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

Case No. ADJ12223070
Regular
Aug 04, 2025

BRIAN WARD vs. LOS ANGELES DODGERS, BALTIMORE ORIOLES, ACE AMERICAN INSURANCE

The applicant, Brian Ward, a former professional athlete, sought reconsideration of a WCJ's January 20, 2022 Findings and Order that found no subject matter jurisdiction over his claim. Ward, a California resident, argued his contract was made in California despite never playing or training in the state. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, concluding there was insufficient evidence to support the WCJ's initial decision without further development of the record. The WCAB also applied equitable tolling due to administrative delays and deferred a final decision pending a complete review of the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationSubject Matter JurisdictionProfessional AthleteContract of HireCalifornia ResidentEquitable TollingLabor Code Section 5909Due ProcessSubstantial Justice
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ916063
Regular
Dec 24, 2010

TERRY SCUDDER vs. VERIZON CALIFORNIA, INC., SEDGWICK CMS

This case involves a petition for reconsideration filed by defendant Verizon California, Inc. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action was taken due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this matter should be directed to the WCAB's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERVERIZON CALIFORNIASEDGWICK CMSSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ14723140
Regular
Aug 08, 2025

Phillip Howlett, et al. vs. California Highway Patrol, State Compensation Insurance Fund

Defendant California Highway Patrol sought reconsideration of a 'Findings and Award' which applied a presumption of compensability for cancer, resulting in the applicant's death. Defendant argued it had rebutted the presumption and that applicant's subsequent employer, University of California Police Department, was liable. The Appeals Board granted reconsideration to correct technical errors in the original F&A, rescinding and reissuing it without substantive changes. The Board affirmed that the Labor Code section 3212.1 cancer presumption applied to CHP employment and was not rebutted. It further clarified that the presumption does not extend to the University of California Police Department, and the defendant provided no evidence of causation under traditional analysis for the subsequent employer.

ADJ14723140Phillip HowlettCalifornia Highway Patrollegally uninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and AwardLabor Code Section 3212.1cancerpresumption of compensability
References
Case No. AHM 70712
Significant

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, and Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinds its 2002 decision and reinstates its 2001 decision, affirming that the California Insurance Guarantee Association (CIGA) is not obligated to pay the lien claim of the Employment Development Department (EDD).

RemittiturEn BancEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimState of Californiarescindedreinstated
References
Case No. ADJ10802982
Regular
Feb 28, 2020

John Klimkiewicz vs. Regents of the University of California

The Workers' Compensation Appeals Board granted reconsideration, reversing the administrative law judge's finding that the applicant was employed by "University of California, Irvine." The Board judicially noticed that the Regents of the University of California is the sole legal employer, encompassing all its campuses, including UC Irvine. Consequently, the applicant's civil settlement with the Regents was not with a "third party," and the defendant's petition for a third-party credit was denied. The Board affirmed the finding of no industrial injury to the chest, arms, or sleep disorder.

Workers' Compensation Appeals BoardPetition for ReconsiderationThird Party CreditLabor Code section 3861Labor Code section 3856Regents of the University of CaliforniaUniversity of California IrvineJudicial NoticePermissibly Self-InsuredIndustrial Injury
References
Case No. ADJ18852673
Regular
Jul 14, 2025

Harrison P. Wenson vs. Los Angeles Angels, Ace American Insurance Company/Chubb

Applicant Harrison P. Wenson sought reconsideration of a WCJ's April 14, 2025, Findings of Fact and Order, which found no California subject matter jurisdiction over his cumulative trauma claim. Wenson argued jurisdiction based on Labor Code section 3600.5(d) exceptions, the defendant being a California employer, and his employment with a California-based team. The Appeals Board granted the petition for reconsideration to further study the jurisdictional issue, deferring a final decision after reconsideration.

Cumulative traumaSubject matter jurisdictionProfessional athleteLabor Code section 3600.5(d)Employer controlCalifornia-based teamContract of hireDuty daysSignificant connectionNexus
References
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