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

Case No. ADJ6894498, ADJ6896838
Regular
Jun 26, 2012

Mark Fields vs. CITY OF CATHEDRAL CITY

The WCAB granted reconsideration of the applicant's unverified petition, as failure to verify is not jurisdictional but subject to dismissal discretion. Despite notice, the applicant's attorney failed to cure the verification defect, leading to a notice of intention to sanction the attorney. The Board will now determine sanctions and address the merits of the underlying workers' compensation claims.

Unverified PetitionLabor Code Section 5902WCJ ReportDiscretionary DismissalSanction NoticeBad-Faith ConductFrivolous TacticWillful FailureDue ProcessPaper Record
References
Case No. ADJ3339526
Regular
Oct 14, 2008

Jeffrey Zajdel vs. CALIPATRIA STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the issue of apportionment of the applicant's permanent disability due to a heart and brain injury. The Board rescinded the prior decision that apportioned 50% of the disability to non-industrial factors, finding the medical opinion supporting apportionment speculative and not based on established legal principles. Consequently, the Board issued a new award for 100% permanent disability without apportionment and reinstated the applicant's attorney's fees based on this higher award.

WORKERS' COMPENSATION APPEALS BOARDJEFFREY ZAJDELCALIPATRIA STATE PRISONSTATE COMPENSATION INSURANCE FUNDADJ3339526VNO 0491968OPINION AND ORDER GRANTING RECONSIDERATIONSUPPLEMENTAL FINDINGS AND AWARDINDUSTRIAL INJURYHEART INJURY
References
Case No. ADJ11140527
Regular
Apr 08, 2020

GARY BULLARD vs. EXCALIBUR WELL SERVICES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board rescinded prior findings and returned the case for further development of the record. The Board found that while Dr. Swartz's report was admissible, it did not constitute substantial evidence as it did not adequately address causation for the claimed cumulative injury. Furthermore, the Board determined that Dr. Brourman's opinion was not substantial evidence because it relied on an inaccurate understanding of the applicant's work duties, contradicting credible applicant testimony. The case is being remanded to allow parties to provide Dr. Brourman with a corrected job description and obtain a supplemental report on the cumulative injury claim.

ADJ11140527Excalibur Well ServicesInc.Travelers Property Casualty Company of AmericaGary BullardReconsiderationOpinion and DecisionRulings & Orders Admitting EvidenceFindings of Fact & Opinion on DecisionAubrey Swartz
References
Case No. ADJ16415273
Regular
Apr 21, 2025

JEFFREY BUCK vs. STATE OF CALIFORNIA

The defendant, State of California, sought reconsideration of a WCJ's finding that applicant Jeffrey Buck sustained an industrial psychiatric injury, arguing it was barred by the good faith personnel action defense under Labor Code § 3208.3(h). The Workers' Compensation Appeals Board granted the petition, rescinded the WCJ's decision, and returned the matter to the trial level. The Board determined that the factual and medical record regarding the causation of the psychiatric injury, particularly the role of a co-worker's accusations versus employer personnel actions, required further development and analysis, including input from evaluating physicians.

Workers' CompensationPsyche InjuryGood Faith Personnel Action DefenseLabor Code § 3208.3(h)Petition for ReconsiderationAdministrative Law Judge (WCJ)Qualified Medical Evaluator (QME)CausationInvestigationsCivil Lawsuit
References
Case No. ADJ8914455
Regular
Dec 28, 2015

JEFFREY SMITH vs. CITY OF CHULA VISTA

This case concerns applicant Jeffrey Smith's Petition for Reconsideration of a finding that he did not sustain hypertensive cardiovascular disease arising out of and in the course of his employment. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration, not on the merits, but due to a question of timely filing. The WCAB intends to dismiss the petition unless the applicant provides proof that it was filed within the statutory 20-day deadline. The applicant's electronic submission was received by the Appeals Board one day after the deadline, and no physical receipt stamp exists.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardHypertensive Cardiovascular DiseaseAgreed Medical ExaminerCumulative TraumaPermanent DisabilityStipulated AwardTimelinessJurisdictional
References
Case No. ADJ1456820
Regular
Oct 30, 2008

JEFFREY TERRA vs. FRU-CON CONSTRUCTION, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board denied Jeffrey Terra's petition for disqualification of the administrative law judge. The Board found the petition untimely filed and adopted the judge's report, which concluded that no bias or prejudice was demonstrated. The judge's actions, including ordering further testing for the applicant's claims, were consistent with her duties to prepare parties for trial.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJPeremptory ChallengeMandatory Settlement ConferenceExpedited HearingAgreed Medical EvaluatorTesticular InjuryPsychiatric InjuryLow Back Injury
References
Case No. ADJ10160405
Regular
Dec 17, 2019

JEFFREY JENSEN vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This decision addresses Jeffrey Jensen's workers' compensation claim against the California Department of Transportation. The Appeals Board affirmed the prior findings and award with a minor amendment. The amendment clarifies that the applicant stipulated to sustaining injury arising out of and occurring in the course of employment to his head, neck, low back, shoulders, and knees. This amendment ensures consistency with the stipulated facts and awarded benefits.

Workers' Compensation Appeals BoardReconsiderationStipulationAOE/COEAmended Findings and AwardSupervising Environmental PlannerCalifornia Department of TransportationLegally UninsuredState Compensation Insurance FundHead Injury
References
Case No. ADJ6999838, ADJ6999863
Regular
Oct 17, 2019

JEFFREY DAVIS vs. PACIFIC BELL TELEPHONE CO., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Applicant Jeffrey Davis sought reconsideration of a 74% permanent disability award, arguing vocational expert testimony supported 100% disability. The Appeals Board denied reconsideration, finding the vocational expert's reports were not substantial evidence. The WCJ properly concluded the applicant failed to meet his burden to rebut the scheduled rating. Therefore, the WCJ's original findings and award were affirmed.

Workers' Compensation Appeals BoardPermanent Disability RatingPetition for ReconsiderationVocational ExpertSubstantial EvidenceRebuttalScheduled RatingAmenable to RehabilitationFurther Development of RecordStipulated Rating
References
Case No. ADJ10077221
Regular
Aug 07, 2017

FERNANDO MELGAR vs. NEXT LEVEL SPORTS COMPLEX, LLC, JASON BRENNAN, JEFFREY LUZZI

The Workers' Compensation Appeals Board granted reconsideration for defendants Jason Brennan and Jeffrey Luzzi. They argued their Objection and Request for Further Proceedings, which questioned their employer status and liability, was improperly rejected and not considered by the WCJ. The Board found that due process requires defendants to have an opportunity to be heard on their objection. Therefore, the prior Findings of Fact and Award were rescinded and the case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardIllegally UninsuredSubstantial ShareholdersPetition for ReconsiderationFindings of Fact and AwardMandatory Settlement ConferenceDue ProcessRight to Present EvidenceRescindedReturned to Trial Level
References
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
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