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

Case No. ADJ8722028
Regular
Apr 04, 2014

TONYA OREPEZA ZAMORA vs. SANTA CLARA COUNTY DEPARTMENT OF CORRECTIONS

This case involves a correctional officer diagnosed with uterine cancer who claimed a workers' compensation industrial injury. The defendant contested her eligibility, arguing she was not a "peace officer" under Penal Code section 830.1 at the time of diagnosis. The Board denied reconsideration, finding that despite a title delay, the applicant was performing the duties and was eligible to be a deputy sheriff. Her job duties did not change, making her status as a peace officer, for the purposes of her claim, evident.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSheriff's Correctional DeputyIndustrial InjuryUterus CancerPermanent Partial DisabilityLabor Code section 3212.1Penal Code section 830.1Peace Officer
References
Case No. ADJ6919393, ADJ6919452
Regular
Oct 06, 2014

LEES VAN DYKE vs. COUNTY OF VENTURA

The applicant, a deputy sheriff trainee, sustained admitted injury to his right foot, ankle, and hips on July 10, 2006, and a subsequent cumulative trauma injury ending around July 2007 to his feet and hips. The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant was not engaged in "active law enforcement service" for Labor Code section 4850 benefits during his specific injury on July 10, 2006. However, the entitlement to section 4850 benefits for the cumulative trauma injury remains deferred for further proceedings. The Board otherwise affirmed the WCJ's findings regarding temporary disability and permanent stationary date.

Workers' Compensation Appeals BoardLabor Code Section 4850Deputy Sheriff TraineeProvisional Deputy SheriffActive Law Enforcement ServiceCumulative TraumaSpecific InjuryPetition for ReconsiderationFindings and AwardAgreed Medical Examiner
References
Case No. ADJ7191285
Regular
Aug 13, 2012

JOHN MASSEY vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award finding industrial back injury. The Board found the medical opinions relied upon by the judge were not substantial evidence as they failed to account for the applicant's retirement in 2005 and subsequent limited employment. The case is returned to the trial level for further proceedings to develop the medical record regarding the back injury. The Board affirmed the statute of limitations finding for the back injury claim.

Workers' Compensation Appeals Boardindustrial injuryheart injurydeputy sheriffstatute of limitationssubstantial medical evidencecumulative traumadeputy sheriff lieutenantWCJreconsideration
References
Case No. SAC 0359940
Regular
Aug 08, 2008

JENNIFER BLANAS vs. COUNTY OF SACRAMENTO, AIMS

This case affirmed an award of Labor Code section 4850 benefits to a deputy sheriff for an industrial neck injury. The Appeals Board held that section 4850 benefits are distinct from temporary disability benefits, and the applicant was entitled to claim them after receiving temporary disability indemnity. The court also ruled that the defendant employer was entitled to credit retirement advances against the section 4850 benefits.

Workers' Compensation Appeals BoardDeputy SheriffIndustrial InjuryNeck InjuryTemporary Disability IndemnityPermanent Disability AdvancesSection 4850 BenefitsSection 4850.3Retirement AdvancesSection 4458.2
References
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
Case No. ADJ10560768
Regular
Nov 15, 2018

JOHN BROADFOOT vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied reconsideration of a denial for a deputy sheriff's psyche injury claim. The applicant argued the Qualified Medical Evaluator's (QME) opinion was not substantial evidence. However, the Board found the QME thoroughly evaluated the applicant and concluded employment was not the predominant cause of any mental disorder. The Board affirmed that lay opinion cannot override expert medical testimony on complex medical causation issues.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryPsychePanel Qualified Medical EvaluatorVladimir BokariusSubstantial Medical EvidencePetition for ReconsiderationLabor Code § 3208.3Predominant Cause
References
Case No. VNO 0515904
Regular
Oct 15, 2007

CHRISTOPHER STOKES vs. COUNTY OF LOS ANGELES SHERRIF'S DEPARTMENT

The Appeals Board granted reconsideration, reversing the WCJ's decision and finding that the deputy sheriff's bicep injury sustained while training for an employer-sanctioned boxing tournament arose out of and occurred in the course of employment. The Board applied the *Ezzy* test, finding both subjective and objective reasonableness in the applicant's belief that his participation was expected, despite the injury occurring during off-duty training at a private residence. The matter was returned for further proceedings, deferring other issues.

Workers' Compensation Appeals BoardDeputy SheriffInjury AOE/COELabor Code Section 3600(a)(9)Voluntary Recreational Activity ExceptionImplied Employer EncouragementObjective Reasonable BeliefDepartmental Boxing TeamFundraiser EventSergeant Mike Young
References
Case No. SAC 0282000; SAC 0354233
Regular
Jun 03, 2008

JON EDWARDS vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge, finding the applicant deputy sheriff is not entitled to Labor Code section 4850 benefits or temporary disability for time missed from work. This decision is based on the finding that the applicant was provided with full or modified duty work during the periods in question, according to medical reports. Therefore, the applicant's claim for wage replacement benefits for these periods was denied.

Labor Code section 4850Deputy SheriffTemporary DisabilityFull DutyModified DutyMedical AppointmentsIndustrial InjuryPermanent and StationaryWage ReplacementMedical Reports
References
Case No. ADJ2508984
Regular
Jul 29, 2008

Hisato Tsuchiya vs. COUNTY OF LOS ANGELES, SHERIFF'S DEPARTMENT, TRISTAR RISK MANAGEMENT (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision regarding a Deputy Sheriff's cumulative injury claim. The central issue concerns the application of Labor Code section 4658(d) and its impact on permanent disability benefits, specifically whether there should be a $15\%$ increase or decrease. The Board requires further review to fully understand the factual and legal complexities of the case before issuing a final decision.

Labor Code section 4658(d)permanent disability increasepermanent disability decreasecumulative injuryDeputy Sheriffheart conditionhypertensionpetition for reconsiderationFindings of Fact and AwardWCJ
References
Case No. ADJ9299008
Regular
Jan 25, 2016

DAVID BESAG vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's award finding applicant, a deputy sheriff, sustained an industrial psychiatric injury. The Board rescinded the award and returned the case for further proceedings because the electronic record was incomplete. Specifically, the reporter's Minutes of Hearing and Summary of Evidence from a trial session were missing. The Board emphasized that a complete record is essential for proper decision-making, citing established precedent.

Psychiatric injuryCumulative traumaDeputy sheriffPredominant causePost-termination claimPersonnel actionStatute of limitationsQualified medical evaluatorRolda analysisRecord completeness
References
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