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

Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
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The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case for further proceedings regarding applicant's industrial heart injury.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. 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

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ10863775
Regular
Jul 25, 2505

HARBANS SINGH-KALER vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a January 17, 2020 Findings and Award. The Board ruled that Harbans Singh-Kaler's hypertension disability constitutes "heart trouble" under Labor Code section 3212.2, thereby exempting it from apportionment under Labor Code section 4663(e). Consequently, the WCJ's decision was amended to reflect this finding. However, the Board deferred the issues of occupational group, permanent disability, and attorneys' fees back to the trial level for further analysis.

Labor Code § 3212.2heart troublehypertensionapportionmentoccupational group 332occupational group 380chief engineercumulative injurypermanent disabilityattorney's fees
References
5
Case No. ADJ823929 (BAK 0149916)
Regular
Jun 03, 2009

CHARLES WILLIAMS vs. DEPARTMENT OF CORRECTIONS; SCIF STATE EMPLOYEES RIVERSIDE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding an award of 78% permanent disability for a correctional officer's industrial injury to his heart, cardiovascular system, and back. The Board found that Labor Code section 4663(e) prohibits apportionment of permanent disability for injuries covered by Labor Code section 3212.2, which applied here. Defendant's arguments regarding rebuttal of injury presumption and the permanent disability rating were either waived or moot due to stipulations and failure to raise issues at trial.

Workers' Compensation Appeals BoardCorrectional OfficerIndustrial InjuryHeart TroubleCardiovascular SystemBack InjuryPermanent DisabilityApportionmentLabor Code Section 3212.2Labor Code Section 4663(e)
References
7
Case No. ADJ9572711
Regular
May 20, 2019

RENE HINOJOSA vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition and granted the applicant's petition for reconsideration. The Board affirmed the original finding of injury to the psyche and cardiovascular system, including hypertension, but amended the award. Crucially, the Board found that Labor Code section 3212.2 applied due to the applicant's custodial duties, thus precluding apportionment of permanent disability for hypertension and cardiovascular disease under Labor Code section 4663(e). This resulted in an increased permanent disability rating of 73% and entitlement to a life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardstationary engineerpsyche injurycardiovascular systemhypertensionheart trouble presumptionLabor Code Section 3212.2Labor Code Section 4663(e)
References
1
Case No. ADJ8254799
Regular
Apr 21, 2014

TERRY MILLER vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to find that correctional officer Terry Miller sustained an industrial heart injury, not just hypertension, based on Labor Code section 3212.2's presumption for heart trouble in correctional officers. The WCAB overturned the judge's decision to apportion the injury, ruling that Labor Code section 4663(e) prohibits apportionment for injuries covered by the heart trouble presumption. Consequently, Miller was awarded an unapportioned 60% permanent disability rating, an increase from the original 51%.

Labor Code section 3212.2heart trouble presumptioncorrectional officerleft ventricular hypertrophycumulative traumaindustrial hypertensionunapportioned awardpermanent disabilityWasco State PrisonState Compensation Insurance Fund
References
4
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
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