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

Case No. ADJ8710981
Regular
Mar 25, 2015

PETER FORSBERG vs. NASHVILLE PREDATORS, COLORADO AVALANCHE, PHILADELPHIA FLYERS, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reinstated and affirmed its jurisdiction over Peter Forsberg's cumulative injury claim. The WCAB found that California has a legitimate and substantial interest in adjudicating claims for injuries sustained within the state, and Forsberg's work in California was more than "de minimis" to his cumulative trauma injury. This decision reversed a prior ruling that had denied jurisdiction, finding that the defendant did not prove statutory exemption and that due process concerns were not violated. The case was returned for further proceedings, with a dissenting opinion arguing that Forsberg's limited California contacts were insufficient to establish jurisdiction.

Cumulative injuryProfessional hockey playerWorkers' Compensation Appeals BoardJurisdictionFederal Insurance CompanyColorado AvalancheNashville PredatorsPhiladelphia FlyersDe minimis connectionLegitimate interest
References
23
Case No. 2021 NY Slip Op 03086
Regular Panel Decision
May 13, 2021

People v. Stein

Defendant Jacob Stein appealed two orders: one from July 2018 classifying him as a risk level three sex offender and sexual predator, and another from August 2019 denying his application for reclassification. The Appellate Division, Third Department, modified the July 2018 order by deleting the sexual predator designation, affirming it as modified. The court rejected Stein's claim of ineffective assistance of counsel, finding counsel's actions prudent. The August 2019 order, which denied reclassification, was affirmed, as Stein failed to provide clear and convincing evidence for modification, with the court noting issues with a psychiatrist's preliminary findings that lacked supporting data. The court found no abuse of discretion in the County Court's decisions.

Sex Offender Registration ActRisk Level ClassificationSexual Predator DesignationIneffective Assistance of CounselPedophilia DisorderMental Health EvaluationReclassification ApplicationClear and Convincing EvidenceAbuse of DiscretionAppellate Review
References
12
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
23
Case No. VNO 0276776 VNO 0466575
Regular
May 13, 2008

LUCY ARRIETA vs. BORDEN FOOD SERVICE, CIGNA INSURANCE COMPANY (ESIS)

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, striking the sanctions imposed on the defendant. The WCAB found that Labor Code section 5813, which authorizes sanctions, was inapplicable as both the injury and the application filing predated its effective date. The WCAB otherwise affirmed the WCJ's findings regarding new and further disability and entitlement to benefits.

Petition for ReconsiderationFindings and AwardPetition to ReopenOrder Imposing SanctionsLabor Code § 5813compensable consequence injuriesnew and further disabilitycredibilityapplicant's responseReport of Workers' Compensation Judge
References
2
Case No. RDG 0118990
Regular
Oct 09, 2007

Robert White vs. GERALD BROOKS, STEEL WORK FABRICATION & CONTRACTING, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of industrial injury to the applicant, Robert White, despite the defendant's arguments that the injury predated employment and medical evidence conflicted. However, the Board rescinded the $\$50$ sanction against the defendant's attorney due to a lack of notice and opportunity to be heard. The issue of sanctions has been returned to the trial level for further proceedings consistent with due process.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPost-termination ClaimLabor Code Section 3600(10)Qualified Medical ExaminerSanctionsDue ProcessNotice and Opportunity to be HeardAttorney Fees
References
5
Case No. ADJ10362268
Regular
Apr 27, 2018

LEOVELDINA DUARTE vs. OMEGA EXTRUDING CORPORATION OF CALIFORNIA, OLD REPUBLIC, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original decision. The Board adopted the Judge's report which found the defendants failed to prove applicant's knowledge of injury and disability predated her termination. The defense attorney was admonished for filing a misleading pleading containing substantially false statements. Consequently, the defendant's post-termination defense was deemed inapplicable and the petition was denied.

WCABPetition for ReconsiderationLabor Code section 5813Appeals Board 10561ADJ10362268OMEGA EXTRUDING CORPORATION OF CALIFORNIAOLD REPUBLICGALLAGHER BASSETT SERVICESINC.Anh Tat Hoang
References
1
Case No. ADJ7216208
Regular
Aug 16, 2011

YVONNE MELENDEZ vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant's lien due to an alleged failure to object to a Notice of Intention to Dismiss. The Appeals Board found the dismissal order was prematurely issued by the administrative law judge, predating the lien claimant's deadline to respond by mail. Consequently, the dismissal order was rescinded and the matter returned for further proceedings.

Medical-LegalLien claimantReconsiderationOrder to Dismiss LienNotice of Intention to Dismiss LienWorkers' Compensation Appeals BoardWCJFailure to appearTimely objectionService by mail
References
1
Case No. ADJ7627116
Regular
Nov 03, 2015

Arturo Gallegos vs. Barrett Business Services

The Appeals Board dismissed MH Express Pharmacy's Petition for Reconsideration as untimely filed. However, it granted reconsideration for other lien claimants, rescinded the dismissal of their liens, and returned the matter to the WCJ for a hearing on the merits. This decision was based on the fact that the liens predated the relevant statutory changes and the claimants eventually provided the required supporting documentation. The Board noted that the WCJ should consider sanctions for the delayed compliance.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LienLabor Code Section 4903.8(e)Labor Code Section 4903.5(d)Labor Code Section 4903.8(d)untimely petitionsubstantial justicedisposition on meritsrescinded order
References
4
Case No. ADJ11329990
Regular
Jan 07, 2020

SANDRA CLARA vs. BURGERS N BREWS, AMTRUST NORTH AMERICA

The Appeals Board granted reconsideration, rescinding the trial judge's decision that applicant failed to prove cumulative injury to her wrists and hands. The Board found the prior panel qualified medical evaluator's report insufficient as it predated the application, lacked medical record review, and did not address cumulative trauma. This decision returns the matter to the trial level for further development of the medical evidence regarding the claimed cumulative injury.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderPanel Qualified Medical EvaluatorCumulative Trauma InjurySubstantial EvidenceLabor CodeSpecific InjuryRepetitive Traumatic ActivitiesMedical Evidence
References
1
Case No. AHM 113976
Regular
Dec 03, 2007

LISA MARIE SCHAEFFER vs. ALBERTSON'S, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. This was because the administrative law judge erred in applying the old 1997 disability rating schedule, as no medical reports predating January 1, 2005, indicated the existence of permanent disability according to the *Vera* standard. The issue of psychiatric treatment entitlement was not reached and may be addressed in further proceedings.

Workers Compensation Appeals BoardAlbert'sLisa Marie Schaefferpermanent disability rating1997 Schedule2005 ScheduleVera v. Workers' Comp. Appeals Bd.Labor Code § 4660(d)permanent and stationary statusmedical-legal report
References
1
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