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

Case No. ADJ15278643
Regular
Apr 19, 2023

FRANCIS GOODWIN vs. ORANGE COUNTY FIRE AUTHORITY, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the Labor Code Section 3212.1 cancer presumption did not apply because the applicant's date of injury was beyond the statutory 105-month extension period following his termination of service. However, the Board found that the applicant's essential thrombocytosis, a bone marrow cancer, developed within the statutory period, even though it manifested later. The Board relied on the IME's opinion that bone marrow cancers generally have a 5-10 year latency period, supporting the applicant's claim that the condition developed during his service.

Cancer presumptionLabor Code 3212.1Essential thrombocytosisLatency periodManifestationDevelopmentReasonable medical probabilityIndependent Medical ExaminerCarcinogen exposureFirefighter
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ9162432
Regular
Oct 23, 2017

TEODORO LARIOS vs. EASTBAY EQUITIES, INC. dba WENDY'S OLD FASHIONED HAMBURGERS, AMTRUST NORTH AMERICA

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded lien claims for psychiatric treatment. The defendant argues that Labor Code section 3208.3(d) bars these claims due to insufficient employment duration and that the prior WCAB opinion is res judicata. The WCAB granted reconsideration, rescinded the WCJ's decision, and remanded the case for further proceedings. The WCAB clarified that while psychiatric conditions may be claimed as compensable consequence injuries post-January 1, 2013, they do not increase permanent impairment ratings, and the six-month employment requirement under section 3208.3(d) still applies unless the treatment was essential for a physical injury.

Workers' Compensation Appeals BoardLabor Code Section 3208.3(d)Res JudicataMedical Treatment Utilization Schedule (MTUS)Official Medical Fee Schedule (OMFS)Independent Bill ReviewCompensable Consequence InjuryPsychiatric InjuryPermanent ImpairmentLength of Employment
References
Case No. ADJ8128330
Regular
Feb 14, 2014

FARID OMARI vs. MISSION ESSENTIAL PERSONNEL, ZURICH INSURANCE

The Workers' Compensation Appeals Board denied a Petition for Removal filed by the defendant, Mission Essential Personnel and Zurich Insurance. The defendant sought to dismiss the applicant's claim, arguing it was preempted by the Defense Base Act. The Board adopted the WCJ's report, denying the petition. Furthermore, the Board noted multiple procedural violations by defense counsel, including improper pleading, lack of verification, and failure to adhere to rules regarding exhibits and counsel identification, warning against future frivolous conduct.

Petition for RemovalDefense Base Actjurisdictionpreemptedoff calendarWCJWCAB Rule 10490WCAB Rule 10843(b)WCAB Rule 10498WCAB Rule 10842(c)
References
Case No. ADJ2590975 (STK 0190237)
Regular
Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board affirmed a prior award granting medical treatment for applicant's diabetes. Despite the defendant's argument that diabetes treatment was for a non-industrial condition, the Board found it necessary to prevent worsening of the applicant's industrially caused heart disease. Medical evaluators concluded that controlling diabetes is an essential component of treating industrial heart conditions, making the treatment compensable. The decision hinges on the principle that treatment for non-industrial conditions is covered when essential to cure or relieve the effects of an industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
Case No. ADJ 10341584, ADJ 10341594
Regular
Aug 26, 2016

JON SLAGLE vs. KASCO CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision denying jurisdiction over out-of-state injuries. The WCAB found jurisdiction exists because the applicant's contract of hire was made in California, even though the injuries occurred in Alabama. This conclusion is based on Labor Code section 5305, which grants jurisdiction when the contract of hire is made in California, and the residency requirement has been deemed unconstitutional. Therefore, the WCAB has jurisdiction over the applicant's claims for compensation.

WCAB jurisdictionLabor Code section 5305contract of hireout of state injuryPetition for ReconsiderationFindings of FactReport and Recommendationresidency requirementunconstitutionaloral contract
References
Case No. VNO 0485623
Regular
Jul 21, 2008

RICHARD BARTOLO vs. CITY OF IRVINE, CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration because the record lacked essential components like stipulated issues, admissions, and admitted evidence. Consequently, the prior order allowing the lien claimant's lien was rescinded. The case was remanded to the trial level for proper record creation and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimMedical-Legal EvaluationsLabor Code Section 139.3Self-ReferralDiagnostic TestingStipulated AwardsIndustrial InjuryPolice Officer
References
Case No. ADJ9719037
Regular
Nov 27, 2017

MICHELS, William vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The employer sought to challenge a finding that no documents related to the Labor Code section 5402 presumption of compensability were generated after the hearing date. The Board found this objection was based on a stipulation the employer itself made and had not previously contested. Therefore, the employer's petition was denied as it essentially objected to its own prior agreement.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderFindings and OrderAdministrative Law JudgeLabor Code section 5402presumption of compensabilitystipulationrejecting liabilityself-insured
References
Case No. ADJ 6442912
Regular
Jan 04, 2010

JOHN HUDSON vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's award, which found the applicant sustained an industrial injury to his left knee. The Board determined the record was incomplete, lacking essential exhibits and other documentation necessary for a meaningful review. Due to the missing record and the unavailability of the original judge, the case is returned to the trial level for reassignment to a new judge for further proceedings.

WCABPetition for ReconsiderationFindings Award OrderIndustrial InjuryLeft KneeLeft AnkleAOE/COEPrior InjuryCredibilityDeposition Testimony
References
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