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Case Law Database

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

Case No. ADJ4681761

Regular

Feb 16, 2010

GEOFFREY MALINE vs. COUNTY OF SAN BERNARDINO

This case concerns an applicant's admitted industrial injury in May 2003, which the defendant sought to limit. The defendant contested findings that the injury extended to the applicant's right shoulder and left upper extremity, and that it caused additional temporary disability and 40% permanent disability. The Workers' Compensation Appeals Board denied reconsideration, finding the opinion of Dr. Hunt, one of the applicant's treating physicians, constituted substantial evidence supporting these findings. Dr. Hunt's detailed opinions on the injury's extent, the need for ongoing treatment, and the applicant's temporary and permanent disability were persuasive, particularly given later diagnostic findings.

Workers' Compensation Appeals BoardGeoffrey MalineCounty of San BernardinoFindings and Awardtemporary disabilitypermanent disabilityorthopedic surgeontreating physicianindustrial injuryprobation officer

References

Case No. ADJ4151507 (SFO 0487197)

Regular

Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine

References

Case No. ADJ9903173

Regular

Nov 10, 2016

MARCIA MALINE vs. VAL VERDE UNIFIED SCHOOL DISTRICT, KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a prior order denying her claim based on the statute of limitations. The Board found that the applicant's proffered new evidence was improperly submitted without an offer of proof, failing to meet the requirements of Labor Code section 5903(d). Consequently, the applicant's petition was denied for the reasons stated in the prior order and for this procedural deficiency.

WCABPetition for ReconsiderationStatute of LimitationsLabor Code 5405Labor Code 5412Credibility DeterminationsWCJFindings and OrderCumulative Trauma InjuryNewly Discovered Evidence

References

Case No. ADJ7818378 ADJ8556286

Regular

Nov 06, 2017

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved Attorney Kyle Nielsen's petition to disqualify Workers' Compensation Judge Geoffrey H. Sims, alleging bias. Nielsen cited the judge's fee award ruling, decision to set a trial, misspelling of his name, and order for personal appearance as evidence of bias. The Workers' Compensation Appeals Board denied the petition, finding no grounds for disqualification. The Board noted the petition lacked a required affidavit and that the cited actions did not demonstrate actual bias or prejudice.

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration

References

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GEOFFREY MALINE vs. COUNTY OF SAN BERNARDINO

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine

MARCIA MALINE vs. VAL VERDE UNIFIED SCHOOL DISTRICT, KEENAN AND ASSOCIATES

WCABPetition for ReconsiderationStatute of LimitationsLabor Code 5405Labor Code 5412Credibility DeterminationsWCJFindings and OrderCumulative Trauma InjuryNewly Discovered Evidence

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration