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

Case No. STK 196283
Regular
Aug 14, 2007

DEBORAH JONES vs. MANTECA UNIFIED SCHOOL DISTRICT, KEENAN And ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to incomplete medical evidence regarding apportionment. The Board found that further development of the record was necessary to address the applicant's psychiatric condition and pre-existing multiple sclerosis, as recommended by the applicant's Qualified Medical Examiner. The case was returned to the trial level for new proceedings and a decision.

ReconsiderationFindings and AwardQualified Medical ExaminerPermanent DisabilityApportionmentFurther Medical TreatmentDevelop the RecordMandatory Settlement ConferenceSubstantial EvidenceIndustrial Injury
References
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
Case No. ADJ7941040
Regular
Sep 30, 2014

JESSE NICASIO vs. CITY OF MODESTO, Administered by YORK INSURACE SERVICES

The applicant, a former fire chief, sustained industrial injuries to his heart and multiple myeloma. The Appeals Board affirmed the WCJ's finding that his heart trouble was industrially caused, based on the presumption under Labor Code section 3212 and the AME's opinion that it developed during employment. Regarding cancer, the Board found the applicant's multiple myeloma developed within the statutory timeframe, making it presumptively compensable under Labor Code section 3212.1, and the defendant failed to rebut this presumption. Therefore, the applicant is entitled to benefits for both conditions.

Labor Code section 3212.1heart trouble presumptioncancer presumptionmultiple myelomabenzene exposureleft ventricular hypertrophyfire chieflatency periodmanifestationdevelopment
References
Case No. LAO 810766
Regular
Mar 07, 2008

ALISON FAIRCHILD vs. DENNY'S RESTAURANT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal because defense counsel claims they did not receive notice of the mandatory settlement conference and trial. The Board found that defense counsel likely did not receive proper service at their correct address and was thus deprived of notice and an opportunity to appear. Consequently, the scheduled March 13, 2008 trial has been redesignated as a mandatory settlement conference.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceNotice of HearingService of ProcessDeclaration of Readiness to ProceedOfficial Address RecordIndustrial InjuryWaitressMultiple Sclerosis
References
Case No. ADJ6908852 ADJ6908858
Regular
Apr 06, 2011

Steven Anaya vs. Moraga-Orinda Fire Protection District, Self-Insured, Administered by Athens Administrators

The Workers' Compensation Appeals Board denied the employer's Petition for Reconsideration, affirming the WCJ's finding of injury arising out of and in the course of employment (AOE/COE). The WCJ found the applicant's testimony and that of an employee witness credible, supporting the injury finding despite prior back pain noted in medical records. The Board gave great weight to the WCJ's credibility determination and adopted the WCJ's reasoning for denying reconsideration. The employer's arguments regarding reliance on applicant testimony and ignoring medical records were rejected.

AOE/COEPetition for ReconsiderationWCJ credibilityinjury reportKaiser recordsprior back painfirefighterfire captaindelayed reportingAgreed Medical Evaluator
References
Case No. ADJ7427562
Regular
Feb 18, 2016

GEORGE UNSWORTH vs. GRANDVIEW REAL ESTATE, FIRE INSURANCE EXCHANGE

This Workers' Compensation Appeals Board case involves a dispute over permanent disability benefits for George Unsworth, who suffered an industrial injury to his spine, hips, legs, and psyche. The Board rescinded the trial judge's award of 75% permanent disability because the medical evidence, particularly from the Agreed Medical Examiners, did not support this high rating. The Board found that while the applicant sustained an industrial injury to his psyche, the extent of his permanent disability and apportionment between industrial and non-industrial causes required further evaluation. Therefore, the matter was returned to the trial level for a new permanent disability rating and attorney fee determination.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Psychiatric InjuryLabor Code section 3208.3AMA GuidesVocational EvaluationCompromise and Release
References
Case No. ADJ4551658
Regular
Jul 16, 2012

KARIN WHITE vs. CITY OF PASADENA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, but granted the defendant's petition. The Board amended the original decision to exclude industrial injury to the applicant's gastrointestinal system and found that the applicant sustained industrial injury to her heart and hypertension. The Board affirmed the $42\%$ permanent disability award but corrected the total indemnity to $\$ 49,450.00$.

Petitions for ReconsiderationFindings and AwardPolice OfficerIndustrial InjuryHeart InjuryHypertensionGastrointestinal SystemPsycheMultiple SclerosisPermanent Disability
References
Case No. ADJ1168599 (WCK 0050522)
Regular
Mar 05, 2009

STANLEY ANGEL (Deceased) WANDA ANGEL (Widow) vs. DOW CHEMICAL COMPANY, CRAWFORD & COMPANY, TRAVELERS

The Workers' Compensation Appeals Board reversed a prior finding that Stanley Angel's death from multiple myeloma was industrially caused by chemical exposure at Dow Chemical Company. The Board found insufficient evidence of sufficient exposure levels and duration to establish industrial causation. Medical opinions were split, but the Board found the applicant failed to meet the burden of proof for a causal connection. Consequently, the applicant received no further benefits.

Multiple MyelomaToxic Chemical ExposureIndustrial CausationQualified Medical EvaluatorLatency PeriodOrganic SolventsCumulative TraumaIndustrial InjuryWorkers' Compensation Appeals BoardReconsideration
References
Case No. ADJ8960469
Regular
Jan 23, 2014

JOHN BISTAGNE vs. CAST & CREW ENTERTAINMENT SERVICES INC., ZURICH NORTH AMERICA INSURANCE

This case involves a defendant insurer's petition for removal, which the Appeals Board denied. The applicant alleges a cumulative injury with multiple employers, but identified only one. The insurer argues they are not liable due to the applicant's last date of employment potentially falling outside their coverage period. The Board found that essential facts regarding employment dates and exposure remain undetermined. Therefore, the case is remanded to the trial level for a priority conference to join necessary parties and resolve liability.

Petition for RemovalLabor Code Section 5500.5Cumulative InjuryOccupational DiseaseLast Injurious ExposureJoinder of PartiesPriority ConferenceDate of InjuryIrreparable HarmWCJ
References
Case No. ADJ2499103 (VNO 0376180) ADJ3239580 (VNO 0376181)
Regular
Jun 07, 2013

ELIA HINKS vs. PAVLO, WEINBERG & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a dismissal of a lien claimant's lien. The lien claimant had previously paid the required activation fee in a companion case involving the same injured worker and services. The WCAB found that under the applicable Administrative Director rule, only one fee is required when a lien claimant has multiple liens for the same services across different cases for the same worker. Therefore, the dismissal for failure to pay a fee in one specific case was erroneous.

Lien Activation FeeLabor Code section 4903.06(a)(4)SB 863WCJAD Rule 10208Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissal with PrejudiceLien ConferenceMultiple Cases
References
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