Updated Daily
Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.
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.
This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.
Here's a summary of the case for a lawyer, in max four sentences: The Appeals Board granted reconsideration, overturning the WCJ's apportionment of permanent disability. The Board found that the applicant's industrial psyche injury aggravated Parkinson's disease, causing brain injury and permanent mental incapacity. This condition conclusively presumes total permanent disability under Labor Code section 4662(a)(4), precluding apportionment. Therefore, the applicant is found totally permanently disabled without apportionment.
This case involves an applicant seeking approval for disc replacement surgery for a work-related back injury. The defendant argued the surgery is experimental per ACOEM guidelines, thus not covered. The Board denied reconsideration, finding the applicant's physician rebutted the presumption of experimental status. The Board determined the surgery is no longer experimental, citing FDA approval, and is reasonably required for the applicant's specific condition, supported by expert medical opinion.
This case concerns a dispute over the necessity and causation of left knee replacement surgery. The defendant argued the surgery was due to degenerative disease, not the industrial injury. The Workers' Compensation Appeals Board granted reconsideration primarily to address attorney's fees for enforcing the medical treatment award. The Board ultimately affirmed the original decision regarding the surgery while amending it to include attorney's fees.
The Appeals Board granted reconsideration, reversing the prior finding on the applicant's occupational group number from 560 to 380 (painter), based on evidence of the applicant's actual job duties. The Board also modified the decision regarding apportionment, accepting the Agreed Medical Evaluator's opinion that 10% of the disability should be apportioned to pre-existing degenerative disease. However, the Board affirmed the application of the 1997 Permanent Disability Rating Schedule, as temporary disability payments were terminated before January 1, 2005, triggering notice requirements. Ultimately, the applicant's permanent disability was reduced to 63% after apportionment.
The Workers' Compensation Appeals Board denied reconsideration of a Legionnaires' disease claim. The applicant contracted the disease during a business trip abroad, which was deemed to have arisen out of and in the course of employment. The Board found the applicant was exposed to a special risk due to travel, distinguishing this case from prior precedents involving non-infectious diseases. Therefore, the Board upheld the compensability of the applicant's injury.
This case involves a worker's compensation applicant who claimed her left knee injury occurred when she fainted at work on February 8, 2017. Medical reports from her treating physicians documented acute left knee pain, a torn lateral meniscus, degenerative changes, and temporary total disability following the incident. The Workers' Compensation Appeals Board found the applicant's testimony credible, supported by medical evidence, and determined the injury arose out of and occurred in the course of employment. Therefore, the employer's petition for reconsideration was denied.
The Appeals Board rescinded a penalty against CIGA for delayed temporary disability payments, finding penalties are not covered claims. The Board also amended the award to apportion one-third of the applicant's permanent disability to pre-existing degenerative disease, reducing the awarded permanent disability based on Dr. Berman's opinion. Consequently, the applicant's awarded permanent disability is reduced to 51%.
Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.