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

Case No. ADJ4255365 (OAK 0310034)
Regular
Dec 05, 2013

KEITH FRESE vs. CAMERON BUILDERS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed a finding of 100% permanent disability for an industrial back injury, reversing its earlier finding regarding apportionment. The agreed medical examiner's apportionment opinion was deemed insufficient as it failed to explain the basis or specific percentage of non-industrial contribution to the current disability. The defendant failed to meet its burden of proof for apportionment. Applicant presented substantial evidence of an inability to return to the labor market due to the injury.

Workers Compensation Appeals BoardKeith FreseCameron Builders Inc.State Compensation Insurance FundOpinion and Decision After ReconsiderationIndustrial InjuryBack InjurySleep ImpairmentCarpenterTotal Permanent Disability
References
Case No. ADJ9053549
Regular
Sep 21, 2018

KEITH FOURNIER vs. CITY OF TORRANCE

The Appeals Board affirmed the finding of presumptive industrial heart injury for the applicant, Keith Fournier, a police officer, but rescinded the finding of industrial skin cancer. The Board found the WCJ correctly applied the heart trouble presumption under Labor Code section 3212.5. However, further proceedings are required to clarify the applicant's permanent disability rating for actinic keratosis and to fully develop the record regarding temporary disability, including the impact of the applicant's retirement.

WORKERS' COMPENSATION APPEALS BOARDCITY OF TORRANCEKEITH FOURNIERPOLICE OFFICERPRESUMPTIVE HEART INJURYLABOR CODE SECTION 3212.5ACTINIC KERATOSISSKIN CANCERWHOLE PERSON IMPAIRMENTTEMPORARY DISABILITY
References
Case No. ADJ7852424, ADJ7938790
Regular
Mar 24, 2015

KEITH RAKONCZA vs. COUNTY OF STANISLAUS

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award for Keith Rakoncza. The Board denied reconsideration, adopting the judge's report which found that the defendant's arguments regarding apportionment and the applicability of Labor Code section 4658(d)(2) were unfounded. The judge found that the defendant's attempt to apportion disability retroactively was unjust and not supported by substantial evidence. Additionally, the judge determined that Labor Code section 4658(d)(2) applied because the defendant failed to make a timely offer of work within 60 days of the applicant's permanent and stationary date.

Workers' Compensation Appeals BoardKeith RakonczaCounty of StanislausYork Risk Services GroupInc.ADJ7852424ADJ7938790Petition for ReconsiderationLabor Code section 4658(d)(2)heart injury
References
Case No. ADJ843966 (SDO 0338705)
Regular
Dec 13, 2013

Reed Thomas Kirby vs. Arthur Gonzales, STATE FARM INSURANCE COMPANY, KEITH PATRICK DONNELLY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award. The WCAB affirmed the finding that the applicant sustained an injury while employed as a tree trimmer by an uninsured employer, Keith Patrick Donnelly. However, the WCAB amended the award to reflect that liability rests solely with the uninsured employer, not the Uninsured Employers Benefits Trust Fund (UEBTF), as UEBTF's liability is derivative. The WCAB rejected arguments that the City of San Diego was also responsible and confirmed the applicant is entitled to benefits from Donnelly.

Uninsured Employers Benefits Trust FundUEBTFKeith Patrick DonnellyTarzan Tree SpecialistsArthur GonzalesState Farm Insurance Companytree trimmerderivative defendantLabor Code section 3352(h)City of San Diego
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
Case No. ADJ179514 (STK145833) ADJ2071863 (STK145835)
Regular
May 05, 2010

KEITH SCOTT vs. C B RICHARD ELIS, INC., ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to issue two separate awards for the applicant's two industrial injuries, rather than a single joint award. This aligns with recent case law and statutory changes requiring apportionment to distinct industrial injuries. The judge correctly applied the principle that separate awards are necessary when an AME can apportion disability between injuries, as occurred here. The prior award's value was credited equally to both new awards, and the new overall disability was split between them.

Workers' Compensation Appeals BoardKeith ScottC B Richard ElisInc.Zurich North American InsuranceADJ179514ADJ2071863Reconsideration DeniedBenson v. Workers' Comp. Appeals Bd.Wilkinson doctrine
References
Case No. ADJ3887102 (STK 0178493) ADJ7138642
Regular
Jan 13, 2012

KEITH AUSTIN vs. DANA MOTORS, PREFERRED EMPLOYER INSURANCE COMPANY, CIGA on behalf of LEGION INSURANCE COMPANY in liquidation

In this case, the defendant sought reconsideration of a decision that found the injured worker's cumulative trauma claim was not time-barred. The parties had stipulated that the sole issue for trial was the statute of limitations, not the existence of the injury itself. The Appeals Board granted the petition to amend the findings, clarifying that the cumulative trauma claim is not barred by the statute of limitations. All other issues, including the extent of injury, are deferred for further proceedings.

Workers' Compensation Appeals BoardKeith AustinDana MotorsPreferred Employer Insurance CompanyCIGALegion Insurance Companycumulative trauma injurystatute of limitationsLabor Code section 5412arising out of and in the course of employment
References
Case No. ADJ8493308, ADJ8529858
Regular
Sep 24, 2015

KEITH KENNARD vs. KAISER FOUNDATION HOSPITAL

This case concerns Keith Kennard's petition for reconsideration of the Workers' Compensation Appeals Board's (WCAB) denial of his claim for psychiatric injury. Kennard alleged his employer, Kaiser Foundation Hospital, caused his injury through harassment and retaliation. The WCAB adopted the Workers' Compensation Judge's report, which found insufficient evidence that employment was the predominant cause of the alleged psychiatric injury, relying on the opinion of a Qualified Medical Evaluator. Consequently, the WCAB denied Kennard's petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportpsychiatric injurycumulative traumadata analystKaiser Foundation HospitalSedgwick CMSdue processfraud
References
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
References
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