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Case Law Database

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

Case No. ADJ12294911
Regular
Apr 14, 2025

KHADIJAH BROWN vs. REGINALD AJAKWE, MD, RAYMOND TATEVOSSIAN, MD, MID-CENTURY INSURANCE COMPANY

Applicant Khadijah Brown sought reconsideration of a WCJ's decision that she did not sustain a psychiatric injury arising out of and occurring in the course of employment (AOE/COE) and that a good faith personnel action defense was established. The Appeals Board granted reconsideration, finding that the WCJ erroneously concluded applicant did not sustain injury to her psyche AOE/COE and failed to recognize objective evidence of harassment. The Board rescinded the original findings and substituted new findings, determining that applicant did sustain injury to her psyche AOE/COE and that this injury resulted from actual events of employment. The issue of the defendant's good faith personnel action defense was deferred for further proceedings.

AOE/COEpsychiatric injuryLabor Code Section 3208.3(b)(1)actual events of employmentharassmentgood faith personnel actionVerga v. Workers' Comp. Appeals Bd.racial epithetsuspensiontermination
References
8
Case No. ADJ13021836; ADJ13022571; ADJ17282642; ADJ20509785; ADJ20509813
Regular
Sep 08, 2025

MARTINA VARELAS vs. PALMDALE LODGING ASSOCIATES, ZURICH AMERICAN INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, EMPLOYERS ASSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY

Defendant Security National Insurance Company sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) decision regarding injuries sustained by applicant Martina Varelas. The WCJ had found that the applicant sustained injury arising out of and in the course of employment (AOE/COE) to her excretory and reproductive systems across multiple employment periods and adjudication numbers. The Workers' Compensation Appeals Board granted the petition for reconsideration, concluding that the WCJ had not sufficiently explained the basis for the decision on injury AOE/COE and liability, and that the record needed further development. A final decision on the merits has been deferred pending further review.

AOE/COEexcretory system injuryreproductive system injurycumulative traumaspecific injuryslip and falldate of injuryLabor Code section 5412Labor Code section 5500.5Petition for Reconsideration
References
25
Case No. ADJ4628737
Regular
Mar 08, 2010

FREDDIE HENSON vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the County of Fresno's petition for reconsideration, affirming the finding that Freddie Henson sustained injury arising out of and occurring in the course of employment (AOE/COE). The Board found that Henson's training, though part of a university program, was directly beneficial to his role as a reserve deputy sheriff and was impliedly authorized by the County. The injury occurred during a training scenario, exposing him to dangers inherent in his employment as a law enforcement officer. Therefore, the Board concluded Henson was acting within the course of his employment when injured.

Workers' Compensation Appeals BoardReserve Deputy SheriffCriminology 108Fresno StateAOE/COEcourse of employmentimpliedly authorizeddirect benefitjob functionstraining scenario
References
7
Case No. ADJ4276340 RDG 0095395 ADJ7960157
Regular
Aug 15, 2013

David Sandrock vs. Independent Business Forms, Inc., Preferred Employers Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended a prior decision regarding David Sandrock's cumulative trauma claim. The WCAB found that Sandrock's cumulative trauma injury ending July 28, 2006, is not presumptively compensable because no claim form was filed with the employer, as required by Labor Code sections 5401 and 5402. The Board determined that the insurer, Preferred Employers, did not violate due process by submitting the case on briefs at a conference. The WCAB deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCumulative TraumaPresumptive CompensabilityClaim Form90-Day Investigation PeriodDue ProcessIndustrial InjuryAOE/COE
References
1
Case No. ADJ6751788
Regular
Aug 16, 2010

MOISES ROBLES GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury for applicant Moises Robles Garcia. Defendant Able Building Maintenance argued the applicant failed to prove injury arising out of and occurring in the course of employment (AOE/COE) and raised affirmative defenses of intoxication and material deviation. The Board rescinded the original decision and returned the case to the trial level for further proceedings, specifically to determine AOE/COE and consider the applicant's credibility and deposition transcripts. The WCJ must now make a determination on AOE/COE and potentially other defenses.

AOE/COEintoxication defensematerial deviationexcluded evidencedeposition transcriptswitness demeanorcredibilitypreponderance of the evidencecausal connectionrational incident of work
References
6
Case No. ADJ9859900
Regular
Dec 24, 2018

KRSYTOL LARTEY vs. FOREVER 21, FEDERAL INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant alleged injury to her throat and voice due to her employment with Forever 21. The defendant sought reconsideration of the WCJ's finding of injury arising out of and occurring in the course of employment (AOE/COE), arguing the medical examiner's opinion lacked substantial evidence. The Board denied reconsideration, finding the QME's reports and deposition testimony provided a reasoned opinion based on examination and history. The Board concluded that the QME's opinion constituted substantial evidence supporting the AOE/COE finding.

AOE/COEOtolaryngology QMEAlfred N. RovenMethicillin-resistant Staphylococcus aureusMRSAIndustrial causationPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDust exposure
References
2
Case No. ADJ10575875
Regular
Jul 12, 2019

DANA BROUSSARD vs. STATE OF CALIFORNIA, LANCASTER STATE PRISON

This case concerns an office technician who developed transverse myelitis following a Hepatitis B vaccination series received as part of her employment. The applicant's physician, Dr. Chodakiewitz, concluded that it was medically probable the vaccination caused the injury, despite acknowledging other potential causes could not be definitively ruled out. The Workers' Compensation Appeals Board granted reconsideration and found substantial evidence supporting injury arising out of and occurring in the course of employment (AOE/COE). The Board affirmed the WCJ's finding of AOE/COE, reversing the prior decision to defer this issue.

Transverse MyelitisHepatitis B VaccinationNeurological InjuryMedical CausationAOE/COEPetition for ReconsiderationSubstantial EvidenceReasonable Medical ProbabilityQME OpinionOffice Technician
References
4
Case No. ADJ7813892
Regular
Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger
References
22
Case No. MISSING
Regular Panel Decision
Feb 02, 2006

Claim of Melo v. Jewish Board of Family & Children's Services, Inc.

This case involves an appeal from a Workers’ Compensation Board decision. The claimant, a night shift direct care worker, was assaulted and raped by a stranger in her workplace at the Jewish Board of Family and Children’s Services, Inc. in 1997. The Board determined that her injury did not arise out of her employment. The Appellate Division, Third Department, affirmed the Board's decision. The court found no causal link between the claimant's employment and the attack, noting it did not occur while she was performing duties, the building was not identified as her specific workplace, the assailant was not a coworker, and there was no employment-related motivation or increased risk from her work environment.

Assault in workplaceRapeInjury arising out of employmentCourse of employmentCausal relationshipWork environment riskEmployer liabilityWorkers' Compensation Board appealUnidentified assailantOff-duty injury
References
7
Case No. MISSING
Regular Panel Decision

Claim of Littles v. New York State Department of Corrections

A claimant was injured in an automobile accident approximately 10 feet from her workplace entrance, a prison. She applied for workers' compensation benefits. A Workers’ Compensation Law Judge initially established the claim, but the Workers’ Compensation Board reversed this decision, finding that the claimant did not sustain an accidental injury arising out of and in the course of her employment. On appeal, the court affirmed the Board's decision, concluding that there was no evidence of a special hazard at the accident location or a close association of the access route with the employer's premises that would make the accident compensable as a risk of employment.

Workers' CompensationAutomobile AccidentCourse of EmploymentArising Out of EmploymentSpecial HazardAccess RoutePublic RoadOff-premises InjuryCommuting AccidentWorkers' Compensation Board Appeal
References
8
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