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

Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ 7238353
Regular
Apr 13, 2012

ARTHUR CANNON vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a January 24, 2012 decision in the case of Arthur Cannon vs. City of Sacramento. The WCAB determined that reconsideration was necessary due to statutory time constraints and an initial review of the record. This action will allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Office of the Commissioners.

Workers Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemCity of SacramentoArthur CannonStatutory time constraintsFactual and legal issuesJust and reasoned decision
References
Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)
Regular
Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Patricia Young seeking workers' compensation benefits from the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board has reviewed. After considering the petition and the report of the administrative law judge, the Board has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardDepartment of Corrections and RehabilitationState Compensation Insurance FundAdministrative Law Judge reportDenying removalADJ1890563ADJ3098164SAC 0311772SAC 0357082
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. ADJ3686385 (SFO 0488392) ADJ2952772 (SFO 0478194)
Regular
Oct 20, 2008

Amy Miller vs. SAN FRANCISCO ART INSTITUTE, FIREMAN'S FUND INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves applicant Amy Miller's petition for reconsideration of the Workers' Compensation Appeals Board's decision denying her claim for cumulative trauma injury to her back. The Board previously reversed the finding of industrial causation for her back injury, finding a lack of substantial medical evidence and a significant delay between the alleged exposure and reported symptoms. Applicant contended the Board erred by not allowing further medical evidence, but the Board reaffirmed its prior decision, distinguishing the facts from the precedent cited and concluding no inference of industrial causation was supported by the record.

Workers' Compensation Appeals BoardAmy MillerSan Francisco Art InstituteFireman's Fund Insurance CompanyRepublic Indemnity Company of AmericaADJ3686385ADJ2952772Petition for ReconsiderationDecision After ReconsiderationAmended Findings Award and Order
References
Case No. ADJ8076231, ADJ7548354, ADJ8286584, ADJ8286596
Regular
Aug 01, 2014

Gerald Miller vs. CITY OF FRESNO

The Workers' Compensation Appeals Board granted Gerald Miller's petition for reconsideration of an earlier award. The Board found the original judge did not adequately address the affirmative defense of good faith personnel actions regarding Miller's psychiatric injury claim. Therefore, the case is returned to the trial level for further proceedings to clarify whether the alleged personnel actions were lawful and in good faith and if they substantially caused Miller's injury. This amendment defers the determination of the psyche injury claim pending this further review.

WCABPetition for ReconsiderationJoint Findings of Fact and Awardcumulative traumapolice officerpsyche injuryLabor Code section 3208.3(h)good faith personnel actionsubstantial causepredominant cause
References
Case No. ADJ8799770
Regular
Sep 24, 2014

RICHARD RICARDY vs. PACIFIC GAS & ELECTRIC COMPANY

The applicant, Richard Ricardy, had filed a Petition for Reconsideration of a decision issued on July 18, 2014. The petitioner, likely the applicant or their representative, has subsequently withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the Petition for Reconsideration. This order effectively finalizes the July 18, 2014 decision as there is no longer an active request for review.

Petition for Reconsideration withdrawnOrder of DismissalWorkers' Compensation Appeals BoardPermissibly Self-InsuredADJ8799770Redding District OfficeJuly 18 2014 decisionMarguerite SweeneyDeidra E. LoweSan Francisco filing
References
Case No. ADJ3716430
Regular
Mar 10, 2010

NORRIS M. MELLON vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND, CCPOA BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) reviewed an order directing parties to bankruptcy court regarding the dischargeability of a workers' compensation lien. The lien claimant argued the WCAB had exclusive jurisdiction and the applicant waived his right to challenge the lien. After granting removal on its own motion and receiving a report from the judge, the WCAB affirmed the original order. The WCAB's decision is that the parties must address the lien's dischargeability in bankruptcy court.

WCABPetition for ReconsiderationRemovalBankruptcy Court JurisdictionWorkers' Compensation LienExclusive JurisdictionDischarge in BankruptcyWCJ ReportAffirmationLegal Service Bureau
References
Case No. ADJ9022579
Regular
Nov 16, 2013

ROEL ATEGA vs. SUPER STORE INDUSTRIES, AMERICAN ZURICH INSURANCE COMPANY, adjusted by ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) denied Roel Atega's Petition for Reconsideration in case ADJ9022579. The Board adopted the findings and reasoning of the workers' compensation administrative law judge (WCJ). Therefore, the WCAB's decision stands, denying Atega's request for reconsideration of the original decision.

ATEGASUPER STORE INDUSTRIESAMERICAN ZURICH INSURANCE COMPANYZURICH NORTH AMERICAADJ9022579Stockton District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDADMINISTRATIVE LAW JUDGEPetition for Reconsideration
References
Case No. ADJ10920365; ADJ11395643; ADJ12766536; ADJ11395545; ADJ11182805
Regular
Feb 13, 2023

ROBERT DICK vs. RENN TRANSPORTATION, NATIONAL INTERSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing a petition for removal. The petitioner, who had sought to remove a prior decision dated December 13, 2022, voluntarily withdrew their petition. Consequently, the WCAB has formally dismissed the removal petition as requested. This action pertains to multiple adjudication numbers associated with the applicant Robert Dick and defendants Renn Transportation and National Interstate Insurance Company.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardAdjudication NumbersRenn TransportationNational Interstate Insurance CompanyJosé H. RazoKatherine A. ZalewskiCraig Snellings
References
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