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

Case No. ADJ7744103, ADJ7580182 (MF)
Regular
May 05, 2014

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. While finding no permanent disability from the applicant's industrial foot injury, the Board determined that the applicant did sustain industrial injury in the form of a fungal foot infection and bilateral foot sprain. The Board disagreed with the trial judge's finding of no industrial injury and clarified that Dr. McCoy's opinion, not Dr. Panting's, constituted substantial evidence regarding the nature of the industrial injury. Issues of temporary disability and further medical treatment were deferred to the trial level for further decision.

AOE/COEPetition for ReconsiderationFindings and OrderAgreed Medical ExaminerPanel Qualified Medical ExaminationSubstantial EvidenceMedical ProbabilityOsteonecrosisFreiberg's infractionFungal foot infection
References
Case No. MON 0313437 MON 0313438
Regular
Feb 19, 2008

FRANK ARUJO vs. CITY OF LOS ANGELES, POLICE DEPARTMENT

This case involves the City of Los Angeles Police Department seeking reconsideration of a finding that the 1997 Workers' Compensation rating schedule applies to an applicant's July 2002 right foot injury. The WCAB denied reconsideration, upholding the WCJ's decision that proper notice was required for the earlier injury, thus necessitating the older rating schedule. The Board also affirmed that separate evaluations are needed for each of the applicant's two distinct foot injuries to ensure accurate permanent disability determination and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Interim Findings and OrderIndustrial InjuryPolice OfficerRight Foot InjuryLeft Foot Injury1997 Rating Schedule2005 Rating ScheduleLabor Code Section 4061
References
Case No. ADJ1577836
Regular
May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.
References
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
Case No. MON 297119
Regular
Apr 01, 2008

EDMUND BURNS, Jr. vs. CITY OF LOS ANGELES

This case concerns a police officer who sustained an industrial injury to his right foot after stepping on a foreign object, which, due to his pre-existing diabetes, led to a gangrenous infection and amputation. The defendant argued for apportionment of the permanent disability to the applicant's diabetes, but the Appeals Board affirmed the WCJ's decision. The medical evidence indicated that the amputation would not have occurred absent the industrial injury, thus establishing industrial causation for the entire permanent disability.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentPre-existing DiabetesCausationEscobedo v. MarshallsSenate Bill 899Qualified Medical ExaminerTreating Physician
References
Case No. ADJ7024577, ADJ7293354
Regular
Dec 11, 2018

Dores Ham vs. State of California, Department of Hospitals - Vacaville

This case concerns the apportionment of permanent disability for a left foot amputation resulting from MRSA infection. The applicant sustained an injury while employed, and the defendant argued that the applicant's pre-existing diabetes should be apportioned as a contributing factor to the permanent disability. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's finding that the Agreed Medical Examiner's apportionment opinions were not substantial evidence. The majority concluded that the physicians' opinions were based on incorrect legal theories regarding apportionment and that the defendant failed to meet its burden of proof.

Workers' Compensation Appeals BoardMRSApartial amputationleft footorthopedic AMEapportionmentpermanent disabilitydiabetesnon-industrialindustrial injury
References
Case No. ADJ2308109 (OAK 0275439) ADJ01058712 (OAK 0275438)
Regular
Apr 29, 2011

LINDA BURT-FOSS vs. CHILDREN'S FAIRYLAND, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for a zoo keeper injured in 1999. The applicant sustained a left foot and ankle injury that led to a Charcot foot condition, resulting in total permanent disability. The defendant argued for apportionment of disability, citing a medical opinion suggesting pre-existing conditions contributed to the Charcot foot. However, the Board affirmed the applicant's total permanent disability, finding the industrial injury was a contributing cause and therefore not subject to apportionment. The Board also found that the defendant waived issues regarding the overlap of disabilities from prior knee injuries by failing to raise them in their petition for reconsideration.

Workers' Compensation Appeals BoardJoint Findings and AwardReconsiderationPermanent Total DisabilityApportionmentAgreed Medical EvaluatorCharcot footIndustrial InjuryInciting EventCompensable Consequence
References
Case No. LBO 0370243
Regular
May 19, 2008

JOEL GRIMALDO vs. ABBEY EVENT SERVICES / STELLAR EVENT \& PRESENTATION, AMERICAN HOME INSURANCE, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and reversed a previous finding, ruling that the applicant's diabetes was not industrially caused. While the applicant sustained an admitted industrial injury to his left foot, the Board found substantial medical evidence indicating his diabetes was a pre-existing condition that complicated the foot injury rather than being caused by it. Consequently, the decision was amended to exclude diabetes as an industrial injury.

Workers' Compensation Appeals Boardindustrial injurydiabetesfoot injuryosteomyelitisamputationcausationmedical evidencereconsiderationapportionment
References
Case No. ADJ8411201
Regular
Feb 04, 2014

EMMETT MARSHALL vs. BREWER CORPORATION, NATIONAL UNION FIRE INSURANCE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding industrial injury to the applicant's left foot and back, with temporary disability and future medical treatment. While affirming the injury to the left foot, the WCAB rescinded the finding of back injury. The temporary disability rate was also amended to reflect the statutory maximum of $1,074.64 per week, from the previously awarded $1,126.06. The decision otherwise affirmed the original findings.

Petition for ReconsiderationFindings and AwardPile DriverIndustrial InjuryLeft FootTemporary DisabilityMaximum Wage EarnerMedical TreatmentTallahassee Orthopedic ClinicWorkers' Compensation Appeals Board
References
Case No. ADJ8689638
Regular
Dec 01, 2016

AVI AZOULAY vs. CITY OF ORANGE, YORK SERVICES

The Appeals Board denied the defendant's Petition for Reconsideration, upholding its prior decision that applicant Avi Azoulay sustained an industrial injury. The Board found that Azoulay's bacterial infection, which spread to his bloodstream from his colon, qualified as a "blood-borne infectious disease" under Labor Code section 3212.8. This presumption of industrial causation applied despite the infection originating internally, as the statute's language and purpose encompass such conditions. Consequently, the defendant failed to overcome the presumption and provide evidence that the condition existed prior to employment.

Labor Code section 3212.8presumption of industrial causationblood-borne infectious diseasejuvenile correction officerPetition for Reconsiderationbacterial infectionpathogenic microorganismsanti-attribution clausedivericulitisscar
References
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