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

Case No. ADJ7837345
Regular
Jun 28, 2012

CAESAR ALCORDO vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision regarding Caesar Alcords' claim against the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The WCAB adopted the administrative law judge's report, which denied reconsideration. The key issue concerned custodial duties under Labor Code 3212.2, which the Board clarified is not limited to employees whose duties are *primarily* custodial.

WCABLabor Code 3212.2custodial dutiescorrectional employeesPetition for Reconsiderationdenial of reconsiderationReeves v. Workers' Comp. Appeals Bd.workers' compensation administrative law judgeADJ7837345Sacramento District Office
References
Case No. ADJ647263 (MON 0206252) ADJ442715 (MON 0179484) ADJ8283867
Regular
Jul 25, 2013

SHARON HORNSBY vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES and DEPARTMENT OF MOTOR VEHICLES, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking workers' compensation benefits for multiple injuries across different dates of injury involving the Department of Social Services and the Department of Motor Vehicles, adjusted by the State Compensation Insurance Fund. The defendants have petitioned for reconsideration of a decision that found the applicant 100% disabled. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues involved. The Board will issue a decision after this further review, which may include additional proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationLegally UninsuredState Compensation Insurance FundDepartment of Social ServicesDepartment of Motor VehiclesApplicantDefendantAdministrative Law Judge
References
Case No. ADJ9570414, ADJ9570416
Regular
Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212
References
Case No. ADJ8611839
Regular
Sep 07, 2016

NATALIE CLAYTON vs. STATE OF CALIFORNIA, CDCR PAROLE & COMMUNITY SERVICES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case addresses a claim for industrial colon cancer and hypertension. The Appeals Board denied the Department of Justice's petition for reconsideration, finding their arguments regarding latency periods were unsupported. However, the Board granted the CDCR's petition, overturning the prior finding of industrial causation for colon cancer against the CDCR. This was based on the conclusion that the applicant did not meet her burden of proof for CDCR employment absent the statutory presumption.

Labor Code 3212.1cumulative traumacolon cancerhypertensionpolice officerspecial agentparole officerSan Diego Police DepartmentDepartment of JusticeDepartment of Corrections and Rehabilitation
References
Case No. ADJ8318725
Regular
Mar 25, 2014

JUDITH CASEY vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the applicant, an office technician, sustained an industrial heart injury. This was based on the determination that the applicant performed custodial duties, as defined by Labor Code section 3212.2 and relevant case law. Such duties included supervising inmates, managing their work and conduct, and accounting for equipment, which qualified her for the presumption of industrial injury.

Workers' Compensation Appeals BoardJudith CaseyState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8318725Findings of Fact and Awardsindustrial injuryheart and cardiovascular systemcustodial duties
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7426008
Regular
May 02, 2016

JOE TUCKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration filed by the Department of Corrections and Rehabilitation. The WCAB adopted the reasoning of the administrative law judge (WCJ), which found that Joe Tucker, a Plumber II at Corcoran State Prison, was entitled to the heart presumption under Labor Code § 3212.2. The WCJ determined that Tucker's duties supervising inmate work crews, which involved daily threats and exposure to dangerous conditions, constituted "custodial duties" within the meaning of the statute. The WCAB specifically excluded certain paragraphs from the WCJ's report from incorporation in its order.

Labor Code § 3212.2heart presumptioncustodial dutiesPlumber IIinmate work crewscorrectional officersadministrative segregationsecurity housinginmate threatsextraction squad
References
Case No. ADJ5762345
Regular
Jan 29, 2013

GONZALO SALGADO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE

This case involves a petition for reconsideration by the County of Los Angeles Fire Department following a sanction order for failure to appear at a lien conference. The Department argued their objection was not considered, but the Board found the objection lacked good cause as the Department failed to ensure representation and their arguments misplaced blame. The Board denied reconsideration, affirming the sanction order. The lien claimant's attorney also received an admonishment for attaching an already-submitted document.

WCABPetition for ReconsiderationSanctionsCostsFailure to AppearLien ClaimantIntercareLos Angeles County Fire DepartmentAdministrative Law JudgeDeclaration of Readiness
References
Case No. ADJ4698250 (VNO 0548180); ADJ4211582 (VNO 0515892); ADJ4128894 (VNO 0447635); ADJ2306485 (VNO 0478103); ADJ2205033 (VNO 0451108); ADJ1950745 (VNO 0478101); ADJ1901291 (VNO 0478102); ADJ7914357
Regular
Oct 08, 2025

Robert Brown vs. California Department of Transportation, State Compensation Insurance Fund

The applicant, Robert Brown, sustained various injuries while working for the California Department of Transportation. The Workers' Compensation Appeals Board granted reconsideration after the defendant, California Department of Transportation, challenged a prior decision that found the applicant permanently totally disabled. During reconsideration, the parties settled the case with a Compromise and Release. Consequently, the Appeals Board rescinded the earlier findings and orders and returned the matter to the trial level for the WCJ to review and approve the settlement agreement.

Workers' Compensation Appeals BoardCalifornia Department of TransportationLegally UninsuredState Compensation Insurance FundJoint Findings Award and OrdersWorkers' Compensation Administrative Law Judgepermanent total disabilityCompromise and Releaserescindedreturned to trial level
References
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
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