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

Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
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The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings.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. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ12138014 ADJ10965293
Regular
Jan 21, 2020

DONALD WRIGHT vs. FEDERAL EXPRESS CORPORATION

The WCAB denied Defendant Federal Express Corporation's Petition for Reconsideration, upholding the WCJ's finding that applicant Donald Wright is entitled to a separate Agreed Medical Evaluator or Qualified Medical Examiner for his cumulative trauma (CT) claim. Defendant argued applicant waived this right by not filing a claim form for the CT claim, citing *Navarro v. City of Montebello*. However, the Board found that while the initial finding of injury AOE/COE was a threshold issue, the entitlement to a separate QME for the CT claim was interlocutory. As Defendant failed to demonstrate significant prejudice or irreparable harm, removal was denied.

WORKERS' COMPENSATION APPEALS BOARDDONALD WRIGHTFEDERAL EXPRESS CORPORATIONADJ12138014ADJ10965293Petition for ReconsiderationFindings of FactWCJcumulative trauma (CT) claimpanel qualified medical evaluator (QME)
References
Case No. ADJ8649665
Regular
Mar 03, 2016

DONALD ALCANTAR vs. TOYS R US, ZURICH INSURANCE COMPANY

This case involves a petition for reconsideration filed by Donald Alcantar concerning a workers' compensation claim against Toys R Us and Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report from the workers' compensation administrative law judge (WCJ). For the reasons stated in the WCJ's report, which the WCAB adopted and incorporated, the Board has denied Alcantar's petition for reconsideration. The order denying reconsideration was issued on March 3, 2016.

WCABDonald AlcantarToys R UsZurich Insurance CompanyADJ8649665Petition for ReconsiderationWCJ reportadministrative law judgeorder denying reconsiderationSan Francisco
References
Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
Case No. ADJ292306 (SJO 0140094) ADJ1470334 (SFO 0139424) ADJ7101503
Regular
Feb 10, 2011

DONALD DAVIS vs. ALMADEN MAZDA, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, LIMITED

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Donald Davis. This denial was based on the WCJ's report, which the Board adopted. The defendant's counsel was admonished for violating WCAB Rule 10842 by inappropriately attaching previously admitted exhibits to the petition. Further violations of this rule may result in sanctions.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONWCJ reportWCAB Rule 10842recycled exhibitsadmonishedLab. Code § 5813sanctionsALMADEN MAZDATIG SPECIALTY INSURANCE COMPANY
References
Case No. ADJ4629950
Regular
Dec 21, 2012

JOHNNY BETTENCOURT vs. DONALD WILLIAMS, SAFECO INSURANCE COMPANY, UNINSURED EMPLOYERS' BENEFIT TRUST FUND DEPARTMENT OF INDUSTRIAL RELATIONS

The Uninsured Employers' Benefit Trust Fund (UEBTF) sought reconsideration, arguing Safeco's policy covered the applicant's injury. The Arbitrator previously ruled Safeco had no liability as its policy with Donald Williams did not include "comprehensive personal liability" insurance as required by Insurance Code section 11590. The Appeals Board affirmed this decision, finding the Safeco policy explicitly limited coverage to premises liability and lacked the necessary language for comprehensive personal liability coverage. Therefore, Safeco was correctly found not liable for the applicant's injury.

Uninsured Employers' Benefit Trust Fundcomprehensive personal liability insuranceLabor Code section 3351(d)Labor Code section 3352(h)Insurance Code section 11590premises liability insuranceSafeco Insurance CompanyDonald WilliamsJohnny Bettencourtworker's compensation coverage
References
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