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

Case No. ADJ 3782237
Regular
Sep 04, 2008

PAUL GARCIA vs. SAN FRANCISCO BAY AREA RAPID TRANSIT, INC.

The court awarded applicant's counsel $114.29 in appellate costs, rejecting defendant's objection based on a late-filed answer. The decision is based on California Rules of Court, rule 26(c) and Johnson v. Workers' Comp. Appeals Bd.

WORKERS' COMPENSATION APPEALS BOARDLabor Code § 5811Petition for Writ of ReviewAppellate CostsApplicant's CounselDefendant's ObjectionCalifornia Rules of Courtrule 26(c)reproduction of briefsJohnson v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7081229
Regular
Jul 19, 2012

Patricia Johnson vs. Sam's Club/Walmart, Avizent

The Workers' Compensation Appeals Board (WCAB) denied Patricia Johnson's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no error in the original decision. The Board gave great weight to the WCALJ's credibility findings, as is customary under *Garza v. Workers' Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardDenying ReconsiderationWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.ADJ7081229San Diego District OfficePatricia JohnsonSam's Club/WalmartAvizent
References
Case No. ADJ6861829
Regular
Jun 13, 2012

BART JAMES JOHNSON vs. BEYETTE'S TREE CARE

This case involves a supplemental award of attorney's fees to Bart James Johnson's attorney, pursuant to Labor Code § 5801. The Court of Appeal denied the employer's petition for writ of review, finding no reasonable basis. Consequently, the case was remanded for attorney's fees. The applicant's attorney requested $3,500.00 for ten hours of work at $350 per hour related to the writ of review. The Workers' Compensation Appeals Board deemed this fee reasonable and awarded it against the uninsured employer.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandReasonable Attorney FeesStipulationPetition for FeeAnswer to PetitionLegal Services
References
Case No. ADJ1825244 (SJO 0218090) ADJ409934 (SJO 0218091) ADJ2092501 (SJO 0243094) ADJ2437045 (SJO 0226020)
Regular
Feb 04, 2011

FESSAHAIE TESFAGIORGIS vs. LIFESCAN/JOHNSON & JOHNSON, OLD REPUBLIC Adjusted By BROADSPIRE

This case involves applicant Fessahaine Tesfagiorgis seeking reconsideration of a workers' compensation award. The defendant, Lifescan/Johnson & Johnson, also petitioned for reconsideration. The Appeals Board granted the defendant's petition and denied the applicant's, amending the original award. Specifically, the psychiatric impairment rating was reduced, resulting in a lower overall permanent disability award of 60% totaling $58,862.50. The applicant's attorney's fee was adjusted to 20% of this revised award, totaling $11,772.50, which the Board found to be reasonable given the case's complexity and the attorney's efforts.

WCABReconsiderationFindings and AwardIndustrial InjuryBilateral FeetRight ShoulderRight WristNeckPsychePermanent Disability
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ8128265
Regular
Feb 05, 2015

WILLIAM GARNETT vs. DALLAS BASKETBALL LTD (DALLAS MAVERICKS), INSURANCE COMPANY OF NORTH AMERICA/ACE USA, INDIANA PACERS

The Workers' Compensation Appeals Board (WCAB) affirmed a decision denying jurisdiction over applicant William Garnett's cumulative trauma claim. Garnett, a former professional basketball player, argued he sustained injury while playing for the Dallas Mavericks and Indiana Pacers, with over 20 games played in California. However, the WCAB found Garnett's contacts with California insufficient, deeming the 22 games played as de minimis based on the *Johnson* precedent. The Board concluded that constitutional due process required a sufficient relationship between the injury and the state, which was not met here.

Workers' Compensation Appeals BoardCumulative TraumaJurisdictionDe MinimisJohnsonMcKinleyProfessional AthleteNBAIndiana PacersDallas Mavericks
References
Case No. ADJ7236952
Regular
Dec 18, 2014

JONATHAN (JON) VAUGHN vs. SEATTLE SEAHAWKS

In this case, the Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding it lacked jurisdiction over a professional football player's cumulative injury claim against the Seattle Seahawks. The applicant, who never resided in California and whose employment contracts were not made there, argued that a small number of games played in California were sufficient to establish jurisdiction. The Board, relying on the precedent set in *Federal Ins. Co. v. Workers' Comp. Appeals Bd. (Johnson)*, determined that the connection between the applicant's work in California and his injury was de minimis. Therefore, California has no legitimate interest to support the exercise of WCAB jurisdiction.

Workers' Compensation Appeals BoardSeattle SeahawksCumulative InjuryJurisdictionDe MinimisJohnsonProfessional Football PlayerLabor Code Section 5500.5McKinleyDuty Days
References
Case No. ADJ7598160
Regular
Nov 19, 2014

MAURICE JOHNSON vs. PHILADELPHIA EAGLES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, in liquidation, FAIRMONT PREMIER INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a lower decision, finding California lacked jurisdiction over a professional football player's cumulative trauma claim against the Philadelphia Eagles. The Board held that playing only two games in California did not create a sufficient connection to the injury to warrant applying California law, citing *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. The applicant's limited physical presence and routine pre/post-game treatment in California were deemed de minimis. Therefore, the applicant took nothing on his California WCAB claim.

CIGAPhiladelphia EaglesReliance Insurance Companycumulative traumaprofessional football playerjurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)administrative law judgepermanent disabilityapportionment
References
Case No. ADJ4440730 (SFO 0491327) ADJ3960828 (SFO 0491326) ADJ1986626 (SFO 0494011)
Regular
Apr 26, 2009

MICHAEL EMBLEY vs. CITY OF SAUSALITO; LEGALLY UNINSURED

This Workers' Compensation Appeals Board (WCAB) order denies reconsideration of a previous decision concerning Michael Embley versus the City of Sausalito. The WCAB adopted the findings and reasoning of the workers' compensation administrative law judge in their entirety. Therefore, the petitions for reconsideration filed by the parties are formally denied. The order was dated and filed on April 26, 2009.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONCITY OF SAUSALITOLEGALLY UNINSUREDADMINISTRATIVE LAW JUDGEPETITIONS FOR RECONSIDERATIONADOPT AND INCORPORATEDENIEDALFONSO J. MORESISERVICE MADE BY MAIL
References
Case No. ADJ8680977
Regular
Apr 28, 2014

Albert Johnson vs. Southwest Airlines, ACE USA Insurance

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
References
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