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

Case No. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
Case No. ADJ7263446
Regular
Mar 24, 2014

ANGELLA AREBAMEN vs. KELLY SERVICES, INC.

The Workers' Compensation Appeals Board denied Kelly Services' petition for reconsideration, upholding the administrative law judge's finding of discrimination under Labor Code section 132a. The applicant was terminated by Kelly Services, via its client Neutrogena's policy, for late reporting of her industrial injury. The Board found that terminating an employee for reporting an injury, even if violating a client's policy, constitutes unlawful discrimination. Consequently, Kelly Services was affirmed to have violated section 132a and was subject to the imposed $10,000 penalty.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationindustrial injurypermanent disabilityPetition for ReconsiderationFindings and Orderadministrative penaltyspecial employergeneral employer
References
Case No. ADJ1631052 (ANA 0405611)
Regular
Oct 29, 2019

LUISA ISABEL RODRIGUEZ vs. KELLY SERVICES

This case concerns Kelly Services' challenge to lien claims filed by Comprehensive Outpatient Surgery Center and Technical Surgery Support. Kelly Services argued that the lien claimants' declarations, signed by Patrick Christoff, were untimely and that Mr. Christoff lacked personal knowledge of the services billed. The Workers' Compensation Appeals Board affirmed the WCJ's findings, ruling that the timeliness issue was waived as it was not raised at trial. The Board found Mr. Christoff competent to sign the declarations, relying on his extensive experience reviewing medical reports and billing, and the fact that the underlying medical reports were also signed under penalty of perjury.

Labor Code section 4903.8(d)declarant competencypersonal knowledgelien claimantsKelly ServicesESISComprehensive Outpatient Surgery CenterTechnical Surgery SupportFindings of FactReconsideration
References
Case No. ADJ9 657673, ADJ9 632441, ADJ9 697740, ADJ9 832297, ADJ9 834527, ADJ9 842328, ADJ9 919901, ADJ9 919978
Regular
Apr 14, 2016

KELLY FINN vs. OXNARD SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Kelly Finn's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852, which mandate specific details regarding grounds, evidence, and legal principles. The WCAB found the petition lacked specific references to the record and the evidence it relied upon.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationskeletal petitionLabor Code section 5902WCAB Rulesmaterial evidencespecific references to the recordprinciples of lawdeny or dismissWCJ report
References
Case No. RDG 0120327
Regular
Nov 01, 2007

KELLY LANGLEY vs. COUNTY OF NEVADA, CLAIMS MANAGEMENT, INC.

This case involves a workers' compensation appeal where the applicant is Kelly Langley and the defendant is the County of Nevada. The Appeals Board granted reconsideration and affirmed the WCJ's decision of September 17, 2007, with an amendment. The amendment specifically allows applicant's Exhibits 1, 2, 8, and 9 to be admitted into evidence.

WORKERS' COMPENSATION APPEALS BOARDKELLY LANGLEYCOUNTY OF NEVADACLAIMS MANAGEMENTINC.RECONSIDERATIONDECISION AMENDEDEVIDENCE ADMITTEDEXHIBITS 1 2 8 9
References
Case No. ADJ9602695
Regular
Sep 26, 2019

KELLY MULDROW vs. AMS OUTSOURCING/STAFFCHEX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO, SEDGWICK CMS, SENBA USA, INC., MITSUI SUMITOMO

This case concerns applicant Kelly Muldrow's claim for psychiatric injury stemming from her employment. The primary dispute revolves around the applicability of Labor Code section 3208.3(d), which generally requires six months of employment for psychiatric injury claims. The Appeals Board rescinded the initial findings, remanding the case to the trial level for further proceedings. This is because the prior ruling improperly deferred the threshold issue of section 3208.3(d)'s applicability without fully adjudicating it.

Workers' Compensation Appeals BoardKelly MuldrowAMS OutsourcingStaffchexCalifornia Insurance Guarantee AssociationCIGAUllicoSedgwick CMSSenba USAMitsui Sumitomo
References
Case No. ADJ8104549
Regular
Jul 05, 2017

MICHAEL KELLY vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves Michael Kelly seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) based on a pre-existing disability that allegedly combined with his 2011 shoulder injury to create permanent total disability. The Workers' Compensation Appeals Board denied Kelly's petition for reconsideration, affirming the administrative law judge's finding. The Board found that the medical evidence Kelly relied upon was not substantial, particularly regarding his alleged pre-existing "labor disabling" condition. The Board concluded that the opinions of certain medical evaluators constituted impermissible retroactive prophylactic work restrictions, as Kelly's own account of his abilities at the time of injury contradicted their findings.

Subsequent Injuries Benefits Trust FundPermanent Partial DisabilityQualified Medical EvaluatorPre-existing DisabilityLabor DisablingRatable Permanent DisabilityRetroactive Prophylactic Work RestrictionApportionmentWCJ Report and RecommendationWorkers' Compensation Appeals Board
References
Case No. ADJ4112217 (ANA 0344909)
Regular
Dec 17, 2012

ANGEL MARTINEZ vs. KELLY SERVICES; CNA

The Workers' Compensation Appeals Board dismissed Angel Martinez's petition for reconsideration as untimely. The petition was filed on October 25, 2012, significantly after Martinez admits having notice of the WCJ's March 8, 2012, Findings and Award on July 5, 2012. California law requires petitions for reconsideration to be filed within twenty days of notice, with limited extensions for mailing. This jurisdictional deadline was not met, thus precluding the Board from granting the petition.

Petition for ReconsiderationUntimelyDismissedLabor Code section 5903WCAB Rule 10507JurisdictionalFindings and AwardNoticeWCJ's decisionADJ4112217
References
Case No. ADJ7026552
Regular
Apr 04, 2016

PARISS KELLY vs. CARPET MASTER CHEM-DRY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Pariss Kelly's first Petition for Reconsideration because it sought review of a non-final order setting the matter for trial. Kelly's second Petition for Reconsideration was dismissed as untimely, as it was filed beyond the 20-day deadline after personal service of the trial setting order. The Board emphasized that petitions for reconsideration must be timely filed and from a final order to be considered. Consequently, both petitions were dismissed.

Petition for Reconsiderationnon-final ordertimelyjurisdictionalinterlocutoryprocedural decisionsevidentiary decisionssubstantive rightliabilitythreshold issue
References
Case No. SBR 0330038
Regular
2008-00-00

MARY E. LINDARS vs. KELLY SERVICES, STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

This case involved a worker injured in two separate incidents, one with Kelly Services and another with Caltrans. The Workers' Compensation Appeals Board (WCAB) reconsidered the original findings primarily regarding the applicant's average weekly earnings and permanent disability indemnity rate for the Kelly Services injury. The WCAB amended the decision to establish a higher rate for temporary disability based on consistent employment, but a lower rate for permanent disability, reflecting the applicant's voluntary unemployment between jobs. The WCAB affirmed the original finding of no apportionment for the injury.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryLeft ShoulderWarehouse WorkerMaintenance WorkerAverage Weekly EarningsEarning CapacityTemporary Disability Indemnity
References
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