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

Case No. ADJ7826039
Regular
Nov 07, 2014

Jason Horton vs. Oakland Raiders, ACE American Insurance

In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contentions. The Board rescinded the finding of industrial psychiatric injury, finding it barred by the six-month employment rule under Labor Code section 3208.3(d). The Board affirmed the original decision regarding the 15% increase in permanent disability pursuant to Labor Code section 4658(d). Ultimately, the applicant's permanent disability rating was adjusted to 64%, and attorney fees were modified accordingly.

Industrial injuryProfessional football playerCumulative traumaPsychiatric injurySix-month ruleLabor Code § 3208.3(d)Employment contractActual servicePermanent disabilityLabor Code § 4658(d)
References
0
Case No. ADJ9602695
Regular
Sep 26, 2019

KELLY MULDROW vs. AMS OUTSOURCING/STAFFCHEX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO, SEDGWICK CMS, SENBA USA, INC., MITSUI SUMITOMO

This case concerns applicant Kelly Muldrow's claim for psychiatric injury stemming from her employment. The primary dispute revolves around the applicability of Labor Code section 3208.3(d), which generally requires six months of employment for psychiatric injury claims. The Appeals Board rescinded the initial findings, remanding the case to the trial level for further proceedings. This is because the prior ruling improperly deferred the threshold issue of section 3208.3(d)'s applicability without fully adjudicating it.

Workers' Compensation Appeals BoardKelly MuldrowAMS OutsourcingStaffchexCalifornia Insurance Guarantee AssociationCIGAUllicoSedgwick CMSSenba USAMitsui Sumitomo
References
15
Case No. ADJ9162432
Regular
Oct 23, 2017

TEODORO LARIOS vs. EASTBAY EQUITIES, INC. dba WENDY'S OLD FASHIONED HAMBURGERS, AMTRUST NORTH AMERICA

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded lien claims for psychiatric treatment. The defendant argues that Labor Code section 3208.3(d) bars these claims due to insufficient employment duration and that the prior WCAB opinion is res judicata. The WCAB granted reconsideration, rescinded the WCJ's decision, and remanded the case for further proceedings. The WCAB clarified that while psychiatric conditions may be claimed as compensable consequence injuries post-January 1, 2013, they do not increase permanent impairment ratings, and the six-month employment requirement under section 3208.3(d) still applies unless the treatment was essential for a physical injury.

Workers' Compensation Appeals BoardLabor Code Section 3208.3(d)Res JudicataMedical Treatment Utilization Schedule (MTUS)Official Medical Fee Schedule (OMFS)Independent Bill ReviewCompensable Consequence InjuryPsychiatric InjuryPermanent ImpairmentLength of Employment
References
5
Case No. ADJ7329234; ADJ7432894; ADJ7434559; ADJ7433683
Regular
Dec 02, 2014

KATHY WASSON vs. COUNTY OF PLUMAS

The Appeals Board granted reconsideration, rescinding the prior denial of industrial injury for psyche and heart claims. While applicant sustained a compensable psychiatric injury due to workplace events, compensation is barred by Labor Code section 3208.3(h) as it was substantially caused by good faith personnel actions. However, applicant's heart injury, presumed compensable under Labor Code section 3212, remains compensable as the presumption was not rebutted and section 3208.3(h) does not apply. Further proceedings will address the sleep disorder claim and other deferred issues.

Workers' Compensation Appeals BoardDeputy SheriffPsychiatric injuryHypertensionSleep dysfunctionGood faith personnel actionLabor Code section 3208.3(h)PresumptionLabor Code section 3212Heart trouble
References
24
Case No. ADJ1499047 (SAC 0273786)
Regular
Feb 07, 2011

ROBERT DOVE vs. CONTRACTOR'S LABOR POOL/PRODUCTION FRAMING, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, LIBERTY MUTUAL

The Appeals Board granted the applicant's petition for removal, reversing a prior order that denied rejoining CIGA. The applicant sustained a shoulder and spine injury and claims psychiatric sequelae, alleging general employment by Contractors Labor Pool (CLP), insured by CIGA via California Compensation Insurance Company in liquidation, and special employment by Production Framing Systems (PFS), insured by Liberty Mutual. Because the applicant may have worked for CLP for over six months but less than six months for PFS, CIGA is a necessary party to determine liability for potential psychiatric injury, as Labor Code section 3208.3(d) has specific six-month employment requirements. The Board rejoined CIGA to protect its due process rights and promote judicial economy, allowing it to participate in the adjudication of these complex liability issues.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceGeneral EmploymentSpecial EmploymentCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 3208.3(d)Psychiatric InjuryLiberty Mutual Insurance CompanyContractors Labor Pool
References
1
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. ADJ7702084
Regular
Jan 23, 2012

WILLIAM BRAGA vs. CITY OF SEBASTOPOL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns whether the City of Sebastopol is entitled to a 15% reduction in permanent disability payments to William Braga, a fire captain who sustained hearing loss. The defendant argues this reduction is permissible under Labor Code section 4658(d)(3)(A) because they offered Braga regular work. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding the statute inapplicable because Braga lost no time from work and continued his regular duties. The WCAB reasoned that Labor Code section 4658(d) is intended to incentivize employers to return injured workers to employment, a purpose not served when the employee never stopped working.

Workers Compensation Appeals BoardCity of SebastopolRedwood Empire Municipal Insurance FundFindings and AwardPetition for ReconsiderationFire CaptainCumulative PeriodHearing LossPermanent DisabilityScheduled Rate
References
4
Case No. MISSING
Regular Panel Decision

Diamond D Construction Corp. v. New York State Department of Labor (DOL) Bureau of Public Works

This decision addresses Diamond D Construction Corp.'s motion for reconsideration, challenging the court's prior denial of a preliminary injunction. The court re-evaluates its stance on Eleventh Amendment immunity, concluding that Diamond D's claim for prospective injunctive relief against the Department of Labor's enforcement actions is not barred, distinguishing previous cases like Tekkno and Yorktown. While affirming the applicability of the Younger abstention doctrine, the court acknowledges that a 'narrow' exception for bad faith or harassment by the DOL might apply. To resolve factual disputes regarding whether the DOL acted in bad faith or violated Diamond D's substantive due process rights, the court grants the motion for reconsideration in part and orders evidentiary hearings.

Federal CourtEleventh AmendmentYounger AbstentionDue ProcessProcedural Due ProcessSubstantive Due ProcessMotion for ReconsiderationPreliminary InjunctionState SovereigntyEvidentiary Hearing
References
17
Case No. MISSING
Regular Panel Decision

Dugandzic v. New York City School Construction Authority

Mirolsav Dugandzic, a painter, sued multiple defendants, including the NYCSCA, Trataros Construction, and Crowe Construction, after slipping on paint remover at Fort Hamilton High School in 1992. He alleged negligence and violations of Labor Law sections 200 and 241(6), and Industrial Code section 23-1.7(d). The defendants moved for summary judgment, arguing the accident was due to his work, they lacked notice of a dangerous condition, and no Labor Law violation. The court found the motions timely and dismissed the Labor Law section 241(6) claim, as the Industrial Code section 23-1.7(d) was deemed inapplicable to the plaintiff's self-created slippery condition. However, the court denied the dismissal of the Labor Law section 200 claim against some defendants, citing a factual dispute over supervisory control. The City's cross-motion for summary judgment was granted, dismissing all claims against it due to a lack of evidence of its supervision or control.

Labor LawIndustrial CodeWorkplace SafetySummary Judgment MotionNegligence ClaimConstruction Site AccidentSlippery FloorEmployer LiabilitySupervisory ControlHazardous Materials
References
11
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
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