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Case Law Database

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

Case No. ADJ6824732
Regular
Sep 06, 2012

SHEILA CORREIA, KENNETH BURNETT (Deceased) vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE COMPANY, CHARTIS, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a deceased worker, Kenneth Burnett, diagnosed with mesothelioma due to asbestos exposure. The sole issue was determining the date of last injurious exposure to establish liability. The Workers' Compensation Appeals Board denied reconsideration of the judge's decision. The judge found the applicant's medical expert's opinion on a five to ten-year latency period to be more persuasive than the defendant's expert's twenty-year period. This led to a finding that the decedent's last injurious asbestos exposure occurred between 1996 and 2001, during his employment with Verizon.

MesotheliomaLatency PeriodAsbestos ExposureDate of Last Injurious ExposureLC §5500.5LC §5412Verizon CommunicationsSedgwick Claims Management ServicesDr. LurosDr. Raybin
References
Case No. ADJ9455453 ADJ9455451
Regular
Aug 17, 2018

RICHARD YUBETA vs. WEATHERBY FURNITURE, HARTFORD INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, AMERICAN ALTERNATIVE INSURANCE CORPORATION, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level. The Board found the WCJ's determination of a new, unpled cumulative injury and its associated date of injury questionable. Specifically, the medical evidence, particularly from Dr. Schaffzin, leans towards a single cumulative injury rather than two separate ones. If a second cumulative injury is found on remand, the WCJ must re-evaluate the Labor Code section 5412 date of injury and the LC 5500.5 liability period based on actual disability and knowledge of the injury.

WCABReconsiderationCumulative InjuryDate of InjuryLabor Code 5412Labor Code 5500.5DisabilityWage LossMedical TestimonyDepositions
References
Case No. ADJ8555171, ADJ10259448, ADJ11129372
Regular
Apr 28, 2023

APOLINAR DEL HOYO vs. ARCHSTONE HARBORVIEW, ACE GROUP/ESIS, IRVINE COMPANY, FEDERAL INSURANCE/SEDGWICK

The Appeals Board rescinded the WCJ's July 21, 2020, Findings and Award and returned the matter for further proceedings. This decision stemmed from defendant Irvine Company's petition for reconsideration, arguing the WCJ failed to adequately explain its determination of Irvine as the responsible carrier for cumulative trauma injury in ADJ10259448. The Board found the WCJ's report deficient and that crucial elements for determining liability under Labor Code sections 5412 and 5500.5 were not adequately addressed or determined. Consequently, the case is remanded for the WCJ to properly address issues of injury, date of disability, knowledge of causation, and the relevant timeframes for establishing liability.

Labor Code sections 5500.55412cumulative traumadate of injurydisabilityknowledge of causationemployer liabilitystatute of limitationsWorkers' Compensation Appeals BoardOpinion and Decision After Reconsideration
References
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
Case No. ADJ8049289
Regular
Dec 04, 2012

MARCOS RODRIGUEZ vs. MCR TRANSPORT, INC., CALIFORNIA LIVESTOCK PRODUCERS

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Marcos Rodriguez's admitted injuries. The defendant argued for apportionment based on a prior claim settlement, but the Board found this lacked merit. The Board determined different rating methodologies and schedules applied to the distinct injuries and body regions, meaning the defendant failed to meet its burden of proof for apportionment or overlap. Consequently, the petition for reconsideration was denied.

WCABMARCOS RODRIGUEZMCR TRANSPORTINC.CALIFORNIA LIVESTOCK PRODUCERSYORK INSURANCE SERVICES GROUPINC.ADJ8049289Petition for ReconsiderationWCJ
References
Case No. ADJ15099173
Regular
Jan 17, 2023

GAIL MATTHEWS vs. SUTTER HEALTH SYSTEM OFFICE, SUTTER HEALTH SACRAMENTO

The Workers' Compensation Appeals Board affirmed the trial judge's findings of fact. The defendant sought reconsideration, arguing the trial judge erred by not determining a date of injury under Labor Code §5412 for a cumulative trauma claim. However, the Board found the defendant failed to raise this issue at trial and stipulated to the employment period. The Board clarified that Labor Code §5412 defines the date of injury, not the definition of cumulative trauma itself.

Workers' Compensation Appeals BoardReconsiderationCumulative traumaDate of injuryLabor Code 5412Labor Code 3208.1Medical treatmentPermanent disabilityPQMEDr. Sclafani
References
Case No. ADJ8672614
Regular
Aug 07, 2015

ROBERT OSBORN vs. COUNTY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATORS

This case involves Robert Osborn, a correctional sergeant, who filed a workers' compensation claim for Hepatitis C contracted in 2006. The County of Fresno is challenging the finding that the presumption of injury under LC 3212.8 applies to a correctional sergeant, arguing the applicant did not prove specific exposure or that the injury was work-related. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's report which found the presumption applicable to the applicant's role. The WCJ determined that correctional sergeants are engaged in "active law enforcement" and that LC 3212.8 does not require proof of specific exposure, only that the disease manifested during service.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCorrectional SergeantHepatitis CPresumption of InjuryLC 3212.8Active Law EnforcementCustodial EmergenciesCumulative Trauma
References
Case No. ADJ8477952
Regular
Jan 15, 2013

ADAN CASTANEDA, JOAQUINA CASTANEDA vs. CITY OF ROSEMEAD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding death benefits. The Board found that the Workers' Compensation Judge (WCJ) adequately considered all evidence, and the defendant's accusations of partiality were unfounded. The Board affirmed the WCJ's reliance on specific physician reports and the applicant's widow's testimony, which established a causal link between the applicant's industrial injuries and his death. The Board also recommended sanctions against defense counsel for using unprofessional and intemperate language.

Workers' Compensation Appeals BoardAdan CastanedaJoaquina CastanedaCity of RosemeadState Compensation Insurance FundADJ8477952Order Denying Reconsiderationsubstantial evidenceWCJReport and Recommendation on Petition for Reconsideration
References
Case No. ADJ7454224, ADJ7135204
Regular
Mar 10, 2016

JEFF REECE vs. SAN BERNARDINO COUNTY PROBATION DEPARTMENT, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration of a prior award regarding applicant Jeff Reece's back and shoulder injury. The primary amendment to the award concerns the reimbursement of $\$5,542.23$ to the California Law Enforcement Association (CLEA). The Board found that CLEA has withdrawn its lien, therefore neither the applicant nor the defendant is required to reimburse CLEA. All other findings and awards, including the $25\%$ permanent disability rating and entitlement to further medical treatment, were affirmed.

Workers' Compensation Appeals BoardSan Bernardino County Probation DepartmentPermissibly Self-InsuredIndustrial InjuryPermanent DisabilitySelf-Procured Medical TreatmentLaser Spine InstituteCalifornia Law Enforcement AssociationLien WithdrawalTemporary Disability Indemnity
References
Case No. ADJ8497093
Regular
May 12, 2017

BERJ ALIKSANIAN vs. EARTHSPECTIVES/HKR ENGINEERING, INC., RLI INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC./TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a petition for reconsideration of a workers' compensation decision. The applicant claimed a cumulative trauma injury to his back. The defendant insurer argued that the date of injury was earlier, based on Labor Code section 5412. The Appeals Board granted reconsideration to amend the findings of fact. The Board clarified that the date of injury is November 16, 2011, pursuant to Labor Code section 5412, as this was the date of the applicant's first compensable disability and his last day of employment, aligning with the medical opinion of the Agreed Medical Examiner.

Workers' Compensation Appeals Boardcumulative trauma injuryLabor Code section 5412date of injurycompensable temporary disabilitywage losscompensable permanent disabilityAgreed Medical Examiner (AME)specific injurycumulative trauma exposure
References
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