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

Case No. ADJ7607362
Regular
Jun 28, 2016

GUILLERMO ANAYA vs. BAY AREA CARBIDE, VALLEY FORGE INSURANCE COMPANY

This case involves a claim for industrial injury to the lungs, psyche, and diabetes resulting from exposure to metal dust. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of total permanent disability under Labor Code section 4662(b). The Board found substantial medical evidence supported the applicant's total permanent disability despite the defendant's arguments regarding scheduled ratings and vocational expertise. A dissenting commissioner argued for further development of the record regarding vocational rehabilitation and future earning capacity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award And OrdersIndustrial InjuryLungsRespiratory SystemPsycheDiabetesTool HandlerTemporary Total Disability
References
Case No. ADJ2183666 (RDG 0113898) ADJ2837745 (RDG 0113903)
Regular
Sep 17, 2008

RONALD TYLER vs. REDDING LUMBER TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's reconsideration request regarding an admitted industrial injury to the applicant's lungs and respiratory system. The defendant argued for a lower permanent disability rating, claiming a misunderstanding of a stipulation regarding a prior 10% permanent disability award. The Board affirmed the original decision, finding the stipulation regarding the prior 10% award to be binding and unpersuasive of the defendant's interpretation.

WCABRedding Lumber TransportState Compensation Insurance FundRonald TylerADJ2183666ADJ2837745industrial injurylungsrespiratory systempulmonary system
References
Case No. ADJ3399165 (SDO 0332865)
Regular
Sep 27, 2012

DAVID GARCIA vs. WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal and denied his petition for reconsideration. The WCAB found that the applicant's claim for a compensable industrial injury to his lungs and respiratory system, including Valley Fever, was not supported by substantial medical evidence. The WCAB adopted the workers' compensation judge's report, which found the applicant not credible, and noted that the applicant's petition exceeded page limits and contained unprofessional attacks on the judge. The WCAB admonished the applicant's counsel and indicated potential sanctions for future violations.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationWCJcompensable industrial injurylungsrespiratory systemdisseminated coccidioidomycosismeningitisValley Fever
References
Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
Case No. ADJ12304192
Regular
Mar 27, 2023

JOANNA ELLIOTT vs. PEPPERDINE UNIVERSITY, ADMINISTERED BY GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended the WCJ's decision. While the applicant is presumed to have sustained injury AOE/COE for asthma and digestive issues, the issue of lung disease and nose/throat injury AOE/COE was not properly framed for trial. Therefore, this specific issue has been deferred, pending further proceedings. The WCAB affirmed the WCJ's other findings based on the existing record.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardLung DiseaseAsthmaUpper Digestive SystemNose and Throat InjuryDeferred IssueFindings and OrderMedical Evidence
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
Case No. ADJ3126026 (LBO 0396291)
Regular
Apr 21, 2014

,\nPURITA PEREZ; RYAN PEREZ; CAMILL PEREZ, vs. ,\nOAK PRODUCTS; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding industrial lung cancer causation for the decedent, Hernani Perez. While the WCAB agreed that the decedent was exposed to carcinogens that contributed to his death, it found a lack of substantial medical evidence establishing a causal link between the exposure during the defendant insurer's coverage period and the disease. The case is returned to the trial level for further proceedings to develop the record on injurious exposure and liability.

Workers' Compensation Appeals BoardHernani PerezPurita PerezRyan PerezCamill PerezOak ProductsState Compensation Insurance Fundindustrial injurylung cancerdate of concurrence of knowledge and disability
References
Case No. VNO 513573
Regular
Apr 23, 2008

RICHARD FISCHINGER vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding no evidence that the defendant failed to provide necessary medical treatment for the applicant's admitted industrial lung injury. The WCAB amended the findings to state that the defendant rendered all necessary medical treatment and deferred determination of Dr. Weingarten's lien claim. The award for further medical treatment was removed, and the issue of self-procured treatment was also reversed due to lack of supporting evidence.

Ralphs Grocery CompanySedgwick Claims Management ServicesRichard Fischingerpermanent disabilitylung injuryhypertensiondiabetesself-procured medical treatmentWCJFindings and Award
References
Case No. ADJ4327434
Regular
Mar 09, 2010

MICHAEL WALKER vs. CENTRAL STRIPING SERVICE, STATE COMPENSATION INSURANCE FUND, SEDGWICK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE

This case involves a worker claiming industrial cancer, initially alleging "lung cancer." While the applicant's petitions to reconsider the initial adverse finding were untimely, the Appeals Board granted reconsideration on its own motion due to the WCJ's recommendation. The Board rescinded the initial finding, returning the case for further proceedings to address whether the applicant's diagnosed "mantle cell lymphoma" is industrially caused, as this issue was implicitly litigated. A new Agreed Medical Examiner has been appointed to resolve the medical causation dispute.

Workers' Compensation Appeals BoardPetitions for ReconsiderationUntimely FilingJurisdictionMotion of Appeals BoardDecision After ReconsiderationFindings of FactIndustrial InjuryLung CancerMantle Cell Lymphoma
References
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