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

Case No. ADJ7534513; ADJ7596521
Regular
May 29, 2012

WADE GAVIN vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant, Wade Gavin, seeking workers' compensation benefits for two separate knee injuries. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (ALJ) findings. The ALJ found that the applicant's second claim, filed after termination from employment, was barred by the post-termination statute. This decision was based on the ALJ's finding that the applicant lacked credibility and was intentionally vague about the injury date, while also finding that a timely objection to hearsay evidence was not made. The WCAB adopted the ALJ's report, emphasizing the great weight given to the ALJ's credibility determinations.

Workers' Compensation Appeals BoardCalifornia Men's ColonyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Labor Code §3600(a)(10)post termination statutehearsaycredibility
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. ADJ9172692
Regular
Feb 25, 2016

TIMOTHY FRYE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant who claimed a cumulative industrial injury to his heart, knees, hip, cardiovascular system, and hypertension. The defendant sought reconsideration, arguing for separate injury periods for orthopedic and internal conditions. The Board denied the petition, upholding the finding of a single cumulative trauma period ending on the applicant's last day of employment. The Board found no evidence that the applicant knew his disability was work-related prior to consulting an attorney, thus establishing the date of injury as post-employment.

Cumulative traumaDate of injuryIndustrial injuryCardiovascular systemHypertensionOrthopedic claimInternal claimPetition for reconsiderationFindings of Fact and AwardsWCJ
References
Case No. ADJ7816135
Regular
May 07, 2012

BRYAN FLICKER vs. COUNTY OF BUTTE

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) finding of industrial injury for a correctional lieutenant. The WCJ had applied Labor Code section 3213.3, which presumes lower back impairments in peace officers required to wear duty belts. The Board found insufficient evidence that the applicant was required to wear a duty belt as a condition of employment as a peace officer, which is a prerequisite for the presumption's application. Therefore, the Board rescinded the award and returned the case for a determination of industrial injury without reference to the duty belt presumption, allowing for further record development.

Workers' Compensation Appeals BoardBryan FlickerCounty of ButteADJ7816135Labor Code section 3213.3correctional lieutenantcumulative injurylow back impairmentpeace officerduty belt presumption
References
Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
Case No. ADJ8004482
Regular
Sep 04, 2012

SETH PATRICK LANTZ (PATRICK LANTZ), Deceased; SHANNON M. LANTZ, Individually And As Guardian Ad Litem For ZANE A. LANTZ; KODY R. LANTZ; HALEY M. FITZJERRELL, And TYLER P. LANTZ, Minors vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS PLEASANT VALLEY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Lieutenant Seth Patrick Lantz's fatal car accident during his commute arose from his employment. The WCAB found the accident did not arise out of or in the course of employment, reversing the prior decision. The Board determined the "going and coming rule" applied, as Lieutenant Lantz's extended shift and acting as watch commander did not constitute a special mission exception. Therefore, the death benefit claim was denied.

Workers' Compensation Appeals BoardDeath BenefitsGoing and Coming RuleSpecial Mission ExceptionCommuteIndustrial InjuryCorrectional OfficerWatch CommanderReconsiderationFindings of Fact
References
Case No. SAC 0316687
Regular
May 20, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether Labor Code section 4663(e), effective January 1, 2007, applies retroactively to a 2002 injury regarding apportionment of permanent disability for heart trouble. The Board rescinded its prior decision and the trial judge's decision, returning the case to the trial level to await a Court of Appeal ruling on this identical issue in the *Alexander* case. The outcome will depend on whether the court finds section 4663(e) retroactively applicable to pre-2007 injuries.

Labor Code section 4663section 4663(e)heart trouble presumptionapportionmentcumulative industrial injurycorrectional lieutenantpermanent disabilityreconsiderationrescindedretroactive application
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ6451323
Regular
Sep 03, 2013

STEPHEN GOODWIN vs. CORNELL COMPANIES, INC.; LIBERTY MUTUAL INSURANCE

Applicant Stephen Goodwin petitioned for reconsideration of a prior award finding 78% permanent disability for an admitted industrial injury. The applicant argued for a 15% increase in permanent disability indemnity under Labor Code section 4658(d)(2) due to the employer failing to offer work within 60 days of the permanent and stationary date. The Appeals Board granted reconsideration to allow further development of the record regarding the section 4658(d) issue and the employer's size, deferring the final determination of the 15% adjustment and related attorney fees. The matter was returned to the WCJ for further proceedings.

Labor Code section 4658(d)(2)Petition for ReconsiderationPermanent Disability IndemnityLife PensionAttorney's FeesIndustrial InjuryCorrectional LieutenantPermanent and StationaryModified WorkAlternative Work
References
Case No. ADJ1774552 (OXN 0142840) ADJ3077412 (OXN 0142839)
Regular
Oct 28, 2008

ROGENE GIANGROSSI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS - CHINO, STATE COMPENSATION INSURANCE FUND

The applicant's petition for removal was denied because the Workers' Compensation Appeals Board found no abuse of discretion by the administrative law judge (WCJ). The WCJ correctly took the case off calendar when the applicant was absent for trial due to relocating out of state, as permitted by board rules. The board also found that the WCJ's order did not prejudice the applicant's right to future discovery or due process.

Petition for RemovalOff CalendarAbuse of DiscretionDue ProcessMandatory Settlement ConferenceDeferred RulingDevelopment of RecordSubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals Board
References
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