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

Case No. ADJ3805628 (SDO 0343204) ADJ374212 (AHM 0120859) ADJ1234915 (SDO 0343200)
Regular
Oct 04, 2018

MARIA GONZALEZ vs. IMPERIAL COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant Maria Gonzalez's cases. The dismissal was based on her failure to object to a Notice of Intention to Dismiss. Applicant claimed she was unable to attend proceedings due to mental and physical limitations stemming from agoraphobia and panic attacks, supported by medical reports. The Board remanded the case for the judge to explore disability accommodations, such as telephone or Skype appearances, to ensure due process.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissGood CauseMentally and Physically UnableTeacher's AssistantDisability AccommodationAgoraphobiaPanic Attacks
References
Case No. ADJ8801352
Regular
Jun 06, 2014

Robert Coon vs. Swift Transportation, Gallagher Bassett Services, Inc.

This case involves a student truck driver attacked while on a dinner break, sustaining severe injuries including partial quadriplegia. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury arose out of and in the course of employment. The Board applied the "commercial traveler" rule and the "personal comfort" doctrine, finding the employee's actions were incidental to his employment. Crucially, the Board determined the attack was a "neutral risk" as there was no evidence of personal motive for the assault.

AOE/COECommercial Traveler RulePersonal Comfort DoctrineNeutral Risk DoctrineThird-Party AssaultUnknown MotiveUnprovoked AttackLong Haul TruckerStudent DriverMentor
References
Case No. ADJ9365063
Regular
Dec 30, 2016

SABRINA RICCIO vs. STATE COMPENSATION INSURANCE FUND, legally uninsured, adjusted by, THE HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the applicant's psyche injury was not predominantly caused by actual employment events and that her internal injuries were not compensable as they were caused by stress. The Board affirmed the WCJ's findings, clarifying that the physical injury (heart attack) caused the psychiatric injury, making the heart attack compensable as a physical injury. The Board also distinguished this case from situations where a physical condition is solely the result of a non-compensable psychiatric injury.

AOE/COEpsychiatric injuryphysical injurystresscausation of injurycausation of disabilityapportionmentcompensable consequencemental-physical injuryLabor Code § 3208.3
References
Case No. ADJ9513119
Regular
Aug 01, 2018

JOHN CALLANAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's take-nothing order due to insufficient factual and legal development regarding the applicant's psychiatric and internal injuries. The WCAB determined that further evidence is required to address causation and "actual events" of employment for the psychiatric claim, as well as to clarify opinions on specific versus cumulative trauma for both the psychiatric and internal injury claims. The matter was returned to the trial level for further proceedings and a new decision by the workers' compensation judge, with the WCAB expressing no final opinion on any substantive issue. The appeals board also noted potential issues with the good faith personnel action defense and the apportionment of impairment versus injury.

Workers' Compensation Appeals BoardPsychiatric InjuryActual Events of EmploymentCumulative TraumaSpecific InjuryGood Faith Personnel ActionPanic AttackAnxietyInternal System InjuryDyspepsia
References
Case No. ADJ7978937
Regular
Aug 26, 2014

KATHERINE JAMES vs. STATE OF CALIFORNIA, CSP KINGS COUNTY AT CORCORAN, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Appeals Board granted reconsideration and amended the original award, admitting defendant's Exhibit E and adjusting the temporary disability indemnity rate. While affirming the finding of a psychiatric injury, the Board rescinded all penalties and sanctions previously awarded. Defendant's assertion of a good faith personnel action defense was deemed reasonable, thus precluding penalties for delayed payment. Temporary disability amounts are to be adjusted by the parties, with jurisdiction reserved for future disputes.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryGastrointestinal SystemDepressionAnxietyPanic AttacksLoss of AppetiteTemporary DisabilityPenalties
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ10657949, ADJ10658047
Regular
Aug 26, 2019

LARRY DAVIS, JR. (Deceased), LYNDA DAVIS vs. PERRIS UNION HIGH SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Lynda Davis's petition for reconsideration, affirming the finding that her deceased husband, Larry Davis Jr., did not sustain industrial injuries leading to his death. The Board found no industrial causation for death benefits, chest, shoulder, stress, or heart attack claims, despite the applicant's contention of error and request for a psychiatric QME panel. The Board agreed with the administrative law judge that the applicant failed to meet her burden of proving industrial causation by a preponderance of the evidence.

Workers' Compensation Appeals BoardADJ10657949ADJ10658047Lynda DavisLarry Davis Jr. (Deceased)Perris Union High School DistrictKeenan & AssociatesJoint Findings and OrderPetition for ReconsiderationWCJ
References
Case No. ADJ2829880 (VNO 0460797)
Regular
Feb 01, 2010

, Applicant, LEW RORICK, vs. PREFERRED PLUMBING, INC.; PREFERRED EMPLOYERS INSURANCE COMPANY,

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as it was not filed against a final order, which is a prerequisite for reconsideration under Labor Code Section 5900. Additionally, the Board denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for such an extraordinary remedy. The applicant's request to take the claim off calendar was based on a newly discovered heart attack potentially related to industrial hypertension, but the Board found these arguments insufficient to justify removal. Therefore, both the dismissal of reconsideration and the denial of removal stand.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOff CalendarIndustrial HypertensionHeart AttackMedical EvidenceCausationNew InjuryAdministrative Law Judge
References
Case No. ADJ10931214
Regular
Apr 03, 2023

RAUL MAGDALENO (Deceased) PATRICIA MAGDALENO JESUS MAGDALENO vs. A&M FOWER GROWERS, INC., ZENITH INSURANCE COMPANY

This case concerns the denial of a Petition for Reconsideration by A&M Flower Growers, Inc. and Zenith Insurance Company regarding the death of Raul Magdaleno. The defendants contested the finding that Magdaleno sustained an industrial injury to his heart leading to his death on March 9, 2017. The Workers' Compensation Appeals Board (WCAB) adopted the Administrative Law Judge's (ALJ) report, which found that Magdaleno's use of NSAIDs for a work-related back strain, however minimal, was a contributing factor to his fatal heart attack. The WCAB relied on the credible testimony of the surviving spouse and the expert medical opinions of Dr. Weber, who opined that employment was a contributing cause without which the injury would not have occurred, citing relevant California Supreme Court precedent.

AOE/COEPetition for ReconsiderationFindings of FactWCJPanel QMEIndustrial CausationSouth Coast FramingMcAllisterNSAIDsContributing Cause
References
Case No. ADJ7899375
Regular
Apr 06, 2020

AMANDA CULVER vs. INITIATIVE FOODS, UNITED STATES FIRE INSURANCE COMPANY, CRUM AND FORSTER

This case involves Amanda Culver's claim for permanent total disability due to a 2010 industrial injury resulting in a fall down stairs. The defendant, Initiative Foods, contested the finding of 100% permanent disability, arguing the Administrative Law Judge (ALJ) improperly relied on an Independent Vocational Evaluator (IVE) and overlooked their own vocational expert. The Workers' Compensation Appeals Board affirmed the ALJ's decision, finding the IVE's report constituted substantial evidence supporting the applicant's permanent total disability. The Board found the defendant's arguments regarding the IVE's methodology and reliance on medical reports unconvincing.

Independent Vocational Evaluatorvocational rehabilitationpermanent total disabilityorthopedic injurypsychiatric injuryapportionmentAgreed Medical Examinerwork restrictionsvocational testingsubstantial evidence
References
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