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Case Law Database

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

Case No. ADJ575595 (SRO 0118927) ADJ2965361 (SRO 0122685)
Regular
May 21, 2009

JEFFREY DOTY vs. CIRCUIT CITY STORES, INC.

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the $34\%$ permanent disability rating was incorrect, specifically regarding the overlap of his hand injuries and MRSA infection. The Appeals Board granted reconsideration to amend the dates of injury in the original findings. Ultimately, the Board affirmed the original award but amended the findings to reflect the correct dates of injury for the left hand/bilateral upper extremities/MRSA and the right elbow injuries.

Workers' Compensation Appeals BoardCircuit City StoresMRSAPermanent DisabilityReconsiderationFindings of FactJoint Findings Award and OrderSales ClerkIndustrial InjuryLeft Hand
References
Case No. ADJ9895453
Regular
Aug 21, 2017

SIR WALTERS (Dec'd), AMORN WALTERS (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an earlier award. The WCAB found that the death certificate alone was insufficient substantial medical evidence to establish the cause of the decedent's death, specifically concerning whether it was due to an industrial injury, a blood-borne infectious disease, or MRSA. Therefore, the case was returned to the trial level for further proceedings and development of the record. The issue of the applicable statute of limitations remains deferred pending this further evidence.

Valley FeverCoccidioidomycosisCocci meningitisMRSACorrectional officerDeath benefitsStatute of limitations240-week limitation420-week limitationLabor Code 3212.8
References
Case No. ADJ7024577, ADJ7293354
Regular
Dec 11, 2018

Dores Ham vs. State of California, Department of Hospitals - Vacaville

This case concerns the apportionment of permanent disability for a left foot amputation resulting from MRSA infection. The applicant sustained an injury while employed, and the defendant argued that the applicant's pre-existing diabetes should be apportioned as a contributing factor to the permanent disability. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's finding that the Agreed Medical Examiner's apportionment opinions were not substantial evidence. The majority concluded that the physicians' opinions were based on incorrect legal theories regarding apportionment and that the defendant failed to meet its burden of proof.

Workers' Compensation Appeals BoardMRSApartial amputationleft footorthopedic AMEapportionmentpermanent disabilitydiabetesnon-industrialindustrial injury
References
Case No. ADJ9917545
Regular
Nov 30, 2018

Richard Ray vs. Jed Francis, Inc., Zurich American Insurance Group, American Claims Management

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that Richard Ray sustained an industrial injury. This injury, originating from an eye incident, led to a MRSA infection, epidural abscess, paraplegia, and severe permanent impairments. Medical evidence from IME Dr. Feinberg, Dr. Edington, and Dr. Baum established a medical probability that the initial eye injury caused the subsequent severe cascade of medical conditions. The Board affirmed the WCJ's credibility determination regarding the applicant's testimony, finding no substantial contrary evidence.

Workers' Compensation Appeals Boardindustrial causationepidural abscessMRSAparaplegiasubstantial medical evidenceindependent medical evaluatorarising out of and in the course of employmentmedical sequelaeapportionment
References
Case No. ADJ9859900
Regular
Dec 24, 2018

KRSYTOL LARTEY vs. FOREVER 21, FEDERAL INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant alleged injury to her throat and voice due to her employment with Forever 21. The defendant sought reconsideration of the WCJ's finding of injury arising out of and occurring in the course of employment (AOE/COE), arguing the medical examiner's opinion lacked substantial evidence. The Board denied reconsideration, finding the QME's reports and deposition testimony provided a reasoned opinion based on examination and history. The Board concluded that the QME's opinion constituted substantial evidence supporting the AOE/COE finding.

AOE/COEOtolaryngology QMEAlfred N. RovenMethicillin-resistant Staphylococcus aureusMRSAIndustrial causationPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDust exposure
References
Case No. ADJ6987253 ADJ5768983
Regular
Nov 22, 2019

MICHAEL PARKER vs. TRI-CITY MEDICAL CENTER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves petitions for reconsideration by Tri-City Medical Center and Travelers Property Casualty Company of America regarding an award for a January 7, 2008 injury. Tri-City sought to implead Travelers for contribution, arguing the 2004 injury contributed to the award. The Board denied reconsideration, finding contribution issues between separate injury dates are not subject to mandatory arbitration under LC 5500.5. The Board also upheld the WCJ's use of mandated commutation tables for attorney fees and found Travelers was not prejudiced by the decision concerning only the 2008 injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent Total DisabilityJoint and Several LiabilityReimbursementCommutationAttorney's FeesLife Expectancy DataMRSA Infection
References
Case No. ADJ10349312
Regular
Nov 01, 2019

DOROTHY GONZALES; MICHAEL GONZALES (deceased) vs. CITY OF MONTEBELLO, permissibly self-insured, administered by YORK RISK SERVICES GROUP, INC.

This case concerns a death benefit claim where the applicant's claim was initially denied by the WCJ due to the statute of limitations. The applicant argued that Labor Code section 5406.7, which provides an extended timeframe for claims involving blood-borne diseases or MRSA, should apply. The Appeals Board rescinded the WCJ's findings, finding that the determination of the "date of injury" for cumulative trauma claims, as defined by Labor Code section 5412, hinges on the applicant's knowledge of the industrial cause of death. Because no such determination was made and the defendant failed to meet its burden of proof on this issue, the case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardDeath BenefitsStatute of LimitationsLabor Code Section 5406.7Blood-borne Infectious DiseaseMethicillin-resistant Staphylococcus AureusPolice OfficerCumulative TraumaDate of InjuryApplicant's Knowledge
References
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