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

Case No. ADJ7760117
Regular
Jul 10, 2020

SAMUEL SMITH vs. KERN COUNTY SHERIFF'S DEPARTMENT, COUNTY OF KERN

This case involves Samuel Smith, a deputy sheriff, seeking workers' compensation for claimed industrial injuries to his heart. The Workers' Compensation Appeals Board rescinded the prior decision, finding the medical record regarding the applicant's heart condition insufficiently developed. The Board remanded the case for further proceedings to determine when the applicant's hypertensive heart disease developed and whether it falls under the statutory presumption of industrial injury for sheriffs. Crucially, the Board requires additional medical evidence to establish causation by a reasonable medical probability.

Workers' Compensation Appeals BoardSamuel SmithKern County Sheriff's DepartmentDeputy SheriffReconsiderationFindings Orders and AwardLumbar SpineUpper ExtremitiesGERDCardiovascular System
References
Case No. ADJ3358392
Regular
Oct 04, 2011

JESUS HERNANDEZ vs. KERN COUNTY SHERIFF'S DEPARTMENT, Permissibly Self-Insured, AIMS

This case involves a deputy sheriff's claim for a left knee injury sustained in August 2005. The defendant employer argued the claim was barred by Labor Code section 3600(a)(10) due to a post-termination filing and insufficient evidence. The Appeals Board affirmed the WCJ's findings, ruling the employer had actual notice of the injury prior to termination, satisfying an exception to section 3600(a)(10)(A). Therefore, the claim was deemed compensable and not barred by the post-termination defense.

Workers' Compensation Appeals Boardindustrial injurydeputy sheriffKern County Sheriff's DepartmentLabor Code section 3600(a)(10)post-termination defensenotice of injurySergeant Goodingqualified medical evaluatorThor Gjerdrum M.D.
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. ADJ3496280 (MON 0341102)
Regular
Dec 02, 2008

MARCELLO CURKO vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.

Workers' Compensation Appeals BoardCounty of Los Angeles Sheriff's DepartmentTristar Risk ManagementDeputy SheriffIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4664Labor Code Section 46631997 PDRS
References
Case No. ADJ7676148
Regular
Oct 17, 2013

CAMERON PRATT vs. SAN BERNARDINO COUNTY SHERIFF DEPARTMENT, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the Sheriff Department's Petition for Reconsideration regarding a Deputy Sheriff's Hodgkin's Lymphoma claim. The WCJ found the applicant established a prima facie case for a work-related cancer injury under Labor Code section 3212.1. The defendant failed to rebut the presumption of injury with substantial medical evidence, specifically regarding the latency period and a reasonable link between carcinogen exposure and the applicant's aggressive cancer. The Board adopted the WCJ's report and reasoning in its denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedDeputy SheriffContinuous TraumaCancerHodgkin's LymphomaArising Out of and Occurring in the Course of Employment (AOE/COE)Rebutting the PresumptionLabor Code section 3212.1
References
Case No. ADJ8213231
Regular
May 21, 2013

David Lade vs. COUNTY OF NEVADA SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) denied the County of Nevada Sheriff's Department's petition for reconsideration of a Findings and Award. The WCAB adopted the administrative law judge's report, finding the petition lacked merit and noting the defendant's procedural missteps. Specifically, the defendant improperly referenced an unadmitted document and sought removal when reconsideration was the correct procedural avenue for a final order. The Board affirmed the applicant's entitlement to shift differential as part of his Labor Code 4850 benefits, aligning with case law that prevents employers from altering an employee's status to avoid such payments.

Workers' Compensation Appeals BoardCounty of Nevada Sheriff's DepartmentDavid LadeADJ8213231Petition for ReconsiderationWCAB Rule 1084(a)Labor Code section 4850shift differentialmodified dutylight duty
References
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
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. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
Case No. ADJ838588 (VNO 0384987) ADJ2342741 (VNO 0384985) ADJ1363723 (VNO 0384986)
Regular
Nov 10, 2016

RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

WCABPetition for ReconsiderationFindings Award and OrderWCJdeputy sheriffbilateral shouldersleft kneeleft forearmstipulated awardaverage weekly earnings
References
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