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

Case No. LBO 359136
Regular
Dec 17, 2007

JOAQUIN GRANADOS vs. JKB CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the 1997 or 2005 disability rating schedule applies to applicant Joaquin Granados's left knee and back injury, and the appropriateness of apportionment. The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for new rating instructions. This decision was based on the finding that no medical report established applicant reached permanent and stationary status prior to January 1, 2005, thus mandating the application of the 2005 Schedule. Furthermore, the Board found Dr. Nottage's apportionment report to be substantial evidence, unlike Dr. Schwartz's, and ordered further proceedings based on Dr. Nottage's findings.

Workers' Compensation Appeals BoardJoaquin GranadosJKB CorporationState Compensation Insurance FundAmended Findings and AwardConstruction WorkerIndustrial InjuryLeft KneeBackPermanent Disability
References
7
Case No. ADJ8739181
Regular
Sep 19, 2018

JOHN JOAQUIN (deceased), JENNIFER JOAQUIN, individually and as Guardian Ad Litem for ANNAMARIE JOAQUIN, MAKAHLAH LYNN JOAQUIN, IZABEL TRINITY JOAQUIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by YORK

This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.

Serious and willful misconductLabor Code section 4553Mercer-Fraser Co.subsequent remedial measureEvidence Code section 1151roadside repairdangerous conditionreckless disregardJohns-Manville Sales Corp.Hawaiian Pineapple Co.
References
8
Case No. ADJ460520 (SAL 0101308)
Regular
Feb 22, 2010

Joaquin Borges vs. COUNTY OF SANTA CRUZ

The Workers' Compensation Appeals Board granted reconsideration to reverse a finding that applicant Joaquin Borges sustained a cumulative trauma injury from asbestos exposure while employed by the County of Santa Cruz in 1989, resulting in colorectal cancer. The Board found insufficient substantial medical evidence to establish causation, noting Dr. Duncan's opinion relied on an inaccurate exposure history and lacked a clear dose-response analysis for non-asbestos worker exposure. The matter is returned to the trial level to determine if applicant is entitled to a presumption of injury under Labor Code section 3212.1.

Cumulative traumaAsbestos exposureColorectal cancerIndustrial injuryMedical probabilityExposure assessmentLatency periodDose-response relationshipPeace officer presumptionLabor Code section 3212.1
References
0
Case No. ADJ11001624
Regular
Feb 07, 2020

ASHLEE ROBERTS vs. BETHANY HOME SOCIETY OF SAN JOAQUIN, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of the December 20, 2019 decision in *Roberts v. Bethany Home Society of San Joaquin*. The Board affirmed the WCJ's credibility determinations, which were given great weight due to direct observation of witnesses. The decision was amended to award temporary disability benefits from March 6, 2019, to the present, not exceeding 104 weeks total, with credit for prior payments and a 15% attorney's fee deduction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.temporary disability benefitscontinuing temporary disabilitycredit for benefits paidattorney's feesDeputy
References
0
Case No. ADJ1153404 (BAK 0112784)
Regular
May 28, 2009

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

This case involves an applicant, Barbara Clark, whose petition for writ of review was denied by the Court of Appeal. The Court found her petition frivolous and intended to harass the defendant, San Joaquin Community Hospital (represented by Adventist Health System). Consequently, the Court remanded the matter to the Workers' Compensation Appeals Board (WCAB) to award attorney fees and costs against Clark. The WCAB, finding the requested fees and costs reasonable, awarded Adventist Health and its attorney $5,266.47 against Barbara Clark.

Workers' Compensation Appeals BoardRemittiturPetition for Writ of ReviewFrivolous PetitionSanctionsAttorney FeesCostsUnreasonable DelayMeritless PetitionLabor Code Section 5801
References
1
Case No. ADJ7522095
Regular
May 22, 2014

EUGENIA GRANADOS vs. HARBOR FREIGHT TOOLS USA, INC., TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Eugenia Granados' Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the administrative law judge's Report and Recommendation. No specific reasons for dismissal are detailed in this order. The dismissal was issued on May 22, 2014.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalReport and RecommendationAdministrative Law JudgeHarbor Freight Tools USAInc.Travelers Property Casualty CompanyEugenia GranadosADJ7522095
References
0
Case No. ADJ6710414
Regular
Dec 02, 2014

JOAQUIN CORTEZ vs. ACTIONS CONTRACTORS, INC., LINCOLN GENERAL INSURANCE COMPANY

This case involves applicant Joaquin Cortez seeking reimbursement for medical expenses incurred with Dr. Elena Konstat and Ames Medical Corporation. Both Dr. Konstat and the defendant, Actions Contractors, Inc., sought reconsideration of a previous WCJ decision. The Board rescinded the prior decision, noting Ames Medical's lien is moot due to withdrawal. The Board found insufficient evidence to determine Dr. Konstat's lien entitlement and returned the case for further proceedings to develop the record regarding MPN notification, treatment denial, and the reasonableness of charges.

Workers' Compensation Appeals BoardMedical Provider NetworkUtilization ReviewLien ClaimantsFindings and AwardCompromise and ReleasePetition for ReconsiderationLabor CodePrimary Treating PhysicianPsychiatric Injury
References
2
Case No. ADJ4299001
Regular
Mar 08, 2010

JOAQUIN CORTEZ vs. FRU-CON CONSTRUCTION CORPORTION, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the permanent disability rating of 54% awarded to applicant Joaquin Cortez. The defendant argued the rating was improperly calculated under *Ogilvie II*, which dictates the burden of proof lies with the party rebutting the scheduled rating. The WCAB found the vocational expert's analysis flawed due to contradictory assumptions about the applicant's pre- and post-injury earning capacity. Consequently, the WCAB reversed the 54% award, finding the applicant failed to rebut the scheduled 13% permanent disability rating and issued an award for 13% disability.

Ogilvie IIOgilvie IDFECPermanent DisabilityReconsiderationRebuttalVocational ExpertWhole Person ImpairmentRAND dataLabor Code section 4660
References
3
Case No. 2016 NY Slip Op 08317 [145 AD3d 506]
Regular Panel Decision
Dec 13, 2016

Burgos v. Premiere Properties, Inc.

Joaquin Burgos, a building porter, sustained injuries after tripping over a tool bag on a stairway. He sued Premiere Properties, Inc., the building management company, alleging negligence and Labor Law violations. The Supreme Court denied Premiere's motion for summary judgment. On appeal, the Appellate Division, First Department, affirmed the denial. The court found issues of fact regarding Premiere's potential liability as a statutory agent under Labor Law § 200 due to its extensive control over the construction site, as well as whether Premiere had actual or constructive notice of the hazardous condition. Claims under Labor Law §§ 240(1) and 241(6) were deemed abandoned.

Personal InjuryPremises LiabilityConstruction Site SafetyLabor Law 200Statutory AgentSummary Judgment DenialTrip and FallSafe Place to WorkManagement Company LiabilityAppellate Affirmation
References
5
Case No. ADJ1153404
Regular
Jan 03, 2014

BARBARA DIEFENBACH, (BARBARA CLARK) vs. SAN JOAQUIN COMMUNITY HOSPITAL, Permissibly Self-Insured, Administered By ADVENTIST HEALTH SYSTEM

This case involves a petition for reconsideration filed by Barbara Diefenbach (Applicant) against San Joaquin Community Hospital. The Workers' Compensation Appeals Board (WCAB) denied the petition on its merits, adopting the reasoning of the administrative law judge. Furthermore, the petition was subject to dismissal for failure to serve all adverse parties. The Board also admonished the petitioner for procedural violations, including attaching an unauthorized medical report and filing a supplemental petition improperly.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDLabor Code section 5905WCAB Rule 10842WCAB Rule 10848sanctionsLab. Code§ 5813administrative law judge
References
3
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