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

Case No. ADJ7825518

Regular

Nov 05, 2013

MICHELLE WELLS vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order changes the venue for Michelle Wells' case from the Eureka District Office to the Sacramento District Office. The transfer is necessary because the Presiding Judge in Eureka has recused herself and there are no other judges available there. The order also directs the Sacramento Presiding Judge to assign the case to a judge who has no prior working relationship with the applicant.

WCABLegally UninsuredAdjusting AgencyOrder Changing VenuePresiding Workers' Compensation JudgeRecusedAppeals Board Rule 10453Sacramento District OfficeAssignmentApplicant

References

Case No. ADJ2105435 (EUR 0031083) ADJ489780 (EUR 0031084)

Regular

Nov 14, 2008

Bill Chilcutt vs. HINTZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND EUREKA

This case involves Bill Chilcutt's workers' compensation claim for back and neck injuries. The appeals board granted reconsideration, rescinding the prior determination that found good cause to reopen the cumulative trauma claim and awarding 59% permanent disability. The matter is remanded for further proceedings to address issues of psychiatric disability causation, orthopedic apportionment in light of recent case law, and the effect of a prior stipulation regarding benefit payment. The claim for the specific 1995 injury was correctly deemed untimely.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerPetition to ReopenGood CauseFive-Year Limitation

References

Case No. ADJ4517414 (EUR 0036075)

Regular

Sep 13, 2010

, C. AND J. RANDY LINGARD vs. EUREKA CITY SCHOOL DISTRICT, PACIFIC EMPLOYERS INSURANCE, by ESIS CHATSWORTH

The defendant, Pacific Employers Insurance, sought reconsideration of a compromise and release order, arguing the payment was erroneously ordered against ACE USA instead of "Pacific Employers Insurance Group." The Appeals Board granted reconsideration because a fully executed amended compromise and release agreement was subsequently submitted. The original order is rescinded and the matter is returned to the trial level for review of the amended agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJPacific Employers Insurance GroupACE USAESISAmended Compromise and Release AgreementRescinded OrderTrial Level

References

Case No. EUR 0038527

Regular

Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness

References

Case No. EUR 0038452

Regular

Jun 27, 2008

IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's Hepatitis C claim was not time-barred. The Board determined that the applicant knew or should have known her Hepatitis C was work-related by September 1993, based on medical records and her own testimony, establishing the date of injury. Consequently, the Board ruled her claim, filed in 2004, was barred by the five-year statute of limitations (Labor Code § 5410) as it was filed well after the 1998 deadline.

Hepatitis CNurseNeedle stick injuryDate of injuryStatute of LimitationsLabor Code Section 5412Labor Code Section 5410Medical treatmentDisabilityKnowledge of causation

References

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MICHELLE WELLS vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

WCABLegally UninsuredAdjusting AgencyOrder Changing VenuePresiding Workers' Compensation JudgeRecusedAppeals Board Rule 10453Sacramento District OfficeAssignmentApplicant

Bill Chilcutt vs. HINTZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND EUREKA

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerPetition to ReopenGood CauseFive-Year Limitation

, C. AND J. RANDY LINGARD vs. EUREKA CITY SCHOOL DISTRICT, PACIFIC EMPLOYERS INSURANCE, by ESIS CHATSWORTH

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJPacific Employers Insurance GroupACE USAESISAmended Compromise and Release AgreementRescinded OrderTrial Level

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE

Hepatitis CNurseNeedle stick injuryDate of injuryStatute of LimitationsLabor Code Section 5412Labor Code Section 5410Medical treatmentDisabilityKnowledge of causation