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

Case No. ADJ8072993
Regular
Nov 26, 2012

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedEarning CapacityMinimum WageApartment ManagerActual EarningsLegal Minimum WageStatutory Time FramesAdjudication
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ6830678
Regular
Mar 18, 2014

JAMI MALLIN vs. CALIFORNIA DEPARTMENT OF CORRECTION, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves an inmate firefighter who sustained injuries to her hip and back. The defendant sought reconsideration of an award finding 63% permanent disability, arguing the weekly payment rate was improperly set above the statutory minimum for inmate workers. The Board granted reconsideration, affirming the 63% disability finding but amending the award to reflect the statutory minimum weekly payment rate of $130.00. This adjustment correctly applies Labor Code section 3370(c)(5) to inmate firefighter compensation.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONFINDINGS AND AWARDSLEEP DISORDERSLEEP IMPAIRMENTINMATE FIREFIGHTERCALIFORNIA LABOR CODE SECTION 3370(c)(5)MINIMUM AMOUNTPERMANENT DISABILITYWEEKLY PERMANENT DISABILITY BENEFITS
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ17606447
Regular
Nov 10, 2025

Zachary Penprase vs. Philadelphia Phillies, Fargo-Moorehead Redhawks

Applicant Zachary Penprase seeks reconsideration of an August 14, 2025 Findings and Order (F&O) where a Workers' Compensation Administrative Law Judge (WCJ) found a lack of personal jurisdiction over defendants Philadelphia Phillies and Fargo-Moorehead Redhawks concerning Penprase's industrial injury claims. Penprase argues that personal jurisdiction exists because he was recruited and signed contracts with both teams in California. The Appeals Board has granted the petition for reconsideration, acknowledging the need for further review of the merits and the entire record. A final decision after reconsideration is deferred pending this further review.

Workers Compensation Appeals BoardPersonal JurisdictionProfessional AthleteContract of HireForum StateMinimum ContactsGeneral AppearanceWaiverRecord DevelopmentReconsideration
References
Case No. ADJ6839103
Regular
Mar 28, 2013

MICHAEL DAVIS vs. BOSTON BREAKERS, THE NORTH RIVER INSURANCE CO., CINCINNATI BENGALS, TAMPA BAY BUCCANEERS

This case involves a former professional football player claiming cumulative industrial injury in California. The trial judge dismissed the case, finding no demonstrated injury sustained within California, thus divesting the Board of subject matter jurisdiction. The Appeals Board granted reconsideration to further study the issues. The Board rescinded the dismissal, returning the matter for further development of the record, particularly concerning the medical opinions' connection to California exposure and the mechanism of injury. The Board also noted that hearsay testimony from an investigator was permissible as the Board is not bound by strict rules of evidence.

Workers' Compensation Appeals BoardCumulative Trauma InjurySubject Matter JurisdictionProfessional Football PlayerCumulative Industrial InjuryMinimum ContactsSubstantial EvidenceMedical OpinionMechanism of InjuryApportionment
References
Case No. ADJ3461600 (ANA 0373630)
Regular
May 20, 2009

David Thompson vs. Seattle Supersonics, Washington State Department of Labor & Industry

This case involves a professional basketball player's workers' compensation claim for cumulative trauma injury sustained while playing in California for the Seattle Supersonics. The California Workers' Compensation Appeals Board (WCAB) rescinded a prior award due to a lack of established personal jurisdiction over the Washington State Department of Labor & Industries and a failure to prove the Seattle Supersonics were lawfully insured or self-insured in California. The case is returned to the trial level to determine if the Supersonics met their statutory obligations for workers' compensation coverage in the state. The WCAB will also address remaining contentions regarding apportionment and limitations on liability.

Cumulative traumaProfessional basketballPersonal jurisdictionWashington L&ISpecial appearanceMotion to quashMinimum contactsStatute of limitationsApportionmentLabor Code section 3700
References
Case No. ADJ14657802
Regular
Sep 19, 2022

STEVE LAUTER vs. BALTIMORE RAVENS FKA CLEVELAND BROWNS, PERMISSIBLY SELF-INSURED, ADMINISTERED BY BERKLEY ENTERTAINMENT, SAN DIEGO CHARGERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR FREMONT INSURANCE, IN LIQUIDATION

The Workers' Compensation Appeals Board granted reconsideration of a prior ruling and amended a finding of fact. The Board affirmed that California lacked personal jurisdiction over the Baltimore Ravens (formerly Cleveland Browns) for applicant's claimed injuries. The decision found no evidence of a contract formed in California and that the applicant's activities with the Browns, including games played in California, occurred after his release and were not connected to his claimed injury. The Board also declined to disturb the WCJ's reliance on pre-2005 medical-legal procedures.

Workers' Compensation Appeals BoardPersonal JurisdictionSubject Matter JurisdictionMinimum ContactsSpecial AppearanceContract of HireOffer and AcceptanceOral ContractForum StateLabor Code Section 4062
References
Case No. ADJ16326594
Regular
Oct 31, 2025

Peter Pham vs. Southern California Edison

Defendant sought removal of a WCJ's December 12, 2023 Findings of Fact and Order (F&O), which denied their motion for a replacement Qualified Medical Evaluator (QME). The defendant argued that the applicant's email to the QME constituted impermissible ex parte contact. The Appeals Board granted the petition for removal, rescinding the F&O, and substituting new Findings of Fact that the email was indeed impermissible ex parte contact, thereby ordering a replacement QME panel. Additionally, while earlier QME reports and deposition testimony by Dr. Weiss remain in evidence, her report dated July 22, 2023, was stricken to preserve the appearance of impartiality in the medical evaluation process.

Ex parte contactQualified Medical EvaluatorRemoval petitionFindings of Fact and OrderLabor Code Section 4062.3Appearance of impartialityMedical evaluation processReplacement QME panelPsychiatric injuryStipulated facts
References
Case No. ADJ10266237; ADJ10401171
Regular
Aug 15, 2025

WILLIAM AREY vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied defendant Hartford Accident & Indemnity Company's petition for reconsideration. The defendant challenged the April 22, 2025 Joint Findings of Fact and Order, which found that applicant William Arey sustained industrial injuries to his brain, head, nervous system, and circulatory system. Defendant contended the Agreed Medical Evaluator (AME) Dr. Roger Bertoldi's report was not substantial medical evidence and that ex parte contact occurred due to applicant's sister's participation in the evaluation. The Board affirmed the WCJ's decision, finding Dr. Bertoldi's report to be substantial medical evidence and concluding that the sister's assistance was necessary and permissible due to applicant's significant memory impairment, thus not constituting impermissible ex parte contact.

AMEAgreed Medical Evaluatorex parte contactsubstantial medical evidenceindustrial injurycumulative injuryspecific injuryres judicatacollateral estoppelPetition for Reconsideration
References
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