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

Case No. ADJ8075085
Regular
Oct 28, 2016

SUSANA BURNETT vs. EL MONTE CITY SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration in the case of Burnett v. El Monte City School District. The WCAB adopted and incorporated the reasoning from the workers' compensation administrative law judge's (WCJ) report. Therefore, the Petition for Reconsideration was denied based on the existing record and the WCJ's findings.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial of ReconsiderationEL MONTE CITY SCHOOL DISTRICTSUSANA BURNETTADJ8075085
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ11121014
Regular
Nov 02, 2019

DIANA BAKER vs. BAKERSFIELD CITY SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Diana Baker's petition for reconsideration against Bakersfield City School District. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of the served decision. In this case, Baker's petition was filed significantly beyond this jurisdictional deadline, rendering the WCAB without authority to review it.

Petition for ReconsiderationUntimely filingJurisdictional time limitWorkers' Compensation Appeals BoardAdministrative law judgeWCJ decisionProof of mailing insufficientDismissal orderCase ADJ11121014Bakersfield City School District
References
Case No. ADJ7962270
Regular
Jun 10, 2014

SACRAMENTO CITY UNIFIED SCHOOL DISTRICT vs. ASSESSMENT OF OPTION AND ORDER DISMISSING PETITION FOR REMOVAL

Defendant Sacramento City Unified School District filed an untimely Petition for Removal arguing discovery should have closed at the mandatory settlement conference. The petition was filed 23 days after the Order, exceeding the 20-day limit. Since the defendant received personal service of the Order at the hearing, they were not entitled to a five-day extension for filing. Consequently, the Workers' Compensation Appeals Board dismissed the petition as untimely.

Petition for RemovalUntimely FilingMandatory Settlement Conference (MSC)Off CalendarDevelopment of RecordLabor Code Section 5502(d)(3)Due DiligenceWCAB Rule 10843(a)Personal ServiceCode of Civil Procedure Section 1013(a)
References
Case No. ADJ8791212, ADJ9504979
Regular
Apr 19, 2016

HECTOR MELGAR vs. SEQUOIA UNION HIGH SCHOOL DISTRICT, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

This case involves a Petition for Reconsideration filed by Hector Melgar against Sequoia Union High School District. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of the reconsideration request. Therefore, the Board has formally closed the matter regarding this specific petition.

Petition for Reconsideration withdrawnDismissed petitionWorkers' Compensation Appeals BoardSequoia Union High School DistrictProtected Insurance Program for SchoolsADJ8791212ADJ9504979San Francisco District OfficeMarguerite SweeneyFrank M. Brass
References
Case No. ADJ4318563 (SAL 0103841)
Regular
Nov 03, 2010

SANDRA PETERSON vs. SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES

This case involves an applicant who sustained industrial injuries as a teacher and later earned a significantly higher salary at a different school district. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the administrative law judge's decision to base temporary disability indemnity on the applicant's higher post-injury earnings. This was justified because her subsequent earnings provided concrete evidence of her earning capacity.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total Disability IndemnityTDI Rate CalculationPost-Injury EarningsEarning CapacityWCJ FindingsPetition for ReconsiderationSanta Cruz City SchoolsCampbell School District
References
Case No. ADJ2929021 (MON 0344046)
Regular
Feb 25, 2014

RONALD KELSEY vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA

This case concerns a Petition for Reconsideration filed by Barstow Unified School District and SCRMA (the defendants) regarding a decision issued on December 27, 2013. The petitioner, the defendants, has officially withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The dismissal order was issued on February 25, 2014.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedWithdrawnApplicantDefendantSchool DistrictSCRMASan Bernardino District OfficeConfidenital
References
Case No. ADJ9697744
Regular
May 25, 2018

JASON POIRIER vs. CITY OF MENLO PARK, Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS, CITY OF BRISBANE; Permissibly Self-Insured; administered by INNOVATIVE CLAIMS SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that denied Jason Poirier's claim for kidney cancer benefits. The Board found that the City of Menlo Park failed to rebut the presumption under Labor Code section 3212.1 that Poirier's cancer was industrially caused. Crucially, the Board ruled that Poirier's prior employment with the City of Brisbane could be combined with his Menlo Park employment to satisfy the minimum latency period for cancer causation, a point the trial judge had incorrectly excluded. Consequently, the Board amended the findings to establish that Poirier sustained an industrial injury and returned the case for benefit determination.

Labor Code section 3212.1renal cell carcinomacarcinogen presumptionrebuttallatency periodcumulative traumapolice officerCity of Menlo ParkCity of Brisbaneindustrial injury
References
Case No. ADJ7547129
Regular
Sep 30, 2016

PETRA CABANAS PINO vs. INGLEWOOD UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant Inglewood Unified School District's Petition for Removal. The defendant argued the judge improperly took the trial off calendar. The Board found the defendant failed to show the order would cause significant prejudice or irreparable harm. Therefore, the Petition for Removal was denied, without addressing other issues raised.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderTrial Off CalendarSignificant PrejudiceIrreparable HarmPermissibly Self-InsuredInglewood Unified School DistrictAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
References
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