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

Case No. ADJ7133587
Regular
May 16, 2011

JORGE PAZ vs. SERPA PACKAGING SOLUTION, STATE COMPENSATION INSURANCE FUND

This case concerns a venue dispute in a workers' compensation claim. The defendant argued that the case was improperly filed in Los Angeles because the applicant resided in Kings County and the injury occurred in Tulare County, making Fresno the more appropriate venue under Labor Code section 5501.5. The Workers' Compensation Appeals Board (WCAB) agreed with the defendant's timely objection to venue, which the administrative law judge failed to act upon. Therefore, the WCAB granted the petition for removal and ordered the venue changed to the Fresno district office.

Petition for RemovalVenueLabor Code section 5501.5(a)(3)WCJWorkers' Compensation Appeals BoardApplicantDefendantDistrict OfficeFresnoLos Angeles
References
Case No. ADJ7130626 ADJ7130710
Regular
Mar 07, 2013

MARK CABRERA vs. CALIFORNIA STATE PRISON KINGS COUNTY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Cabrera against the California State Prison Kings County. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the WCJ's decision. The WCAB adopted and incorporated the WCJ's report, giving great weight to the judge's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCalifornia State Prison Kings CountyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportGarza v. Workers' Comp. Appeals Bd.Credibility FindingDenied Reconsideration
References
Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
Case No. ADJ10826283
Regular
Mar 12, 2019

PETER HLINKA vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board affirmed a finding of fact that an inmate was an employee of the County of Santa Barbara for workers' compensation purposes. The inmate voluntarily applied for and accepted a work assignment in the jail, which was not a condition of his incarceration. He received consideration in the form of better housing, food, and mobility, and the County's own resolution authorizing inmate work was permissive rather than compulsory. The Board also admonished the defendant for improperly citing an unpublished case.

Inmate EmploymentWorkers CompensationCounty JailVoluntary WorkConsiderationControlPenal Code 4017Rowland v. County of SonomaPruitt v. Workers' Comp. Appeals Bd.Labor Code 3351
References
Case No. VNO 423671
Regular
Jun 13, 2008

NORMA RIVAS vs. COUNTY OF LOS ANGELES

The County of Los Angeles initially filed a petition for reconsideration but then dismissed it after changing legal counsel. The Board will dismiss this petition. Subsequently, the County filed a petition to set aside the original award; the Board grants reconsideration of the award and remands the case to the trial level to determine if good cause exists to set aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGranting ReconsiderationDecision After ReconsiderationStipulated AwardPetition to Set Aside AwardGood CauseRescinded AwardTrial Level Proceedings
References
Case No. ADJ8059593
Regular
May 30, 2017

BRIAN VON DURING vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles' petition for reconsideration. The County argued the applicant, injured while participating in a work release program, was not an employee and was exempt from workers' compensation. The Board adopted the Judge's report, upholding the original Findings and Award granting benefits. The applicant's eligibility as an employee under the work release program was implicitly confirmed.

Work release programinmate exemptionwork release applicantself-insured employerWCJ report adoptionPetition for Reconsideration denialFindings and Awardworkers' compensation eligibilityemployee statusCounty Jail exemption
References
Case No. ADJ4589994 (FRE 0246667)
Regular
Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

The Workers' Compensation Appeals Board granted reconsideration to address an internally inconsistent clause in a Stipulated Award. Defendant sought to clarify the commencement date for the State Average Weekly Wage (SAWW) adjustment to the applicant's life pension. The Board construed the ambiguous clause, drafted by the applicant's attorney, in favor of the defendant. Consequently, the SAWW increase will commence in accordance with the *Baker v. WCAB* decision, effective January 1, 2018.

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD
References
Case No. ADJ3857650 (FRE 0236521)
Regular
Oct 07, 2009

TIMOTHY REVIOUS vs. KINGS COUNTY

Reconsideration granted; affirmed award for TDI and permanent disability with amendments for credit for applicant's earnings during disability and correction of the weekly permanent disability indemnity rate.

Workers' Compensation Appeals BoardTimothy ReviousKings Countydeputy sheriffindustrial injuryhipsright kneestatute of limitationstemporary disability indemnitypermanent disability
References
Case No. ADJ6748204
Regular
Jan 17, 2012

Stewart Espinoza vs. Los Angeles County Jail, Tristar Irvine

The Workers' Compensation Appeals Board granted reconsideration and reversed a judge's finding of employment for inmate Stewart Espinoza. The Board found that Espinoza, an inmate injured while working in the County Jail kitchen, was not an employee for workers' compensation purposes. This was because a County ordinance allowed inmates to be compelled to perform labor, negating a voluntary employment relationship. Therefore, the applicant was not an employee entitled to workers' compensation benefits.

Workers' Compensation Appeals BoardLos Angeles County Jailinmate laboremployee statusvoluntary workcompulsory laborPenal Code Section 4017Government Code Section 25359SCIF v. Workmen's Comp. Appeals Bd. (Childs)Parsons v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3766392 (AHM 0088962)
Regular
Jul 02, 2013

SHIRLEY HARRELSON vs. COUNTY OF ORANGE, YORK RISK SERVICES GROUP, INC.

This case concerns Shirley Harrelson's claim of discrimination under Labor Code §132a after she voluntarily retired for service and was subsequently denied disability retirement. The Workers' Compensation Appeals Board denied reconsideration, adopting the administrative law judge's report. The Board found Harrelson was not entitled to job reinstatement under Government Code §31725.7(b) because she voluntarily retired for service prior to her disability retirement application. Furthermore, she failed to prove she suffered disadvantages due to her injury or claim.

Workers' Compensation Appeals BoardCounty of OrangeYork Risk Services GroupShirley HarrelsonGovernment Code §31725.7Phillips v. County of FresnoDepartment of Rehabilitation/State of California v. Workers' Comp. Appeals Bd.Labor Code §132aservice retirementdisability retirement
References
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