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

Case No. ADJ7139261

Regular

Sep 10, 2012

VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation

References

Case No. ADJ7284210

Regular

Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation

References

Case No. ADJ7811477, ADJ7811473, ADJ7808129, ADJ6621190

Regular

Apr 18, 2016

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Deanna Carroll's Petition for Reconsideration. The Board adopted the reasoning of the Administrative Law Judge (WCJ), who found that the applicant's conduct met the criteria for being declared a vexatious litigant. This decision followed a history of the applicant filing numerous complaints, accusations of fraud and bias against judicial officers, and unmeritorious petitions. The WCJ found no evidence to support the applicant's allegations in her latest petition, and therefore recommended denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationVexatious LitigantIn Propria PersonaLabor Code Section 5813WCAB Rule 10561Frivolous PetitionUnmeritorious FilingsBad Faith AllegationsPatently Insulting

References

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VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY