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

Case No. ADJ11369357, ADJ11369329

Regular

May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician

References

Case No. ADJ608436 (RDG 0067603)

Regular

Jul 30, 2013

JERRY MIRES vs. SHASTA COUNTY SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration of the WCJ's order concerning a lien claim's statute of limitations. The defendant argued SB 863 retroactively barred the lien, a contention the WCJ recommended denying. The Board found the record incomplete, lacking formal minutes and admitted evidence, thus preventing a meaningful review. Consequently, the Board ordered a new hearing to establish a proper record before further consideration of the lien claim's validity.

Workers' Compensation Appeals BoardShasta County Sheriff's DepartmentPHI Air MedicalPetition for ReconsiderationStatute of LimitationsSB 863Labor Code Section 4904Labor Code Section 4903.5Hingtgen v. County of San BernardinoAdministrative Law Judge

References

Case No. ADJ823138 (OXN 0142604)

Regular

Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity

References

Case No. ADJ6408456

Regular

May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010

References

Case No. ADJ7534500; ADJ7534814

Regular

Jul 19, 2012

ESTELA GRANADIO vs. ALPHA PHI INTERNATIONAL FRATERNITY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Applicant Estela Granadino did not sustain injury arising out of and occurring in the course of employment. The Board adopted the Administrative Law Judge's report, which concluded the Labor Code §5402(b) presumption of compensability did not apply because the claim forms were not properly filed with the employer. Furthermore, the Judge found Applicant's medical evidence insufficient and her testimony not credible, thus failing to meet her burden of proof. The denial of reconsideration also upheld the specific injury claim's bar by the post-termination defense.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Joint Findings and AwardAOE/COELabor Code §5402(b)Northstar at Tahoe v. Workers' Comp. Appeals Bd.Honeywell v. Workers' Comp. Appeals Bd. (Wagner)State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Welcher)

References

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GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

JERRY MIRES vs. SHASTA COUNTY SHERIFF'S DEPARTMENT

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

KENNETH M. HOOVER vs. CITY OF POMONA

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010

ESTELA GRANADIO vs. ALPHA PHI INTERNATIONAL FRATERNITY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMS PLUS