Updated Daily

Case Law Database

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

Case No. ADJ3401110 (RDG 0077725) ADJ1171761 (RDG 0076230)

Regular

Jul 17, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board (WCAB) dismissed Harold Houston's petition for reconsideration against the City of Redding. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), finding no grounds for reconsideration. The petition was also dismissed as a petition for removal due to no pending challengeable order and a request for WCJ disqualification was denied for lack of grounds.

Petition for ReconsiderationDismissalRemovalDisqualificationWCJ biasWorkers' Compensation Appeals BoardAdministrative Law JudgeCity of ReddingHarold HoustonHanna Brophy

References

Case No. ADJ1171761 (RDG 0076230) ADJ3401110 (RDG 0077725)

Regular

Dec 10, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board granted the City of Redding's petition for reconsideration regarding a prior award of medical mileage reimbursement to Harold Houston. While affirming the award of medical mileage, the Board amended the Findings of Fact to clarify that no past interest is due. Interest on the medical mileage will only accrue from the date the amount becomes determined and payable, as per Labor Code section 5800. The case was returned to the trial level for further proceedings to determine the specific amount owed.

Workers' Compensation Appeals BoardCity of ReddingHarold HoustonPetition for ReconsiderationFindings Award and OrderCompromise & Releasemedical mileagefuture medical treatmentLabor Code section 5800accrued interest

References

Case No. ADJ1564893 (OAK 0326092)

Regular

Mar 29, 2010

Harold Ott vs. KOHL'S DEPARTMENT STORE, LIBERTY INSURANCE CORPORATION

This case involves Harold Ott's claim for a psychiatric injury following a physical injury at Kohl's Department Store, where he had been employed for less than six months. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying the psychiatric claim. This denial was based on Labor Code section 3208.3(d), which requires at least six months of employment for psychiatric injury claims unless caused by a "sudden and extraordinary employment condition." The WCAB found that while the box falling on the applicant was sudden, it was not extraordinary, citing testimony that boxes falling was not uncommon in the store's operations. Therefore, the psychiatric injury claim was barred.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment ruleadmitted industrial injuryconsequential psychiatric injurycompensabilityworkers' compensation judgeWorkers' Compensation Appeals Boardreconsideration

References

Case No. ADJ4350794

Regular

Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547

References

Case No. ADJ7963742

Regular

May 01, 2018

JAMES MCDONALD vs. HAROLD HUTCHENS AND DORICA ANDERSON,INDIVIDUALS, HAL, HUTCHINS, HAROLD HUTCHENS AND DORICA ANDERSON INDIVIDUALS; INTERCARE

The Workers' Compensation Appeals Board denied reconsideration of an amended findings and award. The applicant sustained an industrial injury to his right leg while employed by the defendants. The defendants contended the applicant was not their employee and did not meet the 52-hour threshold for residential employees. The Board found the WCJ's determination that the applicant exceeded 52 hours of work was supported by substantial evidence, despite conflicting witness testimony. Additionally, the defendants failed to prove the applicant was employed by a third party rather than them.

Labor Code section 3351(d)Labor Code section 3352(h)residential employee52-hour thresholdindependent contractorindustrial injurypetition for reconsiderationWCJcredibility determinationcontradictory testimony

References

Case No. ADJ1229365 (SBR 0302024) ADJ4532708 (SBR 0297673)

Regular

Jun 17, 2011

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision barring a lien claim from Arrowback Medical Group (AMG). The WCAB found that while AMG's delay in prosecuting its lien claim was not ideal, the defendant, County of San Bernardino, failed to prove prejudice. The stipulated awards in the underlying workers' compensation cases acknowledged AMG's lien and agreed to address it on the merits. Therefore, the case is returned for further proceedings and a new decision on the lien claim.

LachesReconsiderationLien ClaimStipulated AwardPermanent DisabilityFuture Medical TreatmentMedical-Legal ExpensesPrejudiceUnreasonable DelayJurisdiction Reserved

References

Case No. ADJ1229365 (SBR 0302024)

Regular

Jan 31, 2012

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the defendant requested it, and the Board needs more time to fully study the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision. All further filings in this matter must be sent directly to the WCAB's San Francisco office and not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationCounty of San BernardinoPermissibly Self-InsuredLien ClaimantArrowback Medical GroupHarold HansenOpinion and OrderStatutory Time Constraints

References

Case No. ADJ1564893

Regular

Oct 27, 2009

HAROLD OTT vs. KOHL'S DEPARTMENT STORE, LIBERTY MUTUAL INSURANCE

Reconsideration granted to allow further study of factual and legal issues. Decision After Reconsideration pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the Commissioners

References

Case No. ADJ7252193

Regular

Jun 18, 2012

HAROLD EDDY vs. APEX PAINTING COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to a fundamentally flawed record and unclear findings. The Board found numerous errors, including an incorrect temporary disability rate, inconsistent findings on treatment provision, and an unclear basis for penalties and sanctions. The case is remanded to the trial level for further proceedings and a new decision by the WCJ, emphasizing the need for a clarified record and specific evidence supporting any future findings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryTemporary Disability IndemnityLabor Code Section 4661.5Medical TreatmentUnreasonable DelayBad FaithAttorney's Fees

References

Case No. ADJ878224

Regular

Jan 28, 2009

HAROLD THOMPSON vs. CANOGA PARK BOWL, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Supplemental Findings and Award that determined 91.5% permanent disability after apportionment. The applicant argued that agreed medical evaluators and treating physicians opined total permanent disability, and disputed payment of a medical report. The Workers' Compensation Appeals Board granted reconsideration solely to amend a finding regarding Labor Code section 5811 costs, deferring that issue. The Board affirmed the original award of 91.5% permanent disability.

WORKERS' COMPENSATION APPEALS BOARDSupplemental Findings and Awardnew and further disabilitypermanent disability after apportionmentagreed medical evaluatorsLe Beeur witnesstotal permanent disabilityLabor Code section 5811 costsdefer issuegrant reconsideration

References

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Updated Daily

Case Law Database

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

Case No. ADJ3401110 (RDG 0077725) ADJ1171761 (RDG 0076230)

Regular

Jul 17, 2012

HAROLD HOUSTON vs. CITY OF REDDING

Petition for ReconsiderationDismissalRemovalDisqualificationWCJ biasWorkers' Compensation Appeals BoardAdministrative Law JudgeCity of ReddingHarold HoustonHanna Brophy

References

Case No. ADJ1171761 (RDG 0076230) ADJ3401110 (RDG 0077725)

Regular

Dec 10, 2012

HAROLD HOUSTON vs. CITY OF REDDING

References

Case No. ADJ1564893 (OAK 0326092)

Regular

Mar 29, 2010

Harold Ott vs. KOHL'S DEPARTMENT STORE, LIBERTY INSURANCE CORPORATION

References

Case No. ADJ4350794

Regular

Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

References

Case No. ADJ7963742

Regular

May 01, 2018

JAMES MCDONALD vs. HAROLD HUTCHENS AND DORICA ANDERSON,INDIVIDUALS, HAL, HUTCHINS, HAROLD HUTCHENS AND DORICA ANDERSON INDIVIDUALS; INTERCARE

References

Case No. ADJ1229365 (SBR 0302024) ADJ4532708 (SBR 0297673)

Regular

Jun 17, 2011

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

LachesReconsiderationLien ClaimStipulated AwardPermanent DisabilityFuture Medical TreatmentMedical-Legal ExpensesPrejudiceUnreasonable DelayJurisdiction Reserved

References

Case No. ADJ1229365 (SBR 0302024)

Regular

Jan 31, 2012

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

References

Case No. ADJ1564893

Regular

Oct 27, 2009

HAROLD OTT vs. KOHL'S DEPARTMENT STORE, LIBERTY MUTUAL INSURANCE

Reconsideration granted to allow further study of factual and legal issues. Decision After Reconsideration pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the Commissioners

References

Case No. ADJ7252193

Regular

Jun 18, 2012

HAROLD EDDY vs. APEX PAINTING COMPANY, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryTemporary Disability IndemnityLabor Code Section 4661.5Medical TreatmentUnreasonable DelayBad FaithAttorney's Fees

References

Case No. ADJ878224

Regular

Jan 28, 2009

HAROLD THOMPSON vs. CANOGA PARK BOWL, STATE COMPENSATION INSURANCE FUND

References

Showing 1-10 of 18 results

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