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

Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
Case No. ADJ2403735
Regular
Feb 27, 2025

MICHAEL CROUGH vs. MCDONNELL DOUGLAS/BOEING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of Findings of Fact regarding the defendant's petition for credit for permanent disability advances. The defendant, McDonnell Douglas/Boeing and California Insurance Guarantee Association, sought a credit of $34,738.40, arguing it was due under a prior Stipulation with Request for Award. However, the Board found that the defendant failed to provide evidence demonstrating that equity favored the allowance of the credit or to specify against which benefits the credit would apply. Consequently, the Board affirmed the original Findings of Fact, amending them to explicitly deny the defendant's petition for credit of overpayment of permanent disability benefits.

California Workers CompensationPetition for ReconsiderationStipulation with Request for AwardPermanent Disability AdvancesCredit for OverpaymentLabor Code Section 5909Labor Code Section 4909Equitable PrinciplesWCAB Rule 10555Burden of Proof
References
Case No. ADJ4164639, ADJ4231177, ADJ2881670
Regular
Mar 23, 2018

AUDREY MARSHALL vs. MCDONNEL DOUGLAS/BOEING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY COMPANY

This case involves three consolidated workers' compensation claims (ADJ4164639, ADJ4231177, ADJ2881670) for applicant Audrey Marshall against McDonnel Douglas/Boeing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review factual and legal issues, finding temporary and permanent disability of 52% for ADJ4164639, and determined the claim was not time-barred. Following a settlement conference, parties entered into Compromise and Release agreements for all three cases. The WCAB found these settlements adequate and in the applicant's best interest, approving the agreements and rescinding a prior award.

Workers' Compensation Appeals BoardCompromise and ReleaseStatute of LimitationsReconsiderationCumulative InjurySpecific InjuryLabor Code Section 5310Labor Code Section 5001WCAB Rule 10882Temporary Disability
References
Case No. ADJ2104277 (LBO 0294626)
Regular
Jun 14, 2013

JEANETTE COOK vs. THE BOEING COMPANY/MCDONNEL DOUGLAS CORPORATION, CIGA by its servicing facility, SEDGWICK CLAIMS MANAGEMENT SERVICES for FREMONT INDEMNITY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration of a March 27, 2013, decision regarding Jeanette Cook's claim against The Boeing Company/McDonnell Douglas Corporation. This action was taken to allow for further review of the case's factual and legal issues, ensuring a just and reasoned decision. Pending a decision after reconsideration, all future communications must be filed in writing with the Board's Commissioners and not electronically.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the CommissionersElectronic Adjudication Management SystemDistrict Office
References
Case No. ADJ9923068
Regular
Feb 23, 2016

DOUGLAS GRUNDY vs. SOLANO COUNTY SHERIFF'S DEPARTMENT, ATHENS ADMINISTRATORS

In this Workers' Compensation Appeals Board case, the applicant, Douglas Grundy, sought reconsideration of a decision. The Board reviewed the petition and the Workers' Compensation Judge's report. Finding no error, the Board denied the petition for reconsideration, adopting the Judge's reasoning. The applicant's request for further review has therefore been rejected.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDWCJ ReportDouglas GrundySolano County Sheriff's DepartmentAthens AdministratorsADJ9923068Sacramento District OfficeDeidra E. Lowe
References
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
Case No. ADJ7344150
Regular
Mar 24, 2016

Douglas Skubitz (Deceased) vs. Hanford Community Hospital, Adventist Health

This case involved the compensability of a fatal work injury sustained by Douglas Skubitz while traveling to a company conference. The Workers' Compensation Appeals Board affirmed the finding that Skubitz's death arose out of and occurred in the course of employment, rejecting the employer's "going and coming" rule defense by applying the special mission and commercial traveler exceptions. The Board also reversed the initial finding, determining that Skubitz's newborn granddaughter, Emilia Wood, was his total dependent at the time of his death. A dissenting opinion argued that Emilia was not a dependent due to the speculative nature of support and her father's legal obligation.

ADJ7344150Douglas SkubitzHanford Community HospitalAdventist HealthPetition for ReconsiderationFindings of Fact and Ordergoing and coming rulespecial mission exceptioncommercial traveler doctrinerequired vehicle doctrine
References
Case No. ADJ9737947
Regular
Apr 15, 2016

DOUGLAS CRINGEAN vs. WARNER BROS. STUDIO FACILITIES, WARNER BROS. WORKERS' COMPENSATION

This Workers' Compensation Appeals Board case, involving Douglas Cringean and Warner Bros. Studio Facilities, concerns a clerical error in a prior decision's caption. The Board's decision served on April 11, 2016, incorrectly stated the caption as "Opinion and Order Granting Petition for Reconsideration." The Board is correcting this to the accurate caption, "Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration." This correction is permissible as clerical errors can be rectified at any time without further proceedings.

Clerical ErrorCaption CorrectionPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardAMENDED captionSupplemental ProceedingsADJ9737947Warner Bros. Studio FacilitiesDouglas Cringean
References
Case No. ADJ3673382 (AHM 0084473) ADJ1727200 (AHM 0085831) ADJ4050086 (AHM 0085856) ADJ2402991 (AHM 0085857) ADJ1361609 (AHM 0085858) ADJ700319 (AHM 0085827) ADJ1199908 (AHM 0085828) ADJ2455910 (AHM 0085829) ADJ1533147 (AHM 0085855)
Regular
Jun 19, 2009

DOUGLAS BOULWARE vs. COUNTY OF LOS ANGLES FIRE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to acknowledged errors by the WCJ, including a miscalculation of the applicant's life pension, and procedural issues raised by the defendant regarding service of rating instructions. The case involves multiple injury claims to various body parts over a long period, with complex apportionment issues. The matter is returned to the trial level for new formal rating instructions, proper service, opportunity for cross-examination, and a new decision addressing all contentions.

Workers' Compensation Appeals BoardDouglas BoulwareCounty of Los Angeles Fire DepartmentIntercare Insurance Servicesfirefighterindustrial injuryskinhearingshoulderselbows
References
Case No. ADJ9052242
Regular
Dec 13, 2016

VALENTINO DOUGLAS vs. RIALTO UNIFIED SCHOOL DISTRICT, PIPS 10, Administered by KEENAN & ASSOCIATES

The Board rescinded the WCJ's Findings and Award because the applicability of the Labor Code § 5402(b) presumption of compensability could not be determined. Crucially, the record lacked evidence of when the claim form was filed, which is necessary to establish the 90-day period for denial and rebuttal. Furthermore, the presumption was not raised as an issue at trial, potentially violating due process. The matter was returned to the WCJ for further proceedings to clarify these foundational issues and ensure all relevant medical evidence is considered by expert witnesses.

ADJ9052242Rialto Unified School DistrictValentino DouglasReconsiderationFindings and Award90-day presumptionLab. Code § 5402(b)RebuttalApplicant's credibilitySub-rosa videos
References
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