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

Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

National Labor Relations Board v. Goodman

This case involves an appeal concerning the interaction between the National Labor Relations Act and the Bankruptcy Code. Appellants, the NLRB and the Union, challenged a Bankruptcy Court order that shielded James M. Goodman and Goodman Automatic Sprinkler Corporation (GASC) from labor law liabilities based on Goodman's Chapter 7 discharge. The District Court affirmed that Goodman's personal discharge protects him from pre-petition monetary and non-monetary obligations arising from a rejected collective bargaining agreement. However, the court reversed the Bankruptcy Court's finding that GASC was also shielded, concluding that Goodman's discharge does not protect GASC from alleged obligations. The case was remanded to the bankruptcy court for further proceedings, including a determination of the alter-ego status of Goodman and GASC under applicable labor law standards.

BankruptcyChapter 7National Labor Relations ActUnfair Labor PracticesAlter Ego DoctrineCollective Bargaining AgreementDischargeable DebtsPrimary JurisdictionLabor LawEmployer Obligations
References
16
Case No. ADJ9507607
Regular
Nov 14, 2017

ROBERT HAVAY vs. STATE OF CALIFORNIA, Legally Uninsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case for further proceedings regarding applicant's industrial heart injury. While the Board affirmed the finding of pulmonary permanent disability based on AMA Guides application, they found the WCJ erred in applying the heart injury presumption under Labor Code section 3212. The matter is remanded to allow analysis under Labor Code sections 3212.2 or 3212.10, and to determine if extreme physical or emotional industrial stress contributed to the applicant's permanent disability.

WCABRobert Havaycorrectional sergeantindustrial injuryheart injurypulmonary systempermanent disability3212 presumptionSamuel L. SobolM.D.
References
2
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. ADJ7497019
Regular
Mar 14, 2019

ROBERT WILLIAM BATES vs. COUNTY OF SAN MATEO, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained two cumulative heart injuries as a deputy sheriff. The defendant sought to apportion permanent disability between these injuries, citing Labor Code section 4664(a) and the *Benson* case. However, the Board ruled that Labor Code section 4663(e) prohibits apportionment to causation for injuries presumed industrial under Labor Code section 3212, overriding general apportionment rules. Therefore, the applicant's full permanent disability rating was awarded without apportionment.

Workers Compensation Appeals BoardCumulative InjuryHeart Trouble PresumptionLabor Code Section 3212ApportionmentLabor Code Section 4663(e)Benson v. WCABDeputy SheriffPermanent DisabilityAgreed Medical Evaluator
References
15
Case No. ADJ6743994
Regular
Jan 24, 2011

STANLEY HOLDER vs. COUNTY OF NEVADA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration and denied the defendant's. The WCAB found the applicant's heart condition to be industrially caused based on the presumption under Labor Code section 3212.5, overriding the AME's fluctuating opinion. Permanent disability was increased from 4% to 20% and apportionment was disallowed under Labor Code section 4663(e). Finally, the defendant was denied a 15% reduction in permanent disability payments under Labor Code section 4658 because they failed to strictly prove an offer of regular work in the statutorily prescribed form and manner.

Industrial injuryDeputy SheriffCirculatory systemHeart diseasePermanent disabilityApportionmentAgreed Medical Evaluator (AME)ReconsiderationLabor Code section 3212.5Heart trouble presumption
References
6
Case No. ADJ10782441 ADJ9193836
Regular
Apr 15, 2019

Stacy Smith vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to affirm the applicability of Labor Code section 3212 presumptions for hypertension and hernia injuries to an ocean lifeguard. However, the Board amended the decision to defer issues of permanent disability and apportionment. This deferral is due to the apparent conflict between the WCJ's 50% apportionment of hernia disability and the non-attribution clause of Labor Code section 3212. The Board returned these issues to the trial level for further hearing and determination.

Workers' Compensation Appeals BoardLabor Code Section 3212Heart trouble presumptionHernia presumptionFire department memberOcean lifeguardCumulative injuryLumbar spine injuryRight knee injurySkin injury
References
5
Case No. ADJ7941040
Regular
Sep 30, 2014

JESSE NICASIO vs. CITY OF MODESTO, Administered by YORK INSURACE SERVICES

The applicant, a former fire chief, sustained industrial injuries to his heart and multiple myeloma. The Appeals Board affirmed the WCJ's finding that his heart trouble was industrially caused, based on the presumption under Labor Code section 3212 and the AME's opinion that it developed during employment. Regarding cancer, the Board found the applicant's multiple myeloma developed within the statutory timeframe, making it presumptively compensable under Labor Code section 3212.1, and the defendant failed to rebut this presumption. Therefore, the applicant is entitled to benefits for both conditions.

Labor Code section 3212.1heart trouble presumptioncancer presumptionmultiple myelomabenzene exposureleft ventricular hypertrophyfire chieflatency periodmanifestationdevelopment
References
21
Case No. ADJ17388371
Regular
Sep 25, 2025

Doug McCullough vs. Modesto Fire Department, Salida Fire Protection Department District

The defendant, Modesto Fire Department, sought reconsideration of a June 12, 2025, Findings of Fact and Order which imposed two penalties on them for unreasonably delayed benefits to the applicant under Labor Code Section 5814.3. The Appeals Board denied the Petition for Reconsideration, adopting the Workers' Compensation Judge's report. The Board concluded that the defendant had sufficient information to apply the presumption of industrial causation under Labor Code Section 3212.1 and unreasonably denied both inter vivos and death claims, thereby warranting the penalties. The decision also noted a failure to provide accurate notice of case transmission to the Appeals Board as required by Labor Code section 5909(b)(1).

WCABPetition for ReconsiderationLabor Code Section 5909TransmissionSixty-Day PeriodNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationFindings of Fact and OrderLabor Code Section 5814.3
References
0
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
7
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