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

Case No. ADJ3347998 (LAO 0774299)
Regular
Jun 07, 2010

JOSEPH JONES vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration, rescinding the WCJ's finding of employment for applicant Joseph Jones. Defendant County of Los Angeles argued applicant was not a volunteer, thus not an employee. The Board found applicant's testimony indicated he felt compelled to work as a trustee due to threat of transfer, not voluntary agreement, negating an employment relationship under Labor Code section 3351. Furthermore, applicant did not qualify under Penal Code section 4017 as he was awaiting trial and not engaged in fire suppression activities.

Workers' Compensation Appeals BoardJoseph JonesCounty of Los AngelesSheriff's DepartmentTristarFindings of FactWorkers' Compensation Judge (WCJ)Employment RelationshipVolunteerInmate
References
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
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ11604315
Regular
Mar 20, 2023

JOSEPH HERNANDEZ vs. PLEASANT VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILATION, STATE COMPENSATION INSURANCE FUND

This case concerns Joseph Hernandez's workers' compensation claim for heart trouble against Pleasant Valley State Prison. The applicant's claim was initially denied but subsequently granted after reconsideration. The defendant's Petition for Reconsideration was denied by the Appeals Board. The core issue revolved around the timing of the applicant's hypertension diagnosis, with the defense relying on a non-existent medical record to establish it as pre-existing. The Board found the defendant failed to rebut the statutory heart trouble presumption for correctional officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedADJ11604315Pleasant Valley State PrisonCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundJoseph HernandezCorrections Officer
References
Case No. ADJ2136789 (MON 0357209)
Regular
Feb 27, 2012

ROBERT FLORES vs. GARNET PROTECTIVE SERVICES AND SECURITY, INC., JOSEPH'S CAFE, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and found the applicant was solely employed by Garnet Protective Services, not Joseph's Cafe. The Board further determined the applicant did not sustain an industrial injury on July 12, 2007. The majority concluded the applicant's commute to an extra shift did not constitute a special mission and fell under the "going and coming" rule. A dissenting commissioner argued the extra shift constituted a special mission, making the injury compensable.

Workers' Compensation Appeals BoardGarnet Protective ServicesJoseph's CafePennsylvania Manufacturers' Insurance CompanyUninsured Employers Benefits Trust FundPetition for ReconsiderationArbitrator's DecisionEmployee StatusDual EmploymentSpecial Employer
References
Case No. VNO 0510043
Regular
Jan 11, 2008

JOSEPH HERRERA (Deceased) CONNIE HERRERA (Widow) vs. CITY OF MONTEBELLO, Permissibly Self-Insured, Adjusted By HAZELRIGG RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a previous decision. The amended decision specifies the death benefit for the deceased applicant, Joseph Herrera, as $125,000.00, payable weekly from the date of death. The rest of the November 5, 2007 decision was affirmed.

Workers' Compensation Appeals BoardJoseph Herrera (Deceased)Connie Herrera (Widow)City of MontebelloHazelrigg Risk ManagementOpinion and Order Granting ReconsiderationDecision After ReconsiderationWCJ reportdeath benefit$\$ 125
References
Case No. ADJ410642 (FRE 0218111)
Regular
Jul 21, 2009

PATRICK SLENDERS vs. JOSEPH GALLO FARMS, STATE COMPENSATION INSURANCE FUND, ALASKA NATIONAL INSURANCE COMPANY

This case concerns whether Patrick Slenders sustained a cumulative industrial injury to his right knee between July 14, 2002, and February 21, 2003, while employed by Joseph Gallo Farms. The defendant insurers, State Compensation Insurance Fund (SCIF) and Alaska National Insurance Company, sought reconsideration of a prior decision finding such an injury occurred. They argued the primary treating physician's opinion was not substantial evidence and did not meet the legal definition of cumulative trauma. The Appeals Board affirmed the finding, holding that the physician's opinion, detailing progressive deterioration of the knee due to work use, constituted substantial evidence of a compensable cumulative trauma injury.

Workers' Compensation Appeals BoardPatrick SlendersJoseph Gallo FarmsState Compensation Insurance FundAlaska National Insurance CompanyReconsiderationIndustrial InjuryRight KneeCumulative TraumaDr. David E. Taylor
References
Case No. ADJ9012109
Regular
Jun 12, 2014

ROSALIO NAVA vs. JOSEPH GALLO CATTLE COMPANY, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of *Rosalio Nava v. Joseph Gallo Cattle Company; Seabright Insurance Company*. The WCAB adopted the Administrative Law Judge's report, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm as required by WCAB Rule 10843. Consequently, the petition for removal was denied.

Petition for RemovalWCAB Rule 10843Substantial PrejudiceIrreparable HarmSupplemental PetitionDenying RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportApplicantDefendant
References
Case No. ADJ8641731
Regular
Jan 17, 2017

CONCEPCION VASQUEZ vs. PROVIDENCE SAINT JOSEPH MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed Providence Saint Joseph Medical Center's Petition for Reconsideration and denied their Petition for Removal. The defendant sought a replacement psychiatric QME panel, arguing the chosen QME, Dr. Pretsky, failed to respond to a request for a supplemental report within the 60-day timeframe. The Board found the WCJ's order was not a final decision, thus improper for reconsideration. Furthermore, they determined that removal was unwarranted as the defendant failed to show substantial prejudice or irreparable harm, and a lengthy delay in objecting indicated a potential waiver of the timeliness issue.

Workers' Compensation Appeals BoardProvidence Saint Joseph Medical CenterSedgwick Claims Management ServicesConcepcion VasquezQualified Medical EvaluatorQME panelpsychiatrysupplemental reportAdministrative Director Rule 38(i)Petition for Reconsideration
References
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