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

Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. ADJ9187841
Regular
Nov 01, 2016

LAURA SCHELBERT vs. CITY OF BRENTWOOD

The Workers' Compensation Appeals Board (WCAB) denied Laura Schelbert's Petition for Removal in this case against the City of Brentwood. Removal is an extraordinary remedy, only granted when substantial prejudice or irreparable harm would occur and reconsideration would not be an adequate remedy. The WCAB found that Schelbert failed to demonstrate these exceptional circumstances, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition was denied.

Petition for RemovalDenying RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals BoardWCJ ReportExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.
References
Case No. ADJ9635767
Regular
Jun 27, 2016

TOBY WILSON vs. KAISER PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied Toby Wilson's Petition for Reconsideration. The Board found applicant's attorney engaged in misconduct by raising new issues, misrepresenting facts, and relying on inadmissible evidence. Medical evidence failed to establish a work-related causation for the claimed left shoulder and hand injury due to inconsistencies and lack of medical certainty. The applicant did not meet her burden of proof, and the Board adopted the WCJ's report in its entirety.

Petition for ReconsiderationWCABKaiser PermanenteAthens AdministratorsToby WilsonFletcher Bernard BrownWCJ reportAppeals Board Rule 10842(a)sanctionsADJ9635767
References
Case No. ADJ7435803
Regular
May 16, 2011

LAURA GOMEZ vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed applicant Laura Gomez's petition for reconsideration of an order approving attorney's fees. The Board found the order was not a final determination and was rendered void by the applicant's attorney filing for reconsideration within the 30-day objection period. Furthermore, the applicant failed to demonstrate the extraordinary circumstances required for a petition for removal. The Board also admonished the applicant's attorney for potentially frivolous conduct and disregard for board resources.

Workers' Compensation Appeals BoardLaura GomezCitrus Valley Health PartnersTravelers InsuranceADJ7435803Opinion and Order Dismissing ReconsiderationLabor Code Section 5710Attorney's FeeDepositionWCJ
References
Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
Case No. ADJ8636173
Regular
Jun 14, 2016

MICHAEL WILSON vs. HARLEM GLOBETROTTERS INTERNATIONAL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involved a workers' compensation claim by Michael Wilson, a former Harlem Globetrotters player, against his employer and insurer. The Workers' Compensation Appeals Board (WCAB) reversed a prior ruling, finding that California lacked sufficient connection to Wilson's injury to exercise jurisdiction. The WCAB cited *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, concluding that Wilson's temporary participation in games in California did not create a legitimate and substantial interest for the state to adjudicate the claim. Therefore, Wilson took nothing on his claim.

Workers' Compensation Appeals BoardHarlem GlobetrottersTravelers Property Casualty Company of Americaindustrial injuryprofessional basketball playerpermanent disabilityfuture medical treatmentLabor Code section 3600.5(b)reciprocity provisionsArizona Revised Statute 23-904
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ790852
Regular
Apr 05, 2016

LAURA BREITIGAN vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the award to include attorney fees on accrued unpaid permanent disability benefits and correcting clerical errors. The Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability and injury to the lumbar spine. The defendant was also admonished for filing a document exceeding the page limit without prior permission. The applicant, a nurse, sustained industrial injuries to her thoracic spine, lumbar spine, and psyche.

Workers' Compensation Appeals BoardLaura BreitiganCounty of RiversideFindings and Awardindustrial injurythoracic spinelumbar spinepsychepermanent disabilityapportionment
References
Case No. VNO 0382377, VNO 0382378, VNO 0382379
Regular
Mar 18, 2008

LAURA AGUIAR vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that awarded 93% permanent disability without adequate apportionment. The Board found that the medical reports relied upon by the WCJ did not sufficiently address apportionment to prior injuries or other factors as required by law. Consequently, the case is returned to the trial level for further development of the record and a new decision, ensuring proper apportionment and separate determinations for each injury.

Workers' Compensation Appeals BoardLaura AguiarCounty of Los AngelesPermissibly Self-InsuredVNO 0382377VNO 0382378VNO 0382379Opinion and Order Granting ReconsiderationFindings and AwardFindings of Fact
References
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