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Case Law Database

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

Case No. ADJ7505154

Regular

Nov 18, 2011

LATONYA SIMS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board granted reconsideration to rescind an earlier finding that applicant LaTonya Sims sustained an injury arising out of and in the course of employment. The Board determined that the robbery and assault were not sufficiently connected to her employment as a bus operator. Citing case law, the Board concluded that personal assaults, such as this robbery for the applicant's purse and cash, do not arise out of employment when the employment merely provides a stage for the event and the assailant's motive is purely personal. Therefore, the applicant's claim was denied.

Workers' Compensation Appeals BoardLatonya SimsLos Angeles County Metropolitan Transportation Authoritybus operatorinjury arising out of employmentinjury in course of employmentpersonally motivated robberygoing and coming rulethird-party assaultbunkhouse rule

References

Case No. POM 0246071, POM 0246072, POM 0259445, POM 0259446

Regular

Mar 10, 2008

ROBERT SIMS vs. WEISS SHEET METAL COMPANY, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, ARGONAUT INS. CO.

This case involves the State Compensation Insurance Fund (SCIF) seeking reconsideration of an arbitrator's decision that established a continuous trauma injury period for Robert Sims. The arbitrator determined SCIF was the liable carrier based on their policy covering the applicant's last day of employment, December 20, 2000. The Appeals Board affirmed the arbitrator's decision, finding SCIF received due process and that determining insurance coverage necessarily requires establishing the date of injury.

Workers' Compensation Appeals BoardContinuous Trauma InjuryDate of InjuryLabor Code Section 5500.5Labor Code Section 5412Insurance CoverageDue ProcessArbitrator's DecisionReconsiderationState Compensation Insurance Fund

References

Case No. ADJ7863761

Regular

Feb 17, 2018

AMBER SIMS vs. CALIFORNIA WATER SERVICE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should not have been taken off calendar for a re-evaluation with an Agreed Medical Evaluator (AME), but proceeded to trial on new and further disability. The Board found no substantial prejudice or irreparable harm would result from denying removal, and that reconsideration would be an adequate remedy. The decision relied on the WCJ's report, which concluded that a re-evaluation by the AME was appropriate under Labor Code §4067, and that a medical report is not a prerequisite to filing a petition to reopen.

References

Case No. ADJ6487753

Regular

Aug 21, 2014

NATHANIEL SIMS, II vs. VALLEY EXPRESS, INC., STATE FARM CALIFORNIA WORKERS' COMPENSATION CLAIMS

This case concerns an applicant injured in 2007 who sought reimbursement for home health care services provided by his spouse. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the impact of new Labor Code section 4600(h), enacted in 2013. The WCAB determined that the statute applies to this case as no final decision had been reached before its effective date. While acknowledging the employer's liability began on December 26, 2011, the WCAB deferred the issue of whether liability commenced earlier, pending further development of the record on the prescription date.

Workers Compensation Appeals BoardReconsiderationAmended Findings of FactOrderIndustrial InjuryRight ArmPsycheRSDAgreed Medical EvaluatorHome Support

References

Case No. ADJ7818378 ADJ8556286

Regular

Nov 06, 2017

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved Attorney Kyle Nielsen's petition to disqualify Workers' Compensation Judge Geoffrey H. Sims, alleging bias. Nielsen cited the judge's fee award ruling, decision to set a trial, misspelling of his name, and order for personal appearance as evidence of bias. The Workers' Compensation Appeals Board denied the petition, finding no grounds for disqualification. The Board noted the petition lacked a required affidavit and that the cited actions did not demonstrate actual bias or prejudice.

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration

References

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LATONYA SIMS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

ROBERT SIMS vs. WEISS SHEET METAL COMPANY, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, ARGONAUT INS. CO.

AMBER SIMS vs. CALIFORNIA WATER SERVICE COMPANY

NATHANIEL SIMS, II vs. VALLEY EXPRESS, INC., STATE FARM CALIFORNIA WORKERS' COMPENSATION CLAIMS

Workers Compensation Appeals BoardReconsiderationAmended Findings of FactOrderIndustrial InjuryRight ArmPsycheRSDAgreed Medical EvaluatorHome Support

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration