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Case Law Database

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

Case No. ADJ1778830 (STK 0204284)

Regular

Jun 25, 2013

JOSE DAVILLA vs. GOLDEN STATE COLLISION CENTERS, TRUCK INSURANCE EXCHANGE

This case concerns Jose Davila's petition for reconsideration after the Workers' Compensation Appeals Board (WCAB) denied his claim for increased benefits under Labor Code section 132a. Davila argued his employer, Golden State Collision Centers, improperly terminated him due to his work-related injury. The WCJ found Davila failed to establish a prima facie case of discrimination, as his termination was for failing to provide requested FMLA paperwork, a policy applied uniformly to all employees regardless of injury status. Furthermore, the employer credibly testified they were unaware of the work-related injury until after Davila's termination. Consequently, the WCAB adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJCredibilityAssistant PainterDate of InjuryFMLA paperworkDiscriminationDetrimental Consequence

References

Case No. ADJ11369357, ADJ11369329

Regular

May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician

References

Case No. ADJ7082822

Regular

Nov 27, 2013

LAVERN WILSON vs. COUNTY OF RIVERSIDE

This case concerns Lavern Wilson's claim for additional temporary disability benefits against the County of Riverside. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant failed to prove her entitlement to benefits. The WCAB determined that a key medical report was not substantial evidence because it was based on an incomplete medical history provided by the applicant, specifically regarding her employment and prior accidents. Furthermore, the WCAB upheld the judge's credibility determination regarding another witness, finding no basis to overturn it.

Petition for ReconsiderationFinding of Fact and Ordertemporary disability benefitssubstantial evidencemedical reportsQualified Medical Evaluationinadequate medical historycredibilitysupervising social workerdemeanor of witnesses

References

Case No. ADJ7250315

Regular

Feb 14, 2020

ROBYN ARIAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a correctional officer's cumulative trauma claim. The employer sought reconsideration, arguing the cumulative trauma ended on July 8, 2014, as the applicant allegedly sustained no disability prior to that date. However, the Board denied reconsideration, affirming the WCJ's finding that the applicant experienced disability earlier due to chemotherapy for non-Hodgkins lymphoma. This disability, occurring from February 2007 to February 2008, establishes the injury's cumulative trauma period under Labor Code section 5412.

Cumulative traumaCorrectional officerLumbar spine injuryPsyche injuryNon-Hodgkins LymphomaPermanent disability indemnityCompensable consequence injuryLabor Code section 5412Date of injuryCumulative injury end date

References

Case No. ADJ10032594

Regular

Sep 17, 2018

Donald Kramer vs. Insperity Support Services, ACE American Insurance

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an approved compromise and release settlement. The Board found the petition premature, as the applicant seeks to set aside a prior order based on allegations of fraud and unlawful termination. These claims require a hearing at the trial level to present evidence, rather than immediate appellate review. The Board treated the petition as a request to set aside the settlement and remanded it for a hearing to create a record for further adjudication.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseFraudUnlawful TerminationFMLA RightsDefective ServicePetition to Set AsideGood Cause

References

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JOSE DAVILLA vs. GOLDEN STATE COLLISION CENTERS, TRUCK INSURANCE EXCHANGE

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJCredibilityAssistant PainterDate of InjuryFMLA paperworkDiscriminationDetrimental Consequence

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

LAVERN WILSON vs. COUNTY OF RIVERSIDE

ROBYN ARIAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

Donald Kramer vs. Insperity Support Services, ACE American Insurance