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

Case No. MISSING
Regular Panel Decision

Oak Park, Inc. v. Harrison

James Harrison, a patient at Desert Springs Medical Center for detoxification, sued the facility after being injured during an altercation involving staff and a violent psychological patient. Harrison alleged common law negligence and premises liability, contending Desert Springs failed to protect him from the other patient. Desert Springs moved to dismiss Harrison's suit, asserting his claims were health care liability claims requiring an expert report under Texas Civil Practice and Remedies Code Chapter 74, which Harrison failed to provide. The trial court denied the motion, but on appeal, the court reversed this decision. It concluded that Harrison's claims, which involved patient supervision and safety within a healthcare facility, were indeed health care liability claims as defined by Chapter 74. Therefore, the appellate court rendered judgment dismissing Harrison's claims with prejudice due to the lack of an expert report.

Health Care LiabilityExpert ReportTexas Medical LiabilityNegligencePremises LiabilityPatient SafetyInterlocutory AppealMotion to DismissStandard of CareMedical Malpractice
References
8
Case No. ADJ1936437 (RIV 0070095) ADJ211616 (RIV 0073390)
Regular
Jun 20, 2011

ROSE MARIE RODRIGUEZ vs. HI-DESERT MEMORIAL, ALPHA FUND

In this case, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of a supplemental award. The WCAB affirmed the finding that lien claimants were entitled to reimbursement for psychiatric treatment provided to the applicant. This treatment was deemed a compensable consequence of the applicant's industrial left thumb injury, with medical experts opining the psychiatric condition was predominantly caused by the orthopedic disability. The WCAB found that the industrial physical injury was the predominant cause of the applicant's psychiatric condition, making the treatment necessary.

Workers' Compensation Appeals BoardRose Marie RodriguezHi-Desert MemorialAlpha Fundlicensed vocational nurseorthopedic injurypsyche injurycompensable consequenceLabor Code section 3208.3(b)(1)psychiatric treatment
References
6
Case No. ADJ10261666, ADJ9073117
Regular
Aug 01, 2019

Martin Alonso vs. Desert Arc and CIGA, Hemet Unified School District

This case involves an applicant seeking workers' compensation benefits for a cumulative trauma injury to his left knee and lower back sustained while employed by Hemet Unified School District (HUSD). The Workers' Compensation Appeals Board (WCAB) denied HUSD's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) findings. The ALJ found the medical opinions of Dr. Watkin, which attributed some disability to cumulative trauma from HUSD work, to be substantial and persuasive. This conclusion was based on the ALJ's review of the evidence, including MRIs and surgical reports, and crediting Dr. Watkin's detailed reasoning over conflicting opinions. The WCAB gave great weight to the ALJ's credibility determination and found no substantial evidence to warrant rejection.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsubstantial evidencephysician opinioncumulative traumaaggravationspecific injuryPTPAME
References
2
Case No. ADJ8150668
Regular
Aug 21, 2014

STEVEN JUDD vs. CITY OF DESERT HOT SPRINGS, CORVEL CORVEL CORPORATIONS

This case concerns Steven Judd's workers' compensation claim for kidney cancer. The Appeals Board affirmed the finding that Judd sustained an industrial injury as a peace officer, granting him the presumption of compensability under Labor Code section 3212.1. The Board found the cancer developed during his employment, satisfying the statute's requirements even though it manifested later. The defendant failed to rebut the presumption by proving no reasonable link between the carcinogens Judd was exposed to and his cancer.

Labor Code section 3212.1peace officerkidney cancercumulative traumapresumptioncarcinogenlatency periodmanifestationdevelopmentAgreed Medical Evaluator (AME)
References
13
Case No. ADJ8349042
Regular
Nov 25, 2019

CARLOS REYES vs. PALM DESERT DOORS AND HARDWARE, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a WCJ's finding that the employer did not engage in serious and willful misconduct. The WCAB rescinded the original decision, finding material factual discrepancies between the WCJ's findings and the evidence, particularly regarding the necessity of gloves and the feasibility of using a safety guard. The case is remanded for further proceedings, including allowing the applicant to amend their petition to include theories based on OSHA violations and presenting arguments and evidence on that issue. The WCAB also clarified that failure to specifically plead OSHA violations in the pretrial conference statement does not constitute a waiver of the right to raise such issues.

Serious and Willful MisconductLabor Code section 4553Occupational Safety and HealthCal/OSHAWCJFindings and OrderPetition for ReconsiderationCompromise and Releasetable sawsafety guard
References
0
Case No. ADJ2957389 (RDG 0129189)
Regular
Aug 28, 2013

WAYNE BREWER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS HIGH DESERT STATE PRISON

The Appeals Board rescinded the prior award of 100% permanent disability due to an industrial injury sustained by the applicant, a correctional officer. The Board found that the vocational expert's opinion on total loss of earning capacity was not substantial evidence because it failed to properly apportion disability to non-industrial factors, a duty that falls on the WCJ, not the rater. Issues of permanent disability, apportionment, and attorney fees were deferred and returned to the trial level for further development of the record and reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injurycorrectional officerbilateral shouldersbilateral kneesbilateral feetlumbar spinethoracic spine
References
7
Case No. ADJ6867138, ADJ6867140
Regular
Jun 07, 2013

CRISTINO SANTOS vs. SUN CITY PALM DESERT, INSURANCE CO OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by the lien claimant in the case of Cristino Santos. The petition was dismissed as untimely because it was filed more than 25 days after the underlying order, violating the statutory time limit. The WCAB also noted the petition was unverified and contained misrepresentations of material facts. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013Lien Activation FeeLien ConferenceVerified PetitionWCAB Rule 10842(a)
References
0
Case No. ADJ6593388
Regular
Oct 21, 2014

JENNIFER GARRETT vs. HIGH DESERT MEMORIAL HOSPITAL DISTRICT, ALPHA FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration because it was filed against a non-final, procedural order directing an AME to issue a supplemental report. The Board also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm, as removal is an extraordinary remedy. The applicant's contention that she had a due process right to a new PQME was based on mere speculation about the AME's report. The Board admonished the applicant's counsel for filing the inappropriate petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorSupplemental ReportQualified Medical Evaluator PanelInterlocutory OrderFinal OrderSubstantive RightIrreparable Harm
References
11
Case No. ADJ8592547, ADJ8592681
Regular
May 08, 2017

KYWAN CANN vs. DESERT VIEW AUTO AUCTION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Appeals Board granted the defendant's petition for removal, rescinding a previous order that mandated a stenographically recorded vocational evaluation. The Board found that the WCJ erred by applying the Code of Civil Procedure to a workers' compensation vocational examination, for which no specific recording rules exist. Crucially, the Board noted that the order was made without a sufficient record or evidence regarding potential disruption. Therefore, the case was returned to the trial level for further proceedings to establish whether a court reporter's presence would interfere with the examination.

Petition for RemovalVocational EvaluationStenographically RecordedCode of Civil ProcedureSubstantial PrejudiceIrreparable HarmReconsiderationLabor Code Section 5313Admissible EvidenceDefense Vocational Examination
References
17
Case No. ADJ7407879
Regular
Jun 20, 2014

MARC EBERLE vs. HIGH DESERT STATE PRISON, STATE COMPENSATION INSURANCE FUND

The applicant's Petition for Reconsideration of a September 23, 2010 Order of Dismissal is dismissed as untimely, filed over three years after the original order. The Board also dismissed reconsideration of the statute of limitations defense as the applicant is not yet aggrieved by a final determination on that issue. The matter is returned to the trial level for the judge to address potential estoppel against the defendant asserting the statute of limitations defense due to its delay in doing so. The applicant's attorney had initially requested withdrawal of the original application due to errors.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalApplication for AdjudicationCumulative TraumaStatute of LimitationsUntimely PetitionJurisdictional Time LimitAgreed Medical ExaminerEstoppel
References
6
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