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

Case No. ADJ8089436
Regular

Ruben Magana vs. Jason Hall, Joel Hall, Green Tree Nursery, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) has dismissed Ruben Magana's petition for removal. This dismissal is based on the advice that a settlement is pending in the case. Consequently, no further action will be taken on the petition. The file will be returned to the district office for the submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingDismissedWorkers' Compensation Appeals BoardWCJStockten District OfficeSeabright Insurance CompanyGreen Tree NurseryJoel HallJason Hall
References
Case No. ADJ3928236 (SBR 0324409) ADJ3514825 (SBR 0332012)
Regular
Sep 10, 2009

DARLENE HALL vs. AMERICAN AIRLINES, SPECIALTY RISK DALLAS

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, deferring the issue of insurance coverage for Darlene Hall's 1976 back injury to mandatory arbitration as required by Labor Code section 5275(a)(1). The Board rescinded the dismissal of CNA Insurance as a party defendant, pending the arbitration outcome. All other issues raised by the defendant were affirmed based on the Judge's prior findings.

Workers Compensation Appeals BoardJoint Findings and OrderReconsiderationSpecialty Risk ServicesAmerican AirlinesDarlene Hallflight attendantindustrial injuriesAgreed Medical ExaminerCNA Insurance
References
Case No. ADJ4716833 (VNO 0556240)
Regular
Oct 20, 2011

JASON DRION vs. T & G ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jason Drion's petition for reconsideration. The dismissal was primarily based on the petition being untimely. Even if considered on its merits, the WCAB would have denied reconsideration according to the administrative law judge's report. Therefore, the petition was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDismissedUntimelyMeritsAdministrative Law JudgeJason DrionT&G RoofingState Compensation Insurance Fund
References
Case No. ADJ2112759 (ANA 0406243)
Regular
Feb 22, 2009

Matt Todd vs. INTERNATIONAL TRANSPORTATION SERVICES, THE HARTFORD

The Workers' Compensation Appeals Board reversed a finding that applicant Matt Todd sustained an industrial injury during his commute. The Board determined that Todd's motorcycle accident en route from the Union Hall to the employer's premises was barred by the "going and coming" rule. Todd failed to establish that the trip was an extraordinary mission or that the commute involved a special risk distinct from the general public. Furthermore, the Board found insufficient evidence that the Union Hall acted as the employer's agent in dispatching Todd.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryMotorcycle AccidentCommuteUnion HallCasual LaborerGoing and Coming RuleSpecial Mission DoctrineSpecial Risk Exception
References
Case No. ADJ3746440
Regular
Mar 24, 2011

JASON NGUYEN vs. NETWORK APPLIANCE, INC., SAFETY NATIONAL CASUALTY CORPORATION, MATRIX

The defendant sought reconsideration of an award allowing Dr. Tahami's and Express Interpreters' medical liens. The Appeals Board granted reconsideration to reverse Dr. Tahami's reimbursement award, finding the treatment was for a non-industrial psychiatric condition. The Board deferred the award for Express Interpreters pending further proceedings, directing the WCJ to consider recent en banc precedent on the employer's obligation to provide interpreter services as part of medical treatment. Therefore, Dr. Tahami's lien was disallowed, and Express Interpreters' lien was deferred.

Workers' Compensation Appeals BoardNetwork ApplianceInc.Safety National Casualty CorporationJason NguyenDr. TahamiExpress InterpretersLien ClaimantsReconsiderationFindings Award Order
References
Case No. ADJ12059744
Regular
Feb 17, 2023

JASON WUEST vs. KERN COUNTY SUPERINTENDENT OF SCHOOLS, SELF-INSURED SCHOOLS OF CALIFORNIA

The defendant sought reconsideration of an award finding the applicant sustained injury to his cervical spine, left shoulder, and elbow, resulting in 28% permanent disability. The defendant argued the Qualified Medical Examiner's (QME) reports lacked substantial evidence, while the primary treating physician's (PTP) reports should have been determinative. The Appeals Board denied reconsideration, finding the QME's detailed reports provided substantial evidence supporting the findings. The Board affirmed the WCJ's reliance on the QME's opinions regarding impairment calculations and the compensable consequence neck injury.

ADJ12059744PERMISSIBLY SELF-INSUREDKERN COUNTY SUPERINTENDENT OF SCHOOLSJASON WUESTOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONFINDINGS ORDER AND AWARDCERVICAL SPINELEFT SHOULDERELBOWPERMANENT DISABILITY
References
Case No. ADJ7857198
Regular
Jan 28, 2019

RANULFO CRUZ, (Deceased) vs. HALL MANAGEMENT CORPORATION, EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, and COMPANION PROPERTY AND CASUALTY INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to the estate of Ranulfo Cruz, a deceased farm laborer. The applicant's death was attributed to Coccidiomycosis (Valley Fever) and meningitis, contracted through exposure during his employment. The WCAB adopted the findings of the administrative law judge, who relied heavily on the medical opinion of Dr. Noriega, the panel QME. Dr. Noriega opined that the decedent's occupational duties, involving soil disruption in an endemic region, presented a statistically greater risk of exposure than non-work activities, establishing industrial causation.

Workers' Compensation Appeals BoardRanulfo CruzHall Management CorporationEverest National InsuranceCompanion Property and Casualty InsuranceADJ7857198Petition for ReconsiderationDeniedWCJ reportsubstantial evidence
References
Case No. ADJ2176409
Regular
Aug 24, 2015

SHARIFAH ROSSO vs. HRT INDUSTRIES; CIGA, by its servicing facility SEDGWICK CMS, for MISSION INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by lien claimant Drew Hall, D.C. The Board adopted the reasoning of the administrative law judge, which was supported by the defendant's answer, for denying the petition. The petition argued the lien claimant should be excused from his own negligence in failing to appear at scheduled hearings. The lien claimant's lien was dismissed due to repeated non-appearances at lien hearings, and an order of dismissal was issued and served. The lien claimant's subsequent objection was untimely and did not warrant reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportApplicantDefendantHRT IndustriesCIGAMission Insurance CompanyLiquidation
References
Case No. ADJ9570414, ADJ9570416
Regular
Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212
References
Case No. ADJ2658072 (SBR 0340376)
Regular
Mar 26, 2009

Jason Beaudion vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA UPLAND

The applicant, Jason Beaudion, sought reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision that denied his claim for a psyche injury. Beaudion argued the original judge erred by not assisting with witness subpoenas and by proceeding without his attorney. However, the WCAB dismissed his petition for reconsideration. This dismissal was based on the petition being filed 36 days after the decision, exceeding the jurisdictional 25-day filing deadline. Consequently, the WCAB lacked the power to consider the merits of the untimely petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionJurisdictionalFindings and OrderCompensable Industrial InjuryPsyche InjuryIn Pro PerLabor CodeCode of Civil Procedure
References
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