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

Case No. ADJ3370297 (SFO 0446248)
Regular
Aug 29, 2014

SHANNON MURPHY vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED

This case involves a Petition for Reconsideration filed by applicant Shannon Murphy against Oakland Unified School District and JT2 Integrated. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the original Award issued on September 23, 2005. This delay exceeds the statutory 20-day period for filing reconsideration, plus the additional 5 days for mailing. Therefore, the Board found the petition procedurally barred and dismissed it.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardDismissal OrderAward DateAdministrative Law Judge ReportApplicantDefendant Employer
References
0
Case No. ADJ1730584 (OAK 0230681)
Regular
Jun 11, 2013

ELDORA ROBINSON vs. OAKLAND UNIFIED SCHOOL DISTSRICT, JT2 INTEGRATED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Eldora Robinson's claim against Oakland Unified School District and JT2 Integrated Services. The WCAB rescinded the judge's decision, finding it was not a final resolution on the merits. The case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. Parties retain the right to seek reconsideration of the subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeWCJReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelFinal DecisionMerits
References
0
Case No. ADJ7948651
Regular
May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference
References
2
Case No. MISSING
Regular Panel Decision

Integrated Construction Services, Inc. v. Scottsdale Insurance

Integrated Construction Services, Inc. (Integrated) purchased a commercial general liability policy from Scottsdale Insurance Company (Scottsdale). Integrated received delayed and initially incorrect notifications about a worker's injury. After clarifying details, Integrated notified Scottsdale, which denied coverage citing late notice. Integrated then filed a declaratory judgment action to compel Scottsdale to defend and indemnify it. Scottsdale's motion to dismiss the complaint was denied by the Supreme Court. On appeal, the order denying dismissal was affirmed, as Integrated adequately pleaded reasonable delay and Scottsdale's documentary evidence was insufficient to refute the claim.

Commercial General LiabilityInsurance PolicyDuty to DefendDuty to IndemnifyLate NoticeDeclaratory JudgmentMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary Evidence
References
10
Case No. ADJ4442534
Regular
Jun 17, 2011

ROXANNE MOSLEY vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

This case involved a workers' compensation claim by Roxanne Mosley against the Oakland Unified School District for a low back injury. The administrative law judge dismissed her case on February 22, 2010, for failure to prosecute. The Workers' Compensation Appeals Board granted reconsideration to ensure proper notice was given to the unrepresented applicant regarding the impending dismissal. Despite direct notice and an opportunity to object, the applicant failed to respond, leading the Board to affirm the dismissal order.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseWCJProper NoticeFailure to ProsecuteSubstitution of AttorneysCustodian of RecordsAdmitted InjurySalary Continuation
References
0
Case No. ADJ3273317 (OAK 0239199)
Regular
Sep 11, 2013

C. DUPSI BROWN-KURIA vs. CITY OF OAKLAND, Administered by JT2 INTEGRATED RESOURCES, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior finding that applicant C. Dupsi Brown-Kuria sustained 100% permanent disability due to work-related injuries. The defendant, City of Oakland, had petitioned for reconsideration, arguing insufficient medical evidence supported the total disability finding. The WCAB reviewed the case and adopted the administrative law judge's report, upholding the original award. Applicant's request for sanctions and attorney fees due to the defendant's initial violation of filing page limits was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to DismissPage LimitationFindings and AwardPermanent DisabilitySpecific InjuryCumulative InjuryHousing Development CoordinatorSubstantial Medical Evidence
References
0
Case No. ADJ8917396
Regular
Mar 24, 2016

Eric Mulhern vs. Oakland Housing Authority (OHA), Athens Administrators, City of Hayward, JT2 Integrated

The Oakland Housing Authority (OHA) sought removal of a workers' compensation case after the judge limited its discovery by excluding a medical report obtained post-applicant's election to proceed against a co-defendant. OHA argued this prejudiced its ability to contest the date of injury, a critical issue since its potential liability could be outside the identified period. The Appeals Board denied OHA's petition, finding no extraordinary circumstances or irreparable harm, as Labor Code section 5500.5 preserves OHA's rights in supplemental proceedings. A dissenting commissioner argued the election was premature given the disputed date of injury, which significantly prejudiced OHA.

Petition for RemovalLabor Code section 5310Interim OrderDiscovery RightsCo-defendant ElectionDate of InjuryCumulative TraumaPrejudiceIrreparable HarmSupplemental Proceedings
References
2
Case No. ADJ7033127
Regular
Sep 15, 2010

JOSEPH KROUSHOUR vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision that found Joseph Kroushour's left shoulder injury compensable. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which concluded Kroushour's belief that maintaining physical fitness was an employment expectancy was both subjectively held and objectively reasonable. The judge found the police officer's weightlifting to be a reasonable part of preparing for his return to duty, supported by departmental rules and job requirements. The defendant's arguments on reconsideration, including raising a new legal theory, were deemed without merit and not supported by the record.

Workers' Compensation Appeals BoardCity of OaklandJoseph KroushourPetition for ReconsiderationOrder Denying ReconsiderationReport and RecommendationInjury AOE/COELeft Shoulder InjuryPolice OfficerPermissibly Self-Insured
References
4
Case No. ADJ7284210
Regular
Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation
References
5
Case No. ADJ3370297 (SF0 0446248)
Regular
Jun 08, 2015

Shannon Murphy vs. Oakland Unified School District, JT2 Integrated Oakland

The applicant sought reconsideration of a prior dismissal order, arguing his military service excused untimely filing. The Board found no evidence of military service during the relevant filing periods for his initial petition or subsequent appeals. Furthermore, the Board determined that successive petitions for reconsideration of dismissal orders are improper. The applicant's proper recourse was a timely writ of review, not another petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5903Code of Civil Procedure section 1013California Army National GuardSoldiers' and Sailors' Civil Relief Act of 1940 (SSRA)WCJLabor Code section 132aindustrial injuryfraud
References
6
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