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

Case No. ADJ168046 (AHM 0151884)
Regular
Jun 13, 2012

LUIS RAFAEL CHERO vs. TROPITONE FURNITURE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardTravelers Property Casualty Company of AmericaTropitone Furniture CompanyLuis Rafael CherDecision March 27 2012Order DismissingSan Francisco California
References
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. ADJ6511067
Regular
Apr 01, 2014

PAUL SOLDI vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This is an order granting the San Diego Unified School District's Petition for Reconsideration in the case of Paul Soldi. The Workers' Compensation Appeals Board (WCAB) determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action is being taken to ensure a complete understanding of the record and to enable the WCAB to issue a just and reasoned decision. Further proceedings may be ordered as appropriate.

Workers' Compensation Appeals BoardPetition for ReconsiderationSan Diego Unified School DistrictYork Risk Services GroupADJ6511067Opinion and OrderStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After Reconsideration
References
Case No. ADJ3195255 (OAK 0308412) ADJ3899405 (OAK 0330517)
Regular
Jan 25, 2012

KIM CANEPA vs. GOLDEN GATE CANYON CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petitions for removal in case number ADJ3195255 and ADJ3899405. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. This denial means the case will proceed without further review at this stage.

Kim CanepaGolden Gate Canyon ConstructionState Compensation Insurance FundWorkers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalAlfonso J. MoresiRick DietrichAlfonsi G. Caplane
References
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ7947584
Regular
May 09, 2014

JEFF CLARK vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The applicant, Jeff Clark, filed a workers' compensation claim against the Los Angeles County Office of Education. The defendant sought removal, arguing the Workers' Compensation Judge (WCJ) erred in setting a trial date for the issue of injury. However, electronic records showed that a trial with testimony was completed on the disputed date of April 1, 2014. Consequently, the Petition for Removal was deemed moot and dismissed by the Workers' Compensation Appeals Board.

Petition for RemovalEAMStrial with testimonyhearing completedmootdismissedWorkers' Compensation Appeals BoardWCJapplicantdefendant
References
Case No. ADJ2872928 (LBO 0355771) ADJ3784596 (LAO 0865396)
Regular
Aug 26, 2013

MARIA ROSALES vs. REPUBLIC MASTER CHEFS, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, involving applicant Maria Rosales and defendants Republic Master Chefs/State Compensation Insurance Fund, resulted in the dismissal of the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. While the judge recommended denial, the Board's order is specifically to dismiss the petition. The dismissal was effective August 26, 2013.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRepublic Master ChefsState Compensation Insurance FundMaria RosalesADJ2872928ADJ3784596
References
Case No. ADJ7432459, ADJ7432589
Regular
Jun 25, 2013

COLLETT WITHERS vs. MACY'S, MACY'S WEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted the Petition for Removal, rescinded the Administrative Law Judge's (ALJ) May 7, 2013 order setting the case for trial, and took the matter off calendar. This action returns the case to the ALJ for further proceedings. The WCAB adopted the ALJ's report as the basis for its decision.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJMarina del Rey District OfficeGranting PetitionRescinded OrderTaken Off CalendarFurther ProceedingsAdministrative Law Judge
References
Case No. ADJ3748181 (SBR 0311583), ADJ3809298 (SBR 0325610)
Regular
Oct 13, 2011

ARACELY MARTINEZ vs. COUNTY OF RIVERSIDE; SCIF INSURED, INLAND EMPIRE, SCIF STATE EMPLOYEES

The Workers' Compensation Appeals Board denied Aracely Martinez's petition for reconsideration, adopting the findings of the workers' compensation administrative law judge. The Board clarified that while the judge could consider a "regular physician" for an independent medical examination under Labor Code section 5701, no authority existed for a formal Independent Medical Examiner (IME). Consequently, the defendant's petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardIndependent Medical ExaminerRegular PhysicianLabor Code Section 5701County of RiversideSCIF InsuredAdministrative Law JudgeDeny ReconsiderationSBR District Office
References
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