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

Case No. ADJ18210611

Regular

May 08, 2025

ELENITA JOVER vs. COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH

Elenita Jover, a licensed vocational nurse, sought reconsideration of a Findings and Award that denied her request for additional Qualified Medical Evaluation (QME) panels. The initial F&A found injuries to her cervical and lumbar spine, shoulders, and right thumb, but not to other claimed body parts like stress, psyche, or internal systems. The Appeals Board granted the petition, rescinded the original F&A, and ordered additional QME panels for pulmonology, internal medicine (diabetes), ophthalmology, ENT, and neurology, returning the case to the trial level for further proceedings. This decision was based on the original QME's recommendation for further evaluations and the need to develop the evidentiary record to ensure substantial justice.

Petition for ReconsiderationQualified Medical EvaluationLicensed Vocational NurseArising out of and in the course of employmentPermanent DisabilityDue ProcessPulmonologistInternistOphthalmologistOtolaryngologist

References

Case No. ADJ402198 (RDG 0130045)

Regular

Dec 27, 2011

GARY SCHOLAR vs. CITY OF CHICO, Permissibly Self-Insured

This case involves a firefighter's workers' compensation claim for squamous cell carcinoma. The key issue is whether the claim is barred by the statute of limitations. The majority affirmed the WCJ's finding that the applicant did not know, nor should have known, his disability was work-related until 2008 due to equivocal medical diagnoses. However, a dissenting opinion argues that by late 2004, the applicant was clearly diagnosed with cancer and understood the statutory presumption that firefighter cancers are work-related, thus making the claim untimely.

ADJ402198Squamous cell carcinomaStatute of limitationsOccupational diseaseDate of injuryReasonable diligenceFire DepartmentOtolaryngologistBiopsyRadiation oncologist

References

Case No. ADJ2737564 (SBR 0322205)

Regular

Nov 10, 2009

Oscar G. Sanchez vs. DIETRICH INDUSTRIES, ST. PAUL/TRAVELERS INSURANCE COMPANY

The Appeals Board denied reconsideration of an opinion and order granting reconsideration and decision after reconsideration. The Board reaffirmed that the 2005 permanent disability rating schedule applied, denying the applicant’s petition for reconsideration.

Permanent Disability Rating ScheduleCumulative Trauma InjuryOtolaryngologistMedical-Legal ReportTreating PhysicianLabor Code Section 4660(d)Exception2005 PDRS1997 PDRSTinnitus

References

Case No. ADJ3985755 (VNO 0446885)

Regular

May 05, 2010

WILLIAM JAMES DUDA vs. BALBOA BILTMORE CONDO. ASSOC., STATE FARM FIRE & CASUALTY CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. This prior decision found that the applicant sustained industrial hearing loss but was not entitled to temporary or permanent disability benefits, only future medical care. The applicant's petition argued that the Workers' Compensation Judge erred by denying witnesses, misinterpreting the Panel QME's report, and not awarding out-of-pocket expenses. The Board adopted the Judge's report which found the applicant's claims lacked merit and the Panel QME's opinion on apportionment and lack of permanent disability was well-reasoned and supported by substantial evidence.

WCABReconsiderationWorkers' Compensation Appeals BoardCumulative TraumaHearing LossOtolaryngologistPanel QMEApportionmentTemporary DisabilityPermanent Disability

References

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ELENITA JOVER vs. COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH

GARY SCHOLAR vs. CITY OF CHICO, Permissibly Self-Insured

ADJ402198Squamous cell carcinomaStatute of limitationsOccupational diseaseDate of injuryReasonable diligenceFire DepartmentOtolaryngologistBiopsyRadiation oncologist

Oscar G. Sanchez vs. DIETRICH INDUSTRIES, ST. PAUL/TRAVELERS INSURANCE COMPANY

Permanent Disability Rating ScheduleCumulative Trauma InjuryOtolaryngologistMedical-Legal ReportTreating PhysicianLabor Code Section 4660(d)Exception2005 PDRS1997 PDRSTinnitus

WILLIAM JAMES DUDA vs. BALBOA BILTMORE CONDO. ASSOC., STATE FARM FIRE & CASUALTY CO.

WCABReconsiderationWorkers' Compensation Appeals BoardCumulative TraumaHearing LossOtolaryngologistPanel QMEApportionmentTemporary DisabilityPermanent Disability