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

Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
Case No. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
Case No. ADJ6892644
Regular
Nov 23, 2016

William Davis, III vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, William Davis III, claiming cumulative trauma injury to his nervous and respiratory systems due to exposure to fire retardant. The applicant sought reconsideration of a "take nothing" order, arguing entitlement to a statutory presumption of industrial causation under Labor Code section 3212.85. The Workers' Compensation Appeals Board affirmed the prior order, denying reconsideration. The Board found that the applicant failed to establish the applicability of the presumption because the fire retardant was not a "biochemical substance" as defined for weapons of mass destruction, and even if it were, the presumption was rebutted by the Agreed Medical Examiner's opinion attributing the applicant's condition to an infectious process rather than occupational exposure.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative TraumaFirefighterDepartment of Forestry and Fire ProtectionLabor Code Section 3212.85Presumption of Industrial CausationAgreed Medical Examiner (AME)Dr. Robert HarrisonToxic Exposure
References
Case No. ADJ7651682
Regular
Apr 18, 2016

DEAN MCLAUGHLIN vs. HESPERIA FIRE PROTECTION DISTRICT, CITY OF HESPERIA, COUNTY OF SAN BERNARDINO

This case involves a firefighter's workers' compensation claim for prostate cancer and related conditions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the permanent disability indemnity rate from $270.00 to $230.00 per week, as agreed by the parties and the WCJ. The WCAB affirmed the original finding that the City of Hesperia was liable for Labor Code section 4850 benefits, despite the City's argument that the applicant's employment had terminated prior to the disability period. This decision corrects a statutory error in the indemnity rate while upholding the employer's responsibility for benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLabor Code Section 4850Temporary Total DisabilityPermanent DisabilityFire CaptainProstate CancerErectile DysfunctionUrinary Incontinence
References
Case No. MON 313615; MON 312443; MON 315655; MON 315656
Regular
Sep 11, 2007

BRUCE BALBIRNIE vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of 74% permanent disability for the applicant fire captain. The Board found that the defendant employer failed to meet its burden of proof to demonstrate overlap with prior awards, citing that prior awards lacked specific work restrictions and applied to different body parts. The Court affirmed that the employer must prove the extent of overlap between prior and current disabilities to justify apportionment.

Workers' Compensation Appeals BoardReconsideration DeniedFire CaptainIndustrial InjuryInternal OrgansHypertensionCervical SpineLumbosacral SpineRight KneeHearing Loss
References
Case No. ADJ10442272
Regular
Oct 08, 2018

KENNETH EDDY vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained a prostate cancer injury arising out of employment as a fire captain. The administrative law judge found the injury caused 36% permanent disability, payable at $290 per week. The defendant sought reconsideration, arguing the rate should be $160 per week. The Workers' Compensation Appeals Board denied reconsideration because the defendant had previously stipulated to the $290 per week indemnity rate during trial without showing good cause to withdraw from the agreement.

Workers' Compensation Appeals BoardKenneth EddyCalifornia Department of ForestryState Compensation Insurance Fundprostate cancerpermanent disabilityindemnity ratestipulationgood causeWCAB Rule 10561
References
Case No. ADJ7702084
Regular
Jan 23, 2012

WILLIAM BRAGA vs. CITY OF SEBASTOPOL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns whether the City of Sebastopol is entitled to a 15% reduction in permanent disability payments to William Braga, a fire captain who sustained hearing loss. The defendant argues this reduction is permissible under Labor Code section 4658(d)(3)(A) because they offered Braga regular work. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding the statute inapplicable because Braga lost no time from work and continued his regular duties. The WCAB reasoned that Labor Code section 4658(d) is intended to incentivize employers to return injured workers to employment, a purpose not served when the employee never stopped working.

Workers Compensation Appeals BoardCity of SebastopolRedwood Empire Municipal Insurance FundFindings and AwardPetition for ReconsiderationFire CaptainCumulative PeriodHearing LossPermanent DisabilityScheduled Rate
References
Case No. ADJ11329391, ADJ13022586
Regular
Dec 11, 2020

Richard Mancha vs. California Department of Forestry and Fire Prevention, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, Richard Mancha, who claimed injury to his heart, memory, and cognitive abilities. Both the applicant and the defendant Department of Forestry and Fire Prevention appealed an earlier award. After reconsideration, the parties reached a Compromise and Release agreement for $150,000, which the Board found adequate and in the applicant's best interest. The Board rescinded the prior Findings and Award and approved the settlement.

Workers' Compensation Appeals BoardRichard ManchaCalifornia Department of Forestry and Fire PreventionLegally UninsuredState Compensation Insurance FundADJ11329391ADJ13022586Opinion and Decision After Reconsiderationapparatus/engineer fire fighterheart trouble presumption
References
Case No. ADJ11408219 ADJ10230973 ADJ8720775 ADJ11048512
Regular
Jul 08, 2019

DAVE PIERSON vs. CITY OF FAIRFIELD FIRE DEPARTMENT

The Appeals Board granted removal and rescinded the WCJ's order allowing further discovery from Dr. McHenry. The Board held that an employee is not required to return to a previous agreed medical evaluator for subsequent injury claims, citing their en banc decision in *Navarro*. Labor Code section 4062.2 exclusively governs medical-legal evaluations, and Dr. McHenry lacked status in the current claims as he was neither an agreed nor panel qualified medical evaluator. The matter was returned to the trial level for discovery consistent with statutory requirements.

Petition for RemovalAgreed Medical EvaluatorPanel Qualified Medical EvaluatorLabor Code section 4062.2Labor Code section 3212Navarro v. City of MontebelloRescind OrderReturn to Trial LevelIndustrial InjuryFire Captain
References
Case No. ADJ11364300
Regular
May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer
References
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