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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3399052 (SAC 0347732)
Regular
Mar 07, 2014

JERRY HUNTER vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, COUNTY OF SACRAMENTO WORKERS' COMPENSATION OFFICE

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order, but rather an interlocutory one. The petition was also denied for removal, as no substantial prejudice or irreparable harm was shown. The WCAB noted that while the Division of Workers' Compensation (DWC) has general authority, specific statutes like Labor Code section 4850.4(f) govern repayment of disability pension advances. Since the matter involves repayment determination, and neither the WCJ's nor the WCAB's decisions are final, the County can renew its request for WCAB jurisdiction if civil courts find they lack it.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightWCJ Report and RecommendationLabor Code 4850.4Disability PensionRepayment PlanCivil Litigation
References
Case No. ADJ16790828
Regular
Nov 10, 2025

Surinder Singh vs. S Line Transportation, Ajaib Singh Kahlon, Uninsured Employers Benefit Trust Fund

This case concerns Surinder Singh's petition for reconsideration regarding a WCJ's finding that he was not an employee of S Line Transportation. The Workers' Compensation Appeals Board granted the petition, rescinded the WCJ's July 15, 2025 decision, and remanded the matter for further proceedings. The Board found the record to be inadequate and inconsistent, citing issues with unauthenticated evidence, unclarified bank statements indicating payments for "yard security guard" services, and the late joinder of Ajaib Singh Kahlon as a defendant. Emphasizing due process, the Board instructed that the record be further developed and the employment status be re-evaluated using the "ABC test" as codified in Labor Code section 2775.

Employment statusIndependent contractorSecurity guardPort of OaklandYard operationsAsylum claimLoan repaymentSubstantial evidenceAdmitted evidenceDeveloping the record
References
Case No. ADJ732035 (OAK 0345537), ADJ2680658 (OAK 0348118)
Regular
Nov 14, 2011

ROBERT ASMEGA vs. E LOAN, GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board matter, the Board has issued an Order Denying Reconsideration. The Board adopted and incorporated the reasoning of the Workers' Compensation Judge's report. Therefore, the applicant's petition for reconsideration has been denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationADJ732035ADJ2680658OAK 0345537OAK 0348118Oak District OfficeROBERT ASMEGA
References
Case No. FRE 0242404
Regular
Jul 01, 2008

Richard Helmuth vs. Choolijian and Sons, Inc., Employers Direct Insurance Company

The Workers' Compensation Appeals Board denied reconsideration, affirming a prior finding that Jacob Helmuth was not a partial dependent of the decedent Richard Helmuth at the time of his death. Dependency is determined by actual contributions at the time of injury, and past loans or gifts, even if substantial, do not establish current dependency. Therefore, the entire death benefit is owed to the Death Without Dependents Unit, not to the decedent's brother.

Workers' Compensation Appeals BoardDeath BenefitPartial DependentTotal DependentDate of InjuryHeat StrokeRetirement BenefitsHome LoanActual ContributionsSupport
References
Case No. ADJ8964866
Regular
Sep 16, 2013

LEON MACDONALD (Deceased), CATHY MACDONALD (Widow), CHAD MACDONALD (Son), RYAN MACDONALD (Son) vs. CITY OF SAN RAFAEL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board denied the sons' petition for reconsideration regarding death benefits. The Board found that student loan payments made by the decedent for his sons' education, incurred and repaid years prior to his death, did not constitute financial support. Therefore, the sons were not considered partial dependents at the time of injury. One Commissioner dissented, arguing the sons relied on their father's contributions for their accustomed standard of living.

Partial dependentsDeath benefitsStudent loansLabor Code section 4702(a)(2)Cumulative traumaCancerFire captainCity of San RafaelRedwood Empire Municipal Insurance FundOffer of proof
References
Case No. ADJ2131358 (VNO 0256200)\nADJ2311500 (VNO 0336746)\nADJ1665461 (VNO 0300873)
Regular
Jan 11, 2012

LEROY BENAVIDEZ vs. AFFILIATED MANUFACTURERS, TUNE-UP MASTER, AMERICAN HOME ASSURANCE, KABO SHEET METAL, ZENITH INSURANCE COMPANY

This case consolidates three workers' compensation claims for applicant Leroy Benavidez against multiple defendants. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding industrial injuries to the applicant's psyche and back in all three cases, with specific permanent disability percentages and a need for future medical treatment for each. The WCAB also affirmed the administrative law judge's denial of the applicant's motion regarding a Medicare lien, as it was raised late and lacked documentation. Furthermore, the WCAB found no merit to the applicant's contentions regarding attorney loans, as these issues were not properly raised or documented during the proceedings.

ApportionmentPsyche injuryLow back injuryPermanent disabilityFuture medical treatmentPetition for reconsiderationAgreed Medical ExaminersMedicare lienAttorney loansLabor Code section 132(a)
References
Case No. ADJ19302164
Regular
Oct 13, 2025

CHRISTOPHER GOWEN vs. CITY OF LOS ANGELES POLICE DEPARTMENT; permissibly SELF-INSURED

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the City of Los Angeles Police Department. The petition challenged an arbitrator's decision to grant a partial commutation of permanent disability payments to applicant Christopher Gowen, which was intended to cover costs for building his home in Missouri after a significant income loss due to industrial injury. The Appeals Board adopted the arbitrator's reasoning, finding the commutation was within discretion and based on legitimate need, particularly for building materials and construction overruns not covered by the original loan. The decision affirmed the partial commutation of approximately $66,334.98 from the applicant's outstanding permanent disability award.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Arbitrator's ReportElectronic Adjudication Management SystemEAMSTransmission DateNotice of TransmissionPetition for CommutationPermanent Disability
References
Case No. ADJ3005615 (PAS 0035964) ADJ685961 (VEN 0120428)
Regular
Sep 12, 2018

Stephanie Curry vs. Pacific Care Behavioral Health Care, Inc., The Travelers Insurance Company, Rosemary Cottage, California Insurance Guarantee Association, Fremont Indemnity Company, Sedgwick Claims Management Services

This case concerns a petition for reconsideration regarding a compromise and release settlement in a workers' compensation matter. The applicant, Stephanie Curry, argued that the initial settlement approved by the Board did not accurately reflect the parties' intent, specifically omitting a provision for $7,300 to be paid to her attorney for a loan. The Board granted reconsideration, rescinded its prior approval of the first compromise and release, and approved a second, amended compromise and release that correctly included the attorney's lien provision. The Board found the amended settlement adequate and in the applicant's best interest, noting the prior overpayment by Travelers due to the omission.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationAttorney's LienLiving Expenses LoanIndustrial InjuryConsequential InjuryNew and Further DisabilityTemporary DisabilityPermanent Disability
References
Case No. ADJ16007451
Regular
Aug 25, 2025

MINA RADJABI vs. CENTURY COMMUNITIES, INC./INSPIRE HOME LOAN; BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The applicant, Mina Radjabi, alleged a cumulative trauma injury to multiple body parts from July 2019 to February 2022 while employed by Century Communities, Inc./Inspire Home Loan. The case initially settled by Compromise and Release in March 2023, with the defendant maintaining a denial of injury AOE/COE. A lien claimant, Woodland Psyche Center, represented by PureMD Group Lomita, filed a petition for reconsideration after its lien for treatment was denied by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ denied the lien because Woodland Psyche Center failed to prove injury arising out of and in the course of employment (AOE/COE) and its medical reports did not comply with regulatory requirements for proving a contested claim. The Appeals Board, after reviewing the petition and the WCJ's report, adopted the WCJ's findings and denied the petition for reconsideration, concluding that the lien claimant did not establish causation or due process violations, and that the treatment provided was outside the employer's Medical Provider Network.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909TimelinessTransmission Date60-Day RuleNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationLien Claimant
References
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