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Case Law Database

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

Case No. ADJ6682947
Regular
Nov 13, 2015

GARY WOLFE vs. TRI-SIGNAL INTEGRATION, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Board affirmed the WCJ's decision to reopen the case, finding that the applicant sustained "new and further disability" within five years of his 2007 industrial injury. This new disability was identified as injury to the gastrointestinal system, specifically hemorrhoids, necessitating further medical treatment. The Board also clarified the applicant's permanent disability rating as 75% and awarded indemnity. Defense counsel's procedural objection regarding the applicant's attorney was deemed waived.

Petition to ReopenNew and Further DisabilityGood Cause to ReopenStiipulated AwardPermanent DisabilityMedical TreatmentGastrointestinal SystemHemorrhoidsFive-Year PeriodLabor Code Section 5410
References
9
Case No. ADJ9785802
Regular
Aug 16, 2017

Edix PORTILLO vs. BRIMCO, LLC, AIG, administered by HELMSMAN MANAGEMENT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the WCJ's Findings of Fact. The applicant sought reconsideration of the finding that he did not sustain injury arising out of and in the course of employment (AOE/COE) for his right foot, constipation, IBS, and internal/external hemorrhoids. The Board adopted the WCJ's reasoning, finding that the medical evidence supporting the applicant's claims was speculative. Specifically, the applicant's chosen physician's opinions were considered less credible than those of the employer-appointed QMEs, who found no substantial medical issues.

AOE/COEPetition for ReconsiderationWCJQualified Medical Evaluator (QME)substantial evidencemedical opinionNSAIDsconstipationIBShemorrhoids
References
9
Case No. ADJ9169368, ADJ9178263
Regular
Nov 21, 2016

SCOTT BROWNLIE vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, amending a prior award. The Board removed apportionment for the applicant's irritable bowel syndrome and hemorrhoids disability, increasing the permanent disability from 41% to 45% because the medical evaluator's apportionment lacked sufficient reasoning. Additionally, the Board revised mileage reimbursement for medical treatment from 240 to 348 miles roundtrip, finding the employer's objection to the original travel distance was not adequately communicated regarding reasonable alternatives. The WCAB affirmed the original finding on GERD apportionment.

WCABPetition for ReconsiderationQualified Medical EvaluatorApportionmentSubstantial Medical EvidenceMileage ReimbursementLabor CodePermanent DisabilityCumulative InjuryPrimary Treating Physician
References
2
Case No. ADJ8279816 ADJ9818108
Regular
Aug 29, 2017

JAY SEVOIAN vs. COUNTY OF LOS ANGELES

This case involves a deputy sheriff seeking workers' compensation for cumulative industrial injuries. The Administrative Law Judge (ALJ) found compensable injuries to the applicant's knees, asthma, sleep disorder, hemorrhoids, irritable bowel syndrome, and hypertensive heart disease. The Defendant sought reconsideration, arguing that the hypertensive heart disease should only be attributed to the later injury date. The Board denied reconsideration, adopting the ALJ's report, which found that the stress from the original cumulative injury contributed to the hypertensive heart disease as a "new and further disability" or a "compensable consequence injury." Therefore, the injuries were correctly combined for a single permanent disability award, with no apportionment.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryHypertensive Heart DiseaseLabor Code Section 3212Permanent DisabilityApportionmentNew and Further DisabilityCompensable Consequence InjuriesAgreed Medical Evaluator
References
5
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