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

Case No. ADJ6953054
Regular
Mar 22, 2013

ERIKA CERVANTES vs. FACILITIES MANAGEMENT COUNTY OF RIVERSIDE, COUNTY OF RIVERSIDE, WORKERS' COMPENSATION DIVISION

This case involves a Petition for Reconsideration filed by Basso Pharmacy concerning the dismissal of its lien. The Administrative Law Judge found that Basso Pharmacy failed to appear at a scheduled lien trial and did not object to a subsequent Notice of Intent to Dismiss. The Workers' Compensation Appeals Board adopted the ALJ's report, finding no basis to overturn the dismissal. Therefore, the Board denied Basso Pharmacy's Petition for Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLien ClaimantBasso PharmacyNotice of Intent to DismissLien TrialProof of ServiceFailure to AppearWCAB file
References
Case No. ADJ7469704
Regular
Feb 21, 2012

SANDIE TAYLOR vs. COUNTY OF RIVERSIDE

Here's a summary of the case for a lawyer in a maximum of four sentences: The applicant, Sandie Taylor, injured herself while participating in mandatory training for the County of Riverside's Mounted Posse. The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's finding that she was not an employee. The Board determined that Taylor was performing services for the County, subject to their control and benefiting them, and thus considered her an employee under Labor Code section 3366 at the time of her injury. The case is returned for further proceedings on other issues.

WORKERS' COMPENSATION APPEALS BOARDSANDIE TAYLORCOUNTY OF RIVERSIDEADJ7469704OPINION AND ORDER GRANTING RECONSIDERATIONFINDINGS OF FACTADMINISTRATIVE LAW JUDGELABOR CODE SECTION 3366SHERIFF VOLUNTEERMOUNTED POSSE
References
Case No. ADJ9708192
Regular
Jul 05, 2018

BRIAN DANSKIN vs. COUNTY OF RIVERSIDE, PEMISSIDLY SELF-INSURED, CITY OF CYPRESS, PEMISSIDLY SELF-INSURED

This case involves Brian Danskin, who claimed industrial cumulative trauma in the form of skin cancer/melanoma sustained during his employment as a police officer and District Attorney's investigator. The defendant, County of Riverside, sought reconsideration of the WCJ's finding that Danskin was entitled to the Labor Code section 3212.1 cancer presumption for his investigator role. The defendant argued the investigator position didn't qualify for the presumption and that the injury predated his employment with the county. The Appeals Board denied reconsideration, adopting the WCJ's report, finding that Danskin's extensive law enforcement duties as an investigator were central to his role and qualified him for the cancer presumption under section 3212.1.

Workers' Compensation Appeals BoardBrian DanskinCounty of RiversideCity of CypressPetition for ReconsiderationFindings of FactWCJindustrial cumulative traumaskin cancermelanoma
References
Case No. ADJ7244169
Regular
Sep 07, 2012

PATRICIA HEDDEN vs. COUNTY OF RIVERSIDE

This case involved applicant Patricia Hedden's claim against the County of Riverside. Hedden filed a Petition for Reconsideration of a decision from the Workers' Compensation Appeals Board. The Board reviewed the petition and the judge's report, ultimately adopting the judge's reasoning. Consequently, the Board issued an order denying Hedden's Petition for Reconsideration.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationDENYING RECONSIDERATIONPetition for ReconsiderationAdministrative Law JudgeCOUNTY OF RIVERSIDEPermissibly Self-InsuredADJ7244169San Bernardino District Officeapplicant
References
Case No. ADJ158605 (RIV 0028842)
Regular
Nov 14, 2008

CHARLES WEBSTER vs. COUNTY OF RIVERSIDE RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Charles Webster's petition for reconsideration in his case against County of Riverside Risk Management. The Board adopted the findings and reasoning of the workers' compensation administrative law judge in their decision. This order formally denies Webster's request to have the case reconsidered.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationWCJ ReportPetition for ReconsiderationTapia v. Skill Masters StaffingAppeals Board en bancADJ158605RIV 0028842County of Riverside Risk ManagementCharles Webster
References
Case No. ADJ12249871
Regular
Feb 03, 2023

ISABEL AKERLUNDH (Deceased) vs. COUNTY OF RIVERSIDE, PERMISSIBLY SELF INSURED

This case involves a Petition for Reconsideration by the applicant's dependents following the denial of their workers' compensation claim. The applicant, Isabel Akerlundh, a Behavioral Health Specialist, died in a car accident while commuting to work. The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's finding that the injury was barred by the "going and coming rule." The Board found no evidence that the applicant was performing services for her employer or that an exception to the rule applied to her commute, as county vehicles were available and use of a personal vehicle was not required.

GOING AND COMING RULECOURSE OF EMPLOYMENTARISING OUT OF EMPLOYMENTPETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDADMINISTRATIVE LAW JUDGEREPORT AND OPINION ON DECISIONBEHAVIORAL HEALTH SPECIALISTCOUNTY OF RIVERSIDEPERSONAL VEHICLE USE
References
Case No. ADJ4019843
Regular
Oct 24, 2009

HENRYCE WOODARD vs. HIGHLANDER CHILDREN'S SERVICES, ACE AMERICAN

This case involves a dispute over the proper venue for a workers' compensation claim. The applicant initially filed in Los Angeles, where her attorney is located, but the defendant objected, arguing venue should be in Riverside where the injury occurred and the applicant resided. The Appeals Board granted the applicant's removal petition, rescinded the prior order changing venue to San Diego, and instead ordered venue transferred to Riverside.

RemovalVenueWorkers' Compensation Appeals BoardLabor Code § 5501.5Labor Code § 5501.6WCAB Rule 10410Industrial InjuryApplication for Adjudication of ClaimChange of VenueRiverside County
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. ADJ8984436
Regular
Aug 30, 2019

GUADALUPE RODRIGUEZ vs. COUNTY OF RIVERSIDE

This case involves applicant Guadalupe Rodriguez's claim for a psychiatric and internal system injury against County of Riverside. The administrative law judge (WCJ) denied the claim, finding it was substantially caused by lawful, good faith personnel actions under Labor Code Section 3208.3(h). The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case for further proceedings. This was because the WCJ and the medical evaluator's analyses regarding personnel actions and causation were deficient, requiring further development of the record.

Labor Code Section 3208.3(h)psychiatric injuryinternal system injurygood faith personnel actionsCounty of San Bernardino v. WCAB (McCoy)substantial causepredominant causeagreed medical evaluator (AME)qualified medical evaluator (PQME)Rolda analysis
References
Case No. ADJ6687863
Regular
Nov 09, 2010

BILLY WILLIAMS vs. KAZAKOFF CONSTRUCTION CO., CALIFORNIA INSURANCE COMPANY

The defendant's unverified petition for removal was dismissed for failing to meet verification requirements. However, the Workers' Compensation Appeals Board (WCAB) removed the case on its own motion due to the importance of the venue issue. The WCAB found that venue was improperly transferred to Anaheim due to clerical error, as the applicant resided in Riverside County, the injury occurred in Riverside County, and the applicant's original attorney's principal place of business was Riverside. Therefore, venue was changed back to the Riverside district office.

Petition for RemovalVerified PetitionPetition for Change of VenueLabor Code section 5501.5VenueRiversideAnaheimClerical ErrorDeclaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)
References
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