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Case No. ADJ10728990

Regular

Jul 25, 2025

XYZ ADJ10728990 vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), Legally Uninsured, Administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a WCJ's decision denying XYZ ADJ10728990's claim of industrial injury (HIV/AIDS) sustained as a caregiver/dialysis technician. The applicant had sought reconsideration, arguing for more time to develop the evidentiary record. The Board adopted the WCJ's report, which relied on the Qualified Medical Evaluator's opinion. The QME concluded that the timeline of the applicant's AIDS diagnosis in May 2015 indicated the HIV infection occurred many years prior, thus precluding the claimed employment period (August-December 2013) as the cause, rendering further discovery on the patient's HIV status irrelevant.

Workers' Compensation Appeals BoardIHSSLegally UninsuredYork Risk Services GroupPetition for ReconsiderationWCJFindings of Fact and Orderindustrial injuryAcquired Immune Deficiency SyndromeAIDS

References

Case No. ADJ9006861

Regular

Mar 08, 2017

ROBERT MORGAN (Deceased), CELIA MORGAN vs. NATIONAL STEEL AND SHIPBUILDING COMPANY, CAMPBELL INDUSTRIES, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns defendant NASSCO's petition for removal regarding discovery of the deceased applicant's HIV/AIDS medical records. The WCAB denied removal, affirming the WCJ's order, finding the records irrelevant to the claimed asbestos exposure and subsequent death. The majority held that California Civil Code § 56.31 requires authorization for HIV/AIDS information unless directly related to an employment exposure incident of HIV/AIDS, which was not alleged here. Commissioner Razo dissented, arguing that the records could be relevant to causation and that privacy concerns could be addressed with protective orders.

Petition for RemovalFindings & OrderHIV/AIDSmedical recordsdiscoveryindustrial injurylungsrespiratory systemdeath benefitsasbestos exposure

References

Case No. AHM 0123957

Regular

Jan 07, 2008

CHRISTOPHER L PREVATT vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The Board affirmed that the applicant sustained a psychiatric injury predominantly caused by actual employment events, specifically a retaliatory reassignment. Furthermore, the Board found the employer failed to establish that the reassignment was a lawful, nondiscriminatory, or good faith personnel action.

Psychiatric injuryPredominant causeLawful personnel actionNondiscriminatoryGood faithReassignmentTB ProgramHIV+RetaliatoryOffice of Compliance

References

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XYZ ADJ10728990 vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), Legally Uninsured, Administered by YORK RISK SERVICES GROUP, INC.

Workers' Compensation Appeals BoardIHSSLegally UninsuredYork Risk Services GroupPetition for ReconsiderationWCJFindings of Fact and Orderindustrial injuryAcquired Immune Deficiency SyndromeAIDS

ROBERT MORGAN (Deceased), CELIA MORGAN vs. NATIONAL STEEL AND SHIPBUILDING COMPANY, CAMPBELL INDUSTRIES, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Petition for RemovalFindings & OrderHIV/AIDSmedical recordsdiscoveryindustrial injurylungsrespiratory systemdeath benefitsasbestos exposure

CHRISTOPHER L PREVATT vs. COUNTY OF ORANGE

Psychiatric injuryPredominant causeLawful personnel actionNondiscriminatoryGood faithReassignmentTB ProgramHIV+RetaliatoryOffice of Compliance