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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9735466
Regular
Dec 07, 2015

DANIEL KAVANAGH vs. COUNTY OF SANTA BARBARA

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found applicant's claim barred by the going and coming rule. The Board determined that the applicant's commute to a mandatory monthly sergeants' meeting, even on his day off and in uniform, did not constitute a special mission. The court reasoned that the meeting's location, timing, and nature were not extraordinary relative to routine duties, and thus no exception to the rule applied. Consequently, the applicant was ordered to take nothing by way of his claim.

Going and coming ruleSpecial mission exceptionAOE/COECustody sergeantDeputy sheriffMandatory meetingDay offExtra ordinary activityRoutine dutiesEmployer benefit
References
Case No. ADJ8026721
Regular
Apr 04, 2013

RADU VASELISCU vs. DAYCOM, INC.; TRAVELERS

This case involves a claim for workers' compensation where the applicant was injured playing golf on a Saturday. The defendant argues the injury is not work-related, as golf was a voluntary activity. However, the Workers' Compensation Judge found the applicant's participation was subjectively and objectively reasonable given the employer's expectation to promote company morale and the fact the applicant also performed work duties that day. Therefore, the Judge recommended denial of the defendant's petition for reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COEMandatory golf eventCompany moraleOff-duty recreational activityEzzy testSubjective beliefObjective reasonablenessEmployer-paid expenses
References
Case No. ADJ7850439
Regular
Oct 15, 2012

Edgar Tabo vs. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT

The applicant, a police officer, injured himself in an off-duty bicycle crash. The Board denied compensation because the applicant failed to establish that his subjective belief of needing to train for an optional bicycle patrol course was objectively reasonable. His off-duty recreational activity did not meet the requirements for an exception to the exclusion for such injuries under Labor Code section 3600(a)(9). Therefore, the applicant takes nothing by way of his claim.

Workers' Compensation Appeals BoardEdgar TaboCity and County of San Francisco Police DepartmentPermissibly Self-InsuredADJ7850439Oakland District OfficeOpinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injury
References
Case No. ADJ1543782 (VNO 0540728)
Regular
May 27, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision that denied benefits for a police officer's shoulder injury. The Board found the injury sustained in the on-duty gym was industrial because the applicant's belief that working out was expected was objectively reasonable, given the employer provided gym facilities and allowed officers to stay overnight for safety and duty readiness. The injury is now considered a compensable industrial injury.

Workers' Compensation Appeals BoardCity of Beverly Hillspolice officeroff-duty injuryindustrial injuryreasonable expectancypersonal comfort doctrineexertional injurygym workoutpremises
References
Case No. ADJ10713529
Regular
Nov 30, 2017

MARIA SOSA vs. CINTAS CORPORATION, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY OF AMERICA, SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant entitled to temporary total disability. The Board found insufficient evidence regarding applicant's specific job duties and whether they conflicted with the agreed medical evaluator's work restrictions. Therefore, the case is returned to the trial level for further development of the record, specifically for the AME to review a detailed job analysis. This is to determine if applicant could have continued her usual and customary duties but for her termination for cause.

Temporary total disabilityPetition for ReconsiderationFindings and AwardAgreed Medical Evaluator (AME)Work restrictionsTermination for causeJob dutiesFurther proceedingsDevelop the recordModified work
References
Case No. SAL 0084267, SAL 0084268, SAL 0090529
Regular
Jan 04, 2008

LARRY MYERS vs. CITY OF SALINAS

In this workers' compensation case, the defendant City of Salinas sought reconsideration of an award granting the applicant, a police captain, 84% permanent disability and lifelong pension. The defendant argued for apportionment of disability to non-industrial causes, disputing the applicability of the Labor Code section 3213.2 "duty belt" presumption. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant had previously stipulated to the presumption's applicability and that the applicant independently qualified for it based on his employment history and duty belt usage.

Workers' Compensation Appeals BoardLarry MyersCity of SalinasFindings Award OrdersWCJindustrial injuriesleft kneelower extremitiesspineleft shoulder
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. SAC 0282000; SAC 0354233
Regular
Jun 03, 2008

JON EDWARDS vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge, finding the applicant deputy sheriff is not entitled to Labor Code section 4850 benefits or temporary disability for time missed from work. This decision is based on the finding that the applicant was provided with full or modified duty work during the periods in question, according to medical reports. Therefore, the applicant's claim for wage replacement benefits for these periods was denied.

Labor Code section 4850Deputy SheriffTemporary DisabilityFull DutyModified DutyMedical AppointmentsIndustrial InjuryPermanent and StationaryWage ReplacementMedical Reports
References
Case No. ADJ7953076
Regular
Feb 27, 2017

JAMES JAMISON vs. MICHAEL WEPPLO, INNOVATIVE BUSINESS PARTNERS, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's order denying arbitration on insurance coverage, as the prior superior court ruling established the WCAB's exclusive jurisdiction. The WCAB found the judge's order was an interim procedural step, not a final order, thus not subject to reconsideration. Defendant's admission of coverage also negated the need for arbitration on that issue. The case was returned to the trial level for a mandatory settlement conference to address remaining employment issues.

WCABPetition for ReconsiderationInsurance Coverage DisputeMandatory ArbitrationLabor Code Section 3706Evidentiary HearingEmployment StatusFinal OrderInterlocutory OrderJurisdiction
References
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