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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ9883212
Regular
May 19, 2018

LADONNA PALEGA vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns a California Highway Patrol officer diagnosed with adenocarcinoma in situ of the cervix. The defendant, California Highway Patrol, sought reconsideration of a finding that this condition constituted an industrial injury under Labor Code section 3212.1. The defendant argued that the applicant's condition was not considered "cancer" and therefore the statutory presumption of industrial causation did not apply. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding based on qualified medical evaluator Dr. Ngo's opinion that adenocarcinoma in situ qualifies as cancer under the statute. The Board found the defendant failed to rebut the presumption by providing evidence that the exposure to carcinogens was not linked to the disabling cancer.

Labor Code section 3212.1presumption of injurycervical canceradenocarcinoma in situLoop Electrosurgical Excision Procedure (LEEP)substantial medical evidencepanel qualified medical evaluatordisputable presumptionrebuttal evidencecarcinogen exposure
References
Case No. ADJ984330 (MON 0320747)
Regular
Jan 26, 2015

CHRIS JENSEN vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant, a police officer, seeking reconsideration of a denial for increased benefits due to alleged serious and willful misconduct by the California Highway Patrol. The applicant claimed unsafe working conditions at a vehicle inspection facility led to his psychological injury (PTSD). However, the Board denied reconsideration, finding no evidence that the alleged misconduct at the facility proximately caused his PTSD, which medical evidence indicated predated his time there. Furthermore, the applicant failed to prove that employer representatives with sufficient authority knew of the specific dangerous conditions and deliberately failed to act.

Serious and willful misconductPetition for ReconsiderationCumulative traumaPsyche injuryPTSDCalifornia Highway PatrolPolice officerQualified Medical ExaminerSafety inspectionsHazardous work environment
References
Case No. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ7721471
Regular
Jun 18, 2012

DANIEL MURPHY vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's basal cell carcinoma is not an insidious progressive disease, therefore jurisdiction cannot be reserved for future permanent disability beyond the statutory five-year limit. The Board amended the findings to state that the injury was to the applicant's nose, not all sun-exposed skin, and future basal cell carcinomas would be considered new injuries. This decision clarifies that the applicant's current award covers the injury to his nose, and any future skin cancers will require separate claims.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundDaniel MurphyHighway Patrol Officerbasal cell carcinomainsidious progressive diseasereservation of jurisdictionLabor Code section 5804General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson)
References
Case No. ADJ1 646469
Regular
Feb 06, 2017

ANDREW HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL

This case concerns a California Highway Patrol officer who sustained a work-related injury and was temporarily disabled. The Appeals Board initially ruled against the officer's claim for additional compensation, finding he received full salary and that reimbursement for accrued paid leave was outside WCAB jurisdiction. The Court of Appeal annulled this decision, holding that using accrued leave to supplement disability pay constituted a "loss of salary" prohibited by Labor Code section 4800.5. Consequently, the Appeals Board affirmed the original WCJ's award, directing the officer receive compensation for used annual leave, plus interest and penalties.

Workers' Compensation Appeals BoardCalifornia Highway PatrolOpinion and Decision After RemittiturLabor Code section 4800.5Temporary DisabilityFindings and AwardPaid Leave TimeLoss of SalaryJurisdictionPenalties
References
Case No. ADJ10681058
Regular
Oct 21, 2019

MARK MINTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Minton concerning a workers' compensation decision. The Appeals Board granted reconsideration, adopted the WCJ's report, and amended the original decision. The amended decision affirms the finding that Minton sustained a cumulative heart injury arising out of and in the course of his employment with the California Highway Patrol from July 16, 2015, through July 16, 2016.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportcumulative injuryDepartment of California Highway PatrolLegally UninsuredState Compensation Insurance Fundheart injuryofficeroccupational group 490
References
Case No. ADJ4400372 (SAC 0282814)
Regular
May 08, 2009

MICHAEL GRIFFIN vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's denial of the applicant's petition to reopen. The Board found that the applicant established good cause to reopen for new and further disability related to his left thumb and heart injuries sustained during his employment with the California Highway Patrol. Substantial medical evidence supported the cumulative trauma to the left thumb and the presumption under Labor Code section 3212.3 applied to the heart injury. The case was returned to the trial level for further proceedings.

ReconsiderationPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 3212.3Presumption StatuteIndustrial CausationCumulative TraumaStipulated AwardLeft Thumb Injury
References
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