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

Case No. ADJ1924707
Regular
May 29, 2009

JOHN PAUL vs. NAPA VALLEY PACKAGING, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order denies John Paul's Petition for Reconsideration. The Board adopts and incorporates the reasoning of the Workers' Compensation Judge's report. The petition is denied based on the review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationNapa Valley PackagingState Compensation Insurance FundADJ1924707SRO 0139678John Pauladministrative law judge
References
Case No. ADJ9414071 ADJ10133403
Regular
Aug 13, 2018

Kevin McCoy vs. State of California - Pleasant Valley State Prison

This case involves an appeal regarding the permanent disability ratings for a correctional officer's right ankle and respiratory system (Valley Fever) injuries. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the WCJ for further proceedings. The Board found that the Agreed Medical Examiner's (AME) ankle impairment rating was properly calculated, but the Qualified Medical Examiner's (QME) report on the respiratory injury did not sufficiently explain its deviation from strict AMA Guides application. The Board emphasized that medical evaluators must adhere to the AMA Guides or clearly justify any deviations to ensure substantial evidence.

WCABPleasant Valley State Prisonlegally uninsuredState Compensation Insurance FundKevin McCoyADJ9414071ADJ10133403permanent disabilityright anklerespiratory system
References
Case No. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
Case No. ADJ6652737
Regular
Nov 16, 2017

ANTRON LEE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, PLEASANT VALLEY STATE PRISON, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration, rescinded the previous decision, and returned the case to the trial level for further proceedings. The Board found the deposition transcript of the Agreed Medical Examiner, Dr. Markovitz, should have been admitted into evidence. Crucially, the record lacked substantial evidence to determine the date(s) of injury for the applicant's Valley Fever and alleged heart condition. Additionally, the Board noted Valley Fever likely qualifies for the Labor Code Section 3212.10 pneumonia presumption.

Valley FeverCoccidioidomycosisPresumptionLabor Code Section 3212.10Date of InjuryCumulative TraumaAgreed Medical Examiner (AME)ReconsiderationPetitionPermanent Partial Disability
References
Case No. ADJ3262016
Regular
Sep 18, 2015

BETTY DYKEMAN vs. WALNUT VALLEY UNIFIED SCHOOL DISTRICT, VALLEY INSURANCE PROGRAM

This case involves Betty Dykeman's workers' compensation claim against Walnut Valley Unified School District for a 1992 back injury. The School District sought reimbursement from a lien claimant, Monrovia Memorial Hospital, for an alleged overpayment of medical services provided in 2009. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ denied the reimbursement claim due to insufficient and conflicting evidence regarding the value of the medical services and the amount of the alleged overpayment.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWalnut Valley Unified School DistrictYork Risk Services GroupLien ClaimantMonrovia Memorial HospitalPetition for ReimbursementStipulated AwardMedical TreatmentSurgery
References
Case No. ADJ7857198
Regular
Jan 28, 2019

RANULFO CRUZ, (Deceased) vs. HALL MANAGEMENT CORPORATION, EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, and COMPANION PROPERTY AND CASUALTY INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to the estate of Ranulfo Cruz, a deceased farm laborer. The applicant's death was attributed to Coccidiomycosis (Valley Fever) and meningitis, contracted through exposure during his employment. The WCAB adopted the findings of the administrative law judge, who relied heavily on the medical opinion of Dr. Noriega, the panel QME. Dr. Noriega opined that the decedent's occupational duties, involving soil disruption in an endemic region, presented a statistically greater risk of exposure than non-work activities, establishing industrial causation.

Workers' Compensation Appeals BoardRanulfo CruzHall Management CorporationEverest National InsuranceCompanion Property and Casualty InsuranceADJ7857198Petition for ReconsiderationDeniedWCJ reportsubstantial evidence
References
Case No. ADJ4636269
Regular
Jan 27, 2014

JOSEPH VALDEZ vs. SUSANA WOODS dba SIMI VALLEY MOBILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration based on the judge's report. The judge found the applicant lacked credibility due to significant inconsistencies in his testimony regarding the injury mechanism and his employer's response. Furthermore, the judge determined the applicant was not employed on the date of the alleged injury, a critical prerequisite for a workers' compensation claim. The Board adopted the judge's findings and incorporated the report's reasoning into its decision.

ADJ4636269SUSANA WOODS dba SIMI VALLEY MOBILESTATE COMPENSATION INSURANCE FUNDPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. App. Bd.credibilityDr. CapenSouthern California Orthopedic Institute
References
Case No. ADJ339175 (SRO 0132580)\nADJ625556 (STK 0203890)\nADJ614688 (STK 0210392)
Regular
Mar 03, 2012

JEFF BUSCH vs. NAPA PRINTING & GAPHICS, PREFERRED EMPLOYERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns multiple claims filed by Jeff Busch against Napa Printing & Graphics and its insurer. A petition for reconsideration of a January 3, 2012 decision was filed. However, the petitioner subsequently withdrew this petition. Consequently, the Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnApplicantDefendantsNapa Printing & GraphicsPreferred Employers Insurance CompanyADJ339175ADJ625556
References
Case No. ADJ6624821
Regular
Oct 10, 2014

ED WACKERMAN vs. NAPA AUTO PARTS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration filed by defendant Napa Auto Parts. This action was taken due to statutory time constraints and an initial review of the record, necessitating further study of the factual and legal issues. The WCAB requires more time to thoroughly understand the case and issue a just decision. All future communications regarding this case must be filed in writing directly with the WCAB Commissioners' office, not with any district office or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERADJ6624821Napa Auto PartsEmployers Compensation Insurance CompanyJuly 18 2014statutory time constraintsfactual and legal issuesjust and reasoned decision
References
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