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

Case No. ADJ8157891
Regular
Apr 15, 2016

JESSE CASTELLON vs. ORANGE COUNTY VECTOR CONTROL, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that pesticide exposure contributed to the applicant's lymphoma, diabetes, and hypertension. The defendant argued the relied-upon medical expert erred by discussing Non-Hodgkin's Lymphoma instead of the applicant's diagnosed Hodgkin's Lymphoma. However, the Board found the expert's report sufficiently addressed Hodgkin's Lymphoma and its link to benzene exposure, incorporating the WCJ's reasoning. Therefore, the Board affirmed the original findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial causationpesticide exposurelymphomadiabeteshypertensionsubstantial medical evidenceDr. Nachman Brautbar
References
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
Case No. ADJ7676148
Regular
Oct 17, 2013

CAMERON PRATT vs. SAN BERNARDINO COUNTY SHERIFF DEPARTMENT, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the Sheriff Department's Petition for Reconsideration regarding a Deputy Sheriff's Hodgkin's Lymphoma claim. The WCJ found the applicant established a prima facie case for a work-related cancer injury under Labor Code section 3212.1. The defendant failed to rebut the presumption of injury with substantial medical evidence, specifically regarding the latency period and a reasonable link between carcinogen exposure and the applicant's aggressive cancer. The Board adopted the WCJ's report and reasoning in its denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedDeputy SheriffContinuous TraumaCancerHodgkin's LymphomaArising Out of and Occurring in the Course of Employment (AOE/COE)Rebutting the PresumptionLabor Code section 3212.1
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
Case No. ADJ7250315
Regular
Feb 14, 2020

ROBYN ARIAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a correctional officer's cumulative trauma claim. The employer sought reconsideration, arguing the cumulative trauma ended on July 8, 2014, as the applicant allegedly sustained no disability prior to that date. However, the Board denied reconsideration, affirming the WCJ's finding that the applicant experienced disability earlier due to chemotherapy for non-Hodgkins lymphoma. This disability, occurring from February 2007 to February 2008, establishes the injury's cumulative trauma period under Labor Code section 5412.

Cumulative traumaCorrectional officerLumbar spine injuryPsyche injuryNon-Hodgkins LymphomaPermanent disability indemnityCompensable consequence injuryLabor Code section 5412Date of injuryCumulative injury end date
References
Case No. ADJ9924024
Regular
Feb 01, 2016

JOHN RAMOS vs. COUNTY OF SONOMA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) finding that the applicant's claim for occupational disease (non-Hodgkin's lymphoma) was not barred by the statute of limitations. The WCAB found the WCJ erred in determining the date of injury and statute of limitations had not begun to run. However, the WCAB noted the record raises the issue of whether the defendant is estopped from asserting the statute of limitations due to the actions of its claims administrator. Therefore, the case is returned to the trial level for further development of the record and decision specifically on the issue of estoppel.

Occupational diseaseNon-Hodgkin's lymphomaProbation officerStatute of limitationsLabor Code section 5412Date of injuryDisabilityEstoppelThird-party claims administratorNotice of Delay
References
Case No. ADJ123228 (EUR 0029751) ADJ3754831 (EUR 0020462)
Regular
Jul 23, 2012

GEORGE MAYES vs. ERNEST PIERSON COMPANY, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the finding that his lipomas adjacent to his spine were not a compensable consequence of his industrial injuries. Medical evidence, including reports from QMEs and the applicant's treating physician, indicated the masses were coincidental and unrelated to his work-related injuries. The Board found the applicant failed to meet the burden of proof to establish a causal link and that submitted documents did not constitute newly discovered evidence.

Petition for ReconsiderationSupplemental Findings and AwardIndustrial InjuryLumber HandlerSales ClerkCarpal TunnelThoracic SpineLumbar SpineAbdominal AreaLipoma
References
Case No. ADJ1150041 (FRE 0244995)
Regular
Apr 23, 2012

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSuccessive petitionsWrit of reviewCourt of AppealsDisqualification of WCJRule 10452Cancer and deathWelding
References
Case No. ADJ8593193
Regular
Sep 17, 2015

MICHAEL TOBIN vs. CITY OF UKIAH, COUNTY OF MENDOCINO

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's report and recommendation. The defendant failed to rebut the Labor Code Section 3212.1 presumption for the applicant's cancer by providing evidence that no reasonable link existed between his military carcinogen exposure and the disease. Furthermore, the Board found that new arguments regarding the date of injury and collateral estoppel were improperly raised for the first time in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3212.1presumptionrebuttalcarcinogen exposurePersian Gulf WarVAMC Medical OpinionDepartment of Defense StudiesVA administrative findings
References
Case No. ADJ7254307
Regular
Aug 20, 2014

STACY TURNER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for removal and rescinded the prior order allowing inspection of prison facilities. The Board found the original order was overly broad and improperly directed, ordering that the matter be returned to the trial level. The primary issue to be resolved first is whether the applicant's claimed cancer is presumed to arise out of his employment under Labor Code section 3212.1. Once this presumption issue is decided, a more narrowly focused inspection order can be determined.

Petition for RemovalOrder Allowing Inspection PremisesWorkers' Compensation Appeals BoardAdministrative Law JudgeState Compensation Insurance FundCorrectional OfficerNon-Hodgkin's LymphomaCarcinogensCancer PresumptionLabor Code Section 3212.1
References
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