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

Case No. ADJ628128 (RDG 0130262) ADJ7454093
Regular
Dec 04, 2015

LARRY TRIPLETT vs. NORDIC INDUSTRIES, EAGLE INSURANCE, ENSTAR, KIN ENTERPRISES, INCOPORATED, STATE COMPENSATION INSURANCE FUND

This case involves applicant Larry Triplett's industrial injury claims against Nordic Industries and Kin Enterprises. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address Nordic Industries' arguments against the Administrative Law Judge's (ALJ) findings, including disputes over dual employment, evidence of cumulative trauma, and notice of injury. The WCAB rescinded the prior award, finding it necessary to join and consider a third, overlapping cumulative trauma claim (ADJ7454084) with the current matters. The case is returned to the trial level for a comprehensive new decision addressing all issues, including insurance coverage and liability.

Workers Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryDual EmploymentJoint EmploymentTemporary DisabilityPermanent DisabilityIndustrial InjuryNotice of Claim
References
1
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ8855485
Regular
Nov 07, 2019

IMELDA SOSA vs. BRAWLEY UNION HIGH SCHOOL DISTRICT, ATHENS ADMINISTRATORS, LIBERTY MUTUAL INSURANCE, SELF-INSURED SCHOOLS OF CALIFORNIA

This case involves an employer's reconsideration request concerning a finding of cumulative trauma injury. The applicant was found to have sustained a cumulative trauma injury through June 13, 2011, resulting in 23% permanent disability and an award for indemnity and future medical treatment. The employer argued against compensable temporary disability for a single day's absence and questioned the applicant's knowledge of the cumulative trauma's industrial cause. The Board affirmed the original award, finding the applicant had knowledge of an industrial injury and suffered disability on June 13, 2011.

Cumulative trauma injuryDate of injuryLabor Code section 5412Compensable temporary disabilityPermanent disabilityIndustrial accident leaveEducation CodeWorkers' Compensation Appeals BoardReconsiderationFindings Award and Order
References
2
Case No. ADJ4048703 (MON 0246736) ADJ3995603 (MON 0246737) ADJ534884 (MON 0295064)
Regular
May 21, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, SEDGWICK CMS, FREMONT INDEMNITY

The Appeals Board rescinded the WCJ's decision regarding applicant Herminegilda Chavez's cumulative trauma injury claim. While acknowledging the applicant sustained a cumulative trauma injury and 100% permanent disability, the Board found error in merging three distinct industrial injuries into a single claim without proper apportionment. Further development of the medical record is required to determine apportionment of disability between the cumulative trauma, a specific injury, and non-industrial factors. The case is remanded for further proceedings and a new decision by the WCJ consistent with established apportionment principles.

Cumulative traumaApportionmentBenson v. WCABSpecific injuryInsurance Guarantee AssociationCIGALiberty MutualWausauMedical opinionPermanent disability
References
5
Case No. ADJ2307991 (VNO 0427797) (MF) ADJ3536405 (VNO 0336819) ADJ487962 (VNO 0533632)
Regular
Jun 14, 2018

JACQUELINE AUSTIN vs. FIRST FOURSQUARE CHURCH OF VAN NUYS, GUIDE ONE MUTUAL INSURANCE COMPANY, FREMONT, CIGA, CYPRESS INSURANCE COMPANY, FOREST LAWN MEMORIAL PARK, SAFECO INSURANCE, TRAVELERS PROPERTY CASUALTY COMPANY

This case involves an applicant who sustained two separate cumulative trauma injuries to her neck, back, and gastrointestinal system, including GERD and fibromyalgia. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant suffered distinct industrial injuries during employment with First Foursquare Church (insured by Cypress) and Forest Lawn Memorial Park (insured by Travelers). Defendant Cypress contested the dating of the injury and the finding of two separate cumulative trauma periods, while Travelers challenged the sufficiency of medical evidence for one injury. The WCAB found Cypress waived the issue of one versus two cumulative trauma injuries by failing to raise it timely. Ultimately, the WCAB adopted the WCJ's findings, confirming the two separate cumulative trauma periods and the respective carrier liabilities.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5Findings of FactAward and OrderAdministrative Law JudgeCypress Insurance Company
References
9
Case No. ADJ8061890
Regular
Sep 24, 2012

MARIA TIBURCIO VALERIANO vs. BEU INDUSTRIES, STAR INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original finding of industrial injury. The Board found the applicant failed to provide substantial medical evidence establishing industrial causation for her cumulative trauma injury. Furthermore, the Board determined the claim was barred by Labor Code section 3600(a)(10) due to the applicant filing after notice of termination without demonstrating applicable exceptions. Consequently, the applicant was ordered to take nothing by her claim.

Labor Code section 3600(a)(10)post-termination defenseindustrial causationsubstantial evidencePR-2 formprimary treating physiciancumulative traumamedical evidenceEDD claim formnotice of injury
References
5
Case No. ADJ3026623
Regular
Jun 28, 2010

ROBERTO PICENO vs. KLUNE INDUSTRIES, INC.; CIGA, administered by CAMBRIDGE for FREMONT, in liquidation

This case involves a defendant's petition for reconsideration of an award of permanent disability for an applicant's industrial injuries sustained on January 22, 1997. The defendant argued for apportionment of the permanent disability to non-industrial factors and to a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition because it was unverified, a mandatory requirement. The WCAB found the defendant failed to cure this defect within a reasonable time after it was pointed out. Therefore, the defendant's contentions regarding apportionment were not addressed on their merits by the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionLabor Code Section 5902ApportionmentCumulative TraumaSpecific InjuryAgreed Medical ExaminerQualified Medical EvaluatorSubstantial Evidence
References
1
Case No. ADJ10231800
Regular
Apr 30, 2018

Patricia Castro vs. STOCKTON UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings, remanding the case for further development of the record. The applicant claims industrial cumulative trauma injury to her left knee, left thumb, right knee, left arm, and left wrist. The medical expert, Dr. Anderson, initially found no cumulative trauma from the applicant's work with the defendant school district but later opined it was possible from concurrent work as a cashier. The Board found it unclear why the applicant's job with the defendant, which also involved standing and hand use, would not also support a cumulative trauma claim, necessitating further investigation.

Cumulative traumaPetition for ReconsiderationFindings of FactIndustrial injuryMedical evidencePanel Qualified Medical EvaluationDepositionApportionmentSupplemental ReportFurther development of the record
References
0
Case No. ADJ7464284
Regular
Aug 21, 2014

MIGUEL ANGEL GARCIA vs. INTERNATIONAL WINDOW, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board affirmed a prior award finding that Miguel Angel Garcia sustained industrial injuries to his back, neck, shoulders, and arms from cumulative trauma and a specific incident while employed by International Window. The Board found Dr. Donohue's medical reports constituted substantial evidence supporting the cumulative trauma finding and ongoing temporary disability. The Board also ruled that Garcia was permitted to select a new primary treating physician for his cumulative trauma claim, as he had not been properly notified of his prior physician's final determination for the specific injury. The defendant's contentions regarding lack of medical evidence, ongoing temporary disability, and improper physician selection were rejected.

Workers' Compensation Appeals BoardReconsiderationCumulative Trauma InjuryTemporary Total DisabilityStatute of LimitationsAffirmative DefenseMedical EvidencePrimary Treating PhysicianDispute Resolution ProceduresFindings Award and Order
References
5
Case No. ADJ3015289 (FRE 0242633)
Regular
Jan 06, 2012

SHARON LONG vs. KAISER FOUNDATION HOSPITALS administered by KAISER PERMANENTE

This case involves applicant Sharon Long's claim for workers' compensation benefits due to cumulative trauma sustained as a registered nurse for Kaiser Foundation Hospitals. The Workers' Compensation Appeals Board granted reconsideration, reversing the initial denial of industrial injury. The Board found that Dr. Dureza's opinion, which attributed 33% of applicant's injuries to cumulative trauma from her nursing duties, constituted substantial evidence of industrial causation. The Board remanded the case for further proceedings on orthopedic benefits and the psychiatric injury claim, deferring the EDD lien.

Workers' Compensation Appeals BoardKaiser Foundation HospitalsSharon LongIndustrial InjuryCumulative TraumaRegistered NurseNeck InjuryLow Back InjurySpine InjuryPsyche Injury
References
6
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