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

Case No. ADJ7910523, ADJ5810903
Regular
Jan 18, 2013

TERRY SANTA MARIA vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of its prior decision concerning Terry Santa Maria's claims against East Bay Municipal Utility District. The Board affirmed the original decision but amended it to clarify that the disability became medically permanent and stationary on July 18, 2006. The amended decision specifically outlines the calculation and payment of permanent disability indemnity for two case numbers, including weekly rates, duration, and attorney's fees. This amendment provides a more precise award for the applicant's permanent disability.

Workers' Compensation Appeals BoardReconsiderationMedically Permanent and StationaryPermanent Disability IndemnityAward AmendmentAttorney's Fee CommutationADJ7910523ADJ5810903East Bay Municipal Utility DistrictAthens Administrators
References
Case No. ADJ7148829, ADJ6791249, ADJ7157764
Regular
Oct 01, 2014

PHILLIP YOUNG vs. EAST BAY MUNICIPAL UTILITY, ATHENS ADMINISTRATORS

This case involves a Petition for Removal filed by an applicant in a workers' compensation matter. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. No further action will be taken on this matter.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardEast Bay Municipal Utility DistrictAthens AdministratorsADJ7148829Oakland District OfficeOrder Dismissing PetitionMarguerite Sweeney
References
Case No. ADJ6527507
Regular
Oct 18, 2010

Wayne Moore vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration, finding the WCJ improperly substituted his medical judgment for the Qualified Medical Evaluator's (QME) regarding the applicant's industrial sleep disturbance. The WCJ's finding of no industrial sleep impairment, despite the QME's opinion indicating such, was deemed erroneous. The Board rescinded the original award and remanded the case for a new rating that incorporates the QME's findings on sleep disturbance. Additionally, the WCJ must correct an identified occupational group number error in future rating calculations.

Workers' Compensation Appeals BoardWayne MooreEast Bay Municipal Utility DistrictAthens Administratorsmachinist maintenance workermachinistmachinist maintenancepermanent disabilityapportionmentQualified Medical Evaluator
References
Case No. ADJ7067658
Regular
Dec 21, 2012

CLINTON FROST vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was filed from a non-final interlocutory order regarding discovery, not a substantive determination. The WCAB also denied removal, adopting the judge's reasoning that no substantial prejudice or irreparable harm was shown. While the WCAB disagreed with the judge's view on applicant's wife's party status, it found no violation warranting a replacement panel. The defendant can depose the PQME to address concerns about the wife's communication.

Petition for ReconsiderationFinal OrderInterlocutory OrderRemovalSubstantive RightIrreparable HarmWCJ ReportPQMELabor Code Section 4062.3(f)Applicant's Wife
References
Case No. ADJ6719136
Regular
Apr 01, 2011

RICHARD KITE vs. EAST BAY MUNICIPAL UTILITY DISTRICT

This case concerns Richard Kite's claim for workers' compensation for a hip injury sustained while employed by East Bay Municipal Utility District. The Workers' Compensation Appeals Board (WCAB) reconsidered an order mandating the employer restore applicant's sick and vacation leave at a higher rate tied to his later earnings. The WCAB found insufficient evidence to justify using the increased earnings for calculating leave restoration, as per *Grossmont Hospital v. WCAB*. Therefore, the WCAB amended the order to restore leave at the rate of $668.93 per week, based on the applicant's earnings at the time of the initial injury.

Petition for ReconsiderationTemporary Total DisabilityTD RateSick LeaveVacation LeaveEmployment Development DepartmentEDDWCJFindings of FactLabor Code
References
Case No. ADJ6713393, ADJ7568222
Regular
Feb 11, 2013

Tabitha Asim vs. East Bay Municipal Utilities District

This case involves a petition for reconsideration by the defendant, East Bay Municipal Utilities District, challenging an administrative law judge's award of permanent disability for Tabitha Asim's hip and lumbar spine injuries. The defendant argues that the Qualified Medical Evaluator's (QME) disability ratings were not substantial medical evidence, as they were based on restrictions caused by a non-industrial hernia and lacked adequate justification under *Almaraz/Guzman*. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further development of the medical record to clarify the extent of permanent disability. The Board noted the QME's inability to differentiate limitations caused by the industrial injuries from those due to the hernia.

Almaraz/GuzmanQualified Medical EvaluatorWhole Person ImpairmentCumulative traumaTrochanteric bursitisLumbar spinePermanent disabilityReconsiderationFindings and AwardSubstantial medical evidence
References
Case No. ADJ7259664
Regular
Nov 01, 2011

IRMA MCCULLOUGH vs. EAST BAY MUNI UTILITY DISTRICT, ATHENS ADMINISTRATOR

The Workers' Compensation Appeals Board denied the Defendant's Petition for Removal. The Defendant argued that discovery closure language was omitted from the hearing minutes. However, the Board found no irreparable harm or prejudice to the Defendant. The Board also noted the Applicant obtained representation on the hearing date and should be allowed to confer with counsel.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDiscovery ClosureMSCPrejudiceTrial JudgeUnspecified District OfficeAthens AdministratorEast Bay Muni Utility District
References
Case No. ADJ6736602 (MF); ADJ6736601; ADJ6736597; ADJ8013380
Regular
Sep 06, 2012

SABRINA TAANING vs. EAST BAY MUNICIPALITY UTILITY DISTRICT, Permissibly Self-Insured; Adjusted By ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The applicant, a surveyor, claimed she contracted Lyme disease from tick bites sustained during employment with East Bay Municipal Utility District. The WCAB found that the applicant did not sustain injury arising out of and in the course of employment. The WCAB specifically adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ), which found the medical report of Dr. Thomas Allems to be substantial evidence supporting this conclusion. The WCAB also admonished the applicant's attorney for failing to comply with rules requiring fair and accurate representation of the evidence in the petition.

Lyme diseaseAOE/COEPetition for ReconsiderationWCJ reportsubstantial evidencetick bitesBorrelia burgdorferiWestern blotPCR testingdiagnostic criteria
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
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