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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. ADJ7014186
Regular
Apr 08, 2013

JESSIE KENLAW vs. HOUSTON COMETS, FEDERAL INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an injury sustained by Jessie Kenlaw, a coach, while employed by the Houston Comets. The defendant argued that California jurisdiction was improper as the applicant was not a resident, the contract was outside California, and the injury did not occur within the state. The WCAB affirmed the administrative law judge's finding of jurisdiction, determining that the applicant's work activities in California, though temporary, were a contributing cause of her cumulative trauma injury. The Board found sufficient evidence of these California-based activities and their causal link to the injury, rejecting the defendant's argument that de minimis exposure negates jurisdiction.

Workers' Compensation Appeals Boardcumulative traumaindustrial injuryjurisdictionextraterritorial jurisdictionLabor Code section 3600.5(b)date of injurycompensable disabilitycontributing causeAgreed Medical Examiner
References
Case No. ADJ8061000
Regular
Jan 23, 2014

KENNETH KENNARD vs. HOUSTON OILERS, TIG SPECIALTY INSURANCE, ZENITH INSURANCE COMPANY

In *Kennard v. Houston Oilers*, the Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration. This dismissal was due to the petitioner's withdrawal of the reconsideration request. The original decision, which the reconsideration sought to challenge, was issued on November 13, 2013. The Board's order formally recorded this dismissal.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ8061000Santa Ana District OfficeNovember 13 2013Houston OilersTIG Specialty InsuranceZenith Insurance Company
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. 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. ADJ6814425
Regular
Apr 23, 2012

JIMMY WILLIAMS vs. SAN FRANCISCO 49ers; TIG INSURANCE COMPANY Administered By RISK ENTERPRISE MANAGEMENT LIMITED; SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY THE TRAVELERS INDEMNITY COMPANY; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC; NEW ORLEANS SAINTS; LOUISIANA WORKERS' COMPENSATION CORPORATION; SEATTLE SEAHAWKS; PSI; HOUSTON TEXANS; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC.

In this Workers' Compensation Appeals Board case, applicant Jimmy Williams' Petition for Removal has been denied. The order signifies the Board's decision not to further review or remove the case from its current proceedings. The specific grounds for denial are not detailed in this excerpt. The decision was issued by the Workers' Compensation Appeals Board on April 23, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardSan Francisco 49ersTIG Insurance CompanyRisk Enterprise Management LimitedGulf Insurance CompanyThe Travelers Indemnity CompanyBerkeley Specialty Underwriting Managers LLCNew Orleans SaintsLouisiana Workers' Compensation Corporation
References
Case No. ADJ7802502
Regular
Feb 08, 2017

ABRAHAM CHIMAL vs. MENZIES AVIATION, GALLAGHER BASSETT SERVICES, INC.

This case concerns whether California has jurisdiction over a workers' compensation claim. The defendant argued against California jurisdiction, citing applicant's termination and reapplication for employment in Texas. However, the Board denied the petition for reconsideration, upholding the WCJ's finding that California jurisdiction and law apply. The Board found substantial evidence of continuous employment, with the applicant hired in California and returning there.

JurisdictionCalifornia lawWorkers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactContinuous employmentTransferTermination formHoustonTexas
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. ADJ7684339
Regular
Apr 28, 2014

CARL GREENWOOD vs. GREEN BAY PACKERS, ZURICH INSURANCE COMPANY, HOUSTON THUNDERBEARS, TRAVELERS

The Workers' Compensation Appeals Board granted removal to join the Houston Thunderbears and their insurer Travelers as defendants. This decision rescinded the prior denial of joinder, finding that the Thunderbears had previously appeared and accepted coverage for the applicant's cumulative injury claim. The Board determined that joinder was appropriate to ensure due process and judicial economy, especially given allegations of the applicant working in California during their last year of injurious exposure with the Thunderbears. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalJoinder of DefendantCumulative InjuryJurisdictionInjurious ExposureParty DefendantInsurerDue ProcessJudicial Economy
References
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