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

Case No. ADJ11624608
Regular
Jul 16, 2025

LAUREL SMITH vs. STARBUCKS COFFEE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Petition for Reconsideration and/or Alternatively Removal, concerning a decision issued on May 13, 2025, has been voluntarily withdrawn by the petitioner. As a result of this withdrawal, the Workers' Compensation Appeals Board has ordered the dismissal of the petition. This dismissal is effective as of July 16, 2025.

Petition for ReconsiderationPetition for RemovalWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardStarbucks Coffee CompanySedgwick Claims Management ServicesLaurel SmithAdjudication NumberSan Luis Obispo District Office
References
Case No. ADJ9885284
Regular
May 26, 2016

Marva Smith vs. SCRIPPS HEALTH, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Marva Smith's petition for removal and disqualification of the presiding workers' compensation judge (PWCJ), adopting the PWCJ's report as the basis for the denial. Smith's challenges stemmed from a previous vexatious litigant finding. The WCAB also dismissed Smith's petition for reconsideration, finding it untimely and improper as a supplemental filing regarding the PWCJ's report. Consequently, the vexatious litigant order against Smith remains in effect.

Vexatious LitigantPetition for RemovalDisqualification of JudgePetition for ReconsiderationUntimely FilingJurisdictional Time LimitConditional FilingRule 10782(c)Rule 10848Labor Code 5900 et seq.
References
Case No. ADJ136720 (OXN 0147205)
Regular
Apr 24, 2009

ANGELA SMITH vs. WILSON ADMINISTRATIVE SERVICES, AIG COSTA MESA

This case involves a petition for reconsideration filed by Angela Smith. The Workers' Compensation Appeals Board has reviewed the petition and the report of the workers' compensation administrative law judge. For the reasons stated in the judge's report, the Board has denied Ms. Smith's petition. Therefore, the prior decision remains in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ136720ADJ403529Wilson Administrative ServicesAIG Costa MesaAngela SmithJames C. Cuneo
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. ADJ7760117
Regular
Jul 10, 2020

SAMUEL SMITH vs. KERN COUNTY SHERIFF'S DEPARTMENT, COUNTY OF KERN

This case involves Samuel Smith, a deputy sheriff, seeking workers' compensation for claimed industrial injuries to his heart. The Workers' Compensation Appeals Board rescinded the prior decision, finding the medical record regarding the applicant's heart condition insufficiently developed. The Board remanded the case for further proceedings to determine when the applicant's hypertensive heart disease developed and whether it falls under the statutory presumption of industrial injury for sheriffs. Crucially, the Board requires additional medical evidence to establish causation by a reasonable medical probability.

Workers' Compensation Appeals BoardSamuel SmithKern County Sheriff's DepartmentDeputy SheriffReconsiderationFindings Orders and AwardLumbar SpineUpper ExtremitiesGERDCardiovascular System
References
Case No. ADJ1885780
Regular
Jun 02, 2010

SANDRA SHERMAN, SANDRA SMITH vs. GRAYBAR ELECTRIC COMPANY, BROADSPIRE

This case involves a petition for reconsideration filed by Applicant Sandra Sherman (also known as Sandra Smith) against Graybar Electric Company and BroadsPIRE. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardWCJReport and RecommendationDeny on the meritsSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.
References
Case No. ADJ 1478335 (SAC 0317387)
Regular
Mar 24, 2009

GILROY SMITH (Deceased), ILIANA SMITH, ET AL. vs. RIO LINDA UNIFIED SCHOOL DISTRICT, and LIBERTY MUTUAL INSURANCE COMPANY

This case involves a deceased food service worker, Gilroy Smith, whose dependents, Iliana Smith et al., sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award after the employer, Rio Linda Unified School District, and the applicants filed petitions. The WCAB ultimately affirmed the original award, which found the admitted industrial injury caused 39% permanent disability and death due to an aggravation of hepatitis C. The employer's contention that the injury did not cause death was rejected, and the applicants' claim for temporary disability was also affirmed implicitly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityDeath BenefitsHepatitis CQualified Medical EvaluatorIndustrial InjuryFood Service WorkerTemporary Disability IndemnitySubstantial Evidence
References
Case No. ADJ10204439
Regular
Sep 02, 2016

JEFF SMITH vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for reconsideration. The Board found that Deputy Sheriff Jeff Smith's injury, sustained en route to mandatory employer-ordered training, fell under the "special mission" exception to the "going and coming rule." The training's deviation in location, time, and nature from Smith's regular duties satisfied the three-part test for a special mission. Therefore, Smith's injury was deemed to have arisen out of and occurred in the course of employment.

going and coming rulespecial mission exceptionspecial errand exceptionDeputy Sherifftraffic investigation classBen Clark Training Centermotor vehicle accidentcourse of employmentroutine dutiesemployer's benefit
References
Case No. ADJ873701 (ANA 0299104) ADJ1741214 (ANA 0299113)
Regular
Sep 04, 2018

SHELLEE SMITH vs. SMITH'S FOOD AND DRUG, a subsidiary of the Kroger Company, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an untimely denial of a request for zolpidem by the defendant employer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the trial judge's decision on medical necessity lacked substantial evidence due to a missing medical report. The matter is returned to the trial level to determine the reasonableness and necessity of the zolpidem treatment based on the correct evidence. The WCAB clarified that even with an untimely denial, the applicant must still prove the medical necessity of the requested treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardZolpidemUtilization ReviewIndependent Medical ReviewRequest for AuthorizationUntimely DenialMedical NecessityBurden of Proof
References
Case No. ADJ7761887
Regular
Feb 25, 2014

OMAR SMITH vs. NEW YORK GIANTS, GULF INSURANCE

The Workers' Compensation Appeals Board granted the New York Giants' petition for reconsideration, reversing the trial judge's decision. The Board found that a mandatory forum selection clause in Omar Smith's employment contracts, requiring New Jersey law and jurisdiction for disputes, was reasonable and enforceable. Applying the precedent set in *McKinley v. Arizona Cardinals*, the Board determined there was a limited connection to California regarding Smith's employment and claimed injury. Therefore, the WCAB declined to exercise jurisdiction and ordered that Smith take nothing on his claim.

WCABreconsiderationforum selection clauseNew Jersey Workers' Compensation CommissionMcKinley v. Arizona Cardinalsexclusive jurisdictioncumulative injurypermanent disabilityindustrial injuryprofessional athlete
References
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