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

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 The Board rescinded the prior Findings and Award and approved the settlement.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. 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. 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. ADJ3003263 (LBO 0367438) ADJ1856297 (LBO 0367437) ADJ462312 (LBO 0374572)
Regular
Aug 27, 2012

Dennis King vs. LA County Fire Department, INTERCARE Insurance Services

The applicant sought reconsideration of an incomplete workers' compensation award for injuries sustained as a firefighter. The judge issued an interim award, failing to make final findings on permanent disability from skin injury and eligibility for a 15% increase in benefits under Labor Code section 4658. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further medical record development concerning the skin injury. The Board also directed the judge to fully determine the applicant's entitlement to increased benefits under LC 4658, considering the applicant's retirement status and intent to continue working.

Workers Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityLabor Code Section 4658Increased BenefitsWhole Person ImpairmentMedical Record DevelopmentInterim AwardFindingsAward and Order
References
Case No. ADJ137248 (MON 0283474)
Regular
May 21, 2009

GARY BYRNES vs. KAR INVESTMENTS, INC., dba RIGOLI FIRE EXTINGUISHER, SIMPLEX GRINNELL, dba RIGOLI FIRE EXTINGUISHER, KURT REXIUS

This case involves an applicant's Labor Code section 132a discrimination claim against KAR Investments, Inc. (dba Rigoli Fire Extinguisher) and its successor, Simplex Grinnell. The WCAB rescinded a prior finding that barred the applicant from pursuing Simplex due to a statute of limitations issue. The Board ordered Kurt Rexius, the sole shareholder of KAR, joined as a necessary party defendant for full adjudication. The matter is returned to the trial level to determine if discrimination occurred and who is liable.

Workers' Compensation Appeals BoardKAR InvestmentsInc.Rigoli Fire ExtinguisherSimplex GrinnellKurt RexiusLabor Code section 132asuccessor-in-intereststatute of limitationreconsideration
References
Case No. VEN 0115536
Regular
Aug 04, 2008

ROBERT FROELICH vs. CONTRACTORS LABOR POOL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCATION, RELIANCE NATIONAL INSURANCE CO., GM NORTHROP CORP., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

This case concerns a dispute over workers' compensation liability following an industrial injury sustained by an employee who was a general employee of Contractors Labor Pool (insured by insolvent Reliance) and a special employee of GM Northrup Corp. The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding, determining that National Fire Insurance Company's policy for GM Northrup Corp. constituted "other insurance." Consequently, National Fire Insurance Company is now liable for the applicant's benefits, and the California Insurance Guarantee Association is not liable as the claim is not a "covered claim."

CIGAReliance National InsuranceNational Fire Insurance Companycovered claimsother insurancegeneral employerspecial employerjoint and several liabilitypolicy constructionInsurance Code section 1063.1
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. 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. ADJ7214041
Regular
Jan 23, 2013

STEPHEN SHELDON vs. BUTTE COUNTY FIRE

The Workers' Compensation Appeals Board dismissed Butte County Fire's Petition for Reconsideration. The Board found the petition was improperly filed because it was directed at an interim order returning the case to the trial level for further development of the medical record. Such an order is not a "final" order that determines substantive rights or liabilities, and therefore is not subject to reconsideration. The substantive arguments of the petition were not addressed due to this procedural defect.

WCABPetition for ReconsiderationFinal OrderGrant ReconsiderationRescinded DecisionFurther DevelopmentMedical RecordBurden of ProofIndustrial InjurySubstantive Right
References
Case No. ADJ1760143
Regular
Aug 12, 2010

JAMES FREDRICKSON vs. FOSTER LUMBER YARD, HARTFORD FIRE INSURANCE COMPANY, SEDGWICK CMS a.k.a. SEDGWICK SACRAMENTO

This order denies reconsideration of a Workers' Compensation Appeals Board decision. The Board adopted the WCJ's report as the basis for denial. The Board also retroactively deemed the petition timely filed due to administrative oversight preventing earlier review. The petition for reconsideration is therefore denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeLab. Code§ 5909Due ProcessTimely FiledShipley v. WCABState Farm Fire and Casualty v. WCAB (Felts)Denial of Reconsideration
References
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