of employment for inmate Stewart Espinoza. The Board found that Espinoza, an inmate injured while working in the County Jail kitchen, was not an employee for workers' compensation purposes. This was because a County ordinance allowed inmates to be compelled to perform labor, negating a voluntary employment relationship. Therefore, the applicant was not an employee entitled to workers' compensation benefits.

Workers' Compensation Appeals BoardLos Angeles County Jailinmate laboremployee statusvoluntary workcompulsory laborPenal Code Section 4017Government Code Section 25359SCIF v. Workmen's Comp. Appeals Bd. (Childs)Parsons v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3766392 (AHM 0088962)
Regular
Jul 02, 2013

SHIRLEY HARRELSON vs. COUNTY OF ORANGE, YORK RISK SERVICES GROUP, INC.

This case concerns Shirley Harrelson's claim of discrimination under Labor Code §132a after she voluntarily retired for service and was subsequently denied disability retirement. The Workers' Compensation Appeals Board denied reconsideration, adopting the administrative law judge's report. The Board found Harrelson was not entitled to job reinstatement under Government Code §31725.7(b) because she voluntarily retired for service prior to her disability retirement application. Furthermore, she failed to prove she suffered disadvantages due to her injury or claim.

Workers' Compensation Appeals BoardCounty of OrangeYork Risk Services GroupShirley HarrelsonGovernment Code §31725.7Phillips v. County of FresnoDepartment of Rehabilitation/State of California v. Workers' Comp. Appeals Bd.Labor Code §132aservice retirementdisability retirement
References
Case No. ADJ6657560
Regular
Jul 08, 2013

MADELINE PORTER vs. TARZANA TREATMENT CENTERS

This case involves a psychiatric technician claiming industrial injury due to workplace harassment. The Workers' Compensation Appeals Board granted reconsideration, reversing the finding of industrial psychiatric injury. The Board determined that the applicant's psychiatric injury was substantially caused by lawful, good faith personnel actions, which are barred under Labor Code section 3208.3(h). However, the Board affirmed the finding of orthopedic permanent disability, reducing it to 6%.

Good faith personnel actionLabor Code section 3208.3(h)psychiatric injury causationsubstantial causereprimandsverbal criticismCounty of Sacramento v. BrooksLarch v. Contra Costa CountyCan v. Alameda CountyCounty of Butte v. Purcell
References
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