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

Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
References
4
Case No. ADJ7948651
Regular
May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference
References
2
Case No. ADJ8833301, ADJ8833300, ADJ8833298, ADJ8838515
Regular
Feb 16, 2016

Richard Feigel Perez vs. City of Oakland

This Workers' Compensation Appeals Board (WCAB) order grants reconsideration of a November 23, 2015, decision concerning applicant Richard Feigel Perez and defendant City of Oakland. The WCAB found it necessary to grant reconsideration to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all related correspondence must be filed directly with the WCAB Commissioners, not district offices or EAMS.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationSan Francisco District OfficeCity of OaklandPermissibly Self-InsuredJT2 Integrated ResourcesStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
0
Case No. ADJ8481999
Regular
Jan 21, 2020

Benjamin Claxton vs. Arizona Cardinals, Great Divide Insurance Company, administered by Berkley Specialty Underwriting Managers, Oakland Raiders, Ace American Insurance, administered by ESIS

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration for Benjamin Claxton's case against the Arizona Cardinals and Oakland Raiders. This decision was made after an initial review of the record and is intended to allow for further study of the factual and legal issues. The WCAB aims to issue a just and reasoned decision after this thorough examination. Pending the decision after reconsideration, all related communications must be filed directly with the WCAB Commissioners, not with any district office or through EAMS.

Petition for ReconsiderationWorkers' Compensation Appeals BoardArizona CardinalsGreat Divide Insurance CompanyBerkley Specialty Underwriting ManagersOakland RaidersAce American InsuranceESISOpinion and OrderGranting Petition
References
1
Case No. ADJ1730584 (OAK 0230681)
Regular
Jun 11, 2013

ELDORA ROBINSON vs. OAKLAND UNIFIED SCHOOL DISTSRICT, JT2 INTEGRATED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Eldora Robinson's claim against Oakland Unified School District and JT2 Integrated Services. The WCAB rescinded the judge's decision, finding it was not a final resolution on the merits. The case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. Parties retain the right to seek reconsideration of the subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeWCJReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelFinal DecisionMerits
References
0
Case No. ADJ3273317 (OAK 0239199)
Regular
Sep 11, 2013

C. DUPSI BROWN-KURIA vs. CITY OF OAKLAND, Administered by JT2 INTEGRATED RESOURCES, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior finding that applicant C. Dupsi Brown-Kuria sustained 100% permanent disability due to work-related injuries. The defendant, City of Oakland, had petitioned for reconsideration, arguing insufficient medical evidence supported the total disability finding. The WCAB reviewed the case and adopted the administrative law judge's report, upholding the original award. Applicant's request for sanctions and attorney fees due to the defendant's initial violation of filing page limits was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to DismissPage LimitationFindings and AwardPermanent DisabilitySpecific InjuryCumulative InjuryHousing Development CoordinatorSubstantial Medical Evidence
References
0
Case No. ADJ7033127
Regular
Sep 15, 2010

JOSEPH KROUSHOUR vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision that found Joseph Kroushour's left shoulder injury compensable. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which concluded Kroushour's belief that maintaining physical fitness was an employment expectancy was both subjectively held and objectively reasonable. The judge found the police officer's weightlifting to be a reasonable part of preparing for his return to duty, supported by departmental rules and job requirements. The defendant's arguments on reconsideration, including raising a new legal theory, were deemed without merit and not supported by the record.

Workers' Compensation Appeals BoardCity of OaklandJoseph KroushourPetition for ReconsiderationOrder Denying ReconsiderationReport and RecommendationInjury AOE/COELeft Shoulder InjuryPolice OfficerPermissibly Self-Insured
References
4
Case No. ADJ7957871, ADJ7957891
Regular
May 07, 2019

GEORGE BRIGGS vs. CITY OF OAKLAND

This case involved a successive petition for reconsideration filed by George Briggs, which was dismissed by the Workers' Compensation Appeals Board (WCAB). The WCAB reiterated the rule that a party cannot file a second petition for reconsideration after an initial one failed, unless new evidence is presented. Since Briggs' current petition raised the same issues as a prior unsuccessful one and no new evidence was considered, it was deemed improper. Consequently, the WCAB dismissed the petition, requiring any further challenge to be pursued via a writ of review.

Successive petitionPetition for reconsiderationAppeals BoardWorkers' Compensation Appeals BoardDismissalNewly aggrievedWrit of reviewNew evidenceAdministrative law judgeWCJ
References
5
Case No. ESRP 99030 (WCAB Case No. ADJ3304426 [RIV 0019356])
Regular
Jun 13, 2017

JIMMIE WISE vs. EASTSIDE RESERVOIR PROJECT/AWZ, ITT HARTFORD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of its prior dismissal of the defendant's petition. The WCAB acknowledged an arithmetical error in calculating the timeliness of an arbitrator's order modifying the original findings and award. The arbitrator's order was timely, thus the WCAB affirmed this aspect and returned the case to the arbitrator for further proceedings. However, the dismissal of the defendant's petition for failure to properly serve the arbitrator was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFurther Medical TreatmentSurgeryAlternative Dispute Resolution AgreementMediator's OrderRule 10850Rule 10859Arithmetical Error
References
2
Case No. ADJ4569483 (STK 0214134)
Regular
Sep 18, 2012

Samuel Turco vs. CITY OF OAKLAND, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted the City of Oakland's petition for reconsideration, overturning a prior finding that Samuel Turco's cumulative trauma heart injury claim was not time-barred. The Board determined that Turco knew or should have known his disability was industrially caused by no later than February 10, 2007, when he sought legal advice and filed a claim related to his 2002 heart attack. Since his claim against the City of Oakland was filed in April 2008, it was deemed barred by the one-year statute of limitations under Labor Code section 5405. Consequently, Turco's claim against the City of Oakland was dismissed.

Workers' Compensation Appeals BoardADJ4569483Samuel TurcoCity of Oaklandcumulative trauma injuryheart and cardiovascular systempolice officerLabor Code section 3212.5statute of limitationsknowledge of compensable disability
References
3
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