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

Case No. ADJ7081229
Regular
Jul 19, 2012

Patricia Johnson vs. Sam's Club/Walmart, Avizent

The Workers' Compensation Appeals Board (WCAB) denied Patricia Johnson's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no error in the original decision. The Board gave great weight to the WCALJ's credibility findings, as is customary under *Garza v. Workers' Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardDenying ReconsiderationWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.ADJ7081229San Diego District OfficePatricia JohnsonSam's Club/WalmartAvizent
References
Case No. ADJ 3782237
Regular
Sep 04, 2008

PAUL GARCIA vs. SAN FRANCISCO BAY AREA RAPID TRANSIT, INC.

The court awarded applicant's counsel $114.29 in appellate costs, rejecting defendant's objection based on a late-filed answer. The decision is based on California Rules of Court, rule 26(c) and Johnson v. Workers' Comp. Appeals Bd.

WORKERS' COMPENSATION APPEALS BOARDLabor Code § 5811Petition for Writ of ReviewAppellate CostsApplicant's CounselDefendant's ObjectionCalifornia Rules of Courtrule 26(c)reproduction of briefsJohnson v. Workers' Comp. Appeals Bd.
References
Case No. ADJ2533587 (MON 0316136) ADJ3316360 (MON 0316137)
Regular

PATRICIA STELLY vs. AUTO CLUB OF SOUTHERN CALIFORNIA, LIBERTY MUTUAL

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Patricia Stelly. The Board reviewed the petition and the report from the workers' compensation administrative law judge. Ultimately, the Board denied Stelly's petition for reconsideration. The denial was based on the reasoning presented in the administrative law judge's report.

Patricia StellyAuto Club of Southern CaliforniaLiberty MutualADJ2533587ADJ3316360Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdopted
References
Case No. ADJ3083946
Regular
Sep 21, 2009

PATRICIA GRAYKOWSKI vs. MERCY HEALTHCARE OF SACRAMENTO, SEDGWICK 3110 RANCHO CORDOVA

The Workers' Compensation Appeals Board denied Patricia Graykowski's Petition for Reconsideration in case ADJ3083946. The Board adopted and incorporated the reasoning provided in the workers' compensation administrative law judge's report. Therefore, the applicant's request for reconsideration of the prior decision was unsuccessful.

Workers' Compensation Appeals BoardMercy HealthcareSedgwickPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJdenial of reconsiderationADJ3083946SAC 0366283Patricia Graykowski
References
Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)
Regular
Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Patricia Young seeking workers' compensation benefits from the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board has reviewed. After considering the petition and the report of the administrative law judge, the Board has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardDepartment of Corrections and RehabilitationState Compensation Insurance FundAdministrative Law Judge reportDenying removalADJ1890563ADJ3098164SAC 0311772SAC 0357082
References
Case No. ADJ10924076
Regular
Aug 28, 2018

PATRICIA VERA vs. BUMBLE BEE FOODS, ACE AMERICAN INSURANCE COMPANY, ESIS

The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision denying applicant Patricia Vera's claim. The ALJ had found that Vera did not sustain an injury arising out of and in the course of employment and that her claim was barred by the post-termination defense. The WCAB found that the ALJ failed to fully address the exceptions to the post-termination defense under Labor Code Section 3600(a)(10), specifically subsection (D) concerning the date of injury. Therefore, the case was returned to the trial level for further proceedings to determine if the post-termination defense applies and, if not, to address the issue of industrial causation.

Workers Compensation Appeals BoardBumble Bee FoodsACE American Insurance CompanyESISPatricia VeraOpinion and Decision After ReconsiderationFindings and OrderWCJpost-termination defenseindustrial causation
References
Case No. ADJ1654619
Regular
Jun 29, 2011

PATRICIA MEEHAN vs. KAISER FOUNDATION, COMPREHENSIVE COMM. HOME HEALTH, UCSF, FRANKLIN BENEVOLENT CENTER; INTERCARE ROSEVILLE, KAISER OAKLAND, COUNTY OF CONTRA COSTA, SEDGWICK UC 14533 OAKLAND

This case, ADJ1654619, concerns Patricia Meehan's workers' compensation claim against Kaiser Foundation and other entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the report of the workers' compensation administrative law judge as the basis for this denial. Therefore, the petitions for reconsideration are denied.

Patricia MeehanKaiser FoundationWorkers' Compensation Appeals BoardReconsideration DeniedAdministrative Law Judge ReportADJ1654619WCK 0059968Comprehensive Comm. Home HealthUCSFFranklin Benevolent Center
References
Case No. ADJ6861829
Regular
Jun 13, 2012

BART JAMES JOHNSON vs. BEYETTE'S TREE CARE

This case involves a supplemental award of attorney's fees to Bart James Johnson's attorney, pursuant to Labor Code § 5801. The Court of Appeal denied the employer's petition for writ of review, finding no reasonable basis. Consequently, the case was remanded for attorney's fees. The applicant's attorney requested $3,500.00 for ten hours of work at $350 per hour related to the writ of review. The Workers' Compensation Appeals Board deemed this fee reasonable and awarded it against the uninsured employer.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandReasonable Attorney FeesStipulationPetition for FeeAnswer to PetitionLegal Services
References
Case No. ADJ1825244 (SJO 0218090) ADJ409934 (SJO 0218091) ADJ2092501 (SJO 0243094) ADJ2437045 (SJO 0226020)
Regular
Feb 04, 2011

FESSAHAIE TESFAGIORGIS vs. LIFESCAN/JOHNSON & JOHNSON, OLD REPUBLIC Adjusted By BROADSPIRE

This case involves applicant Fessahaine Tesfagiorgis seeking reconsideration of a workers' compensation award. The defendant, Lifescan/Johnson & Johnson, also petitioned for reconsideration. The Appeals Board granted the defendant's petition and denied the applicant's, amending the original award. Specifically, the psychiatric impairment rating was reduced, resulting in a lower overall permanent disability award of 60% totaling $58,862.50. The applicant's attorney's fee was adjusted to 20% of this revised award, totaling $11,772.50, which the Board found to be reasonable given the case's complexity and the attorney's efforts.

WCABReconsiderationFindings and AwardIndustrial InjuryBilateral FeetRight ShoulderRight WristNeckPsychePermanent Disability
References
Case No. ADJ8128265
Regular
Feb 05, 2015

WILLIAM GARNETT vs. DALLAS BASKETBALL LTD (DALLAS MAVERICKS), INSURANCE COMPANY OF NORTH AMERICA/ACE USA, INDIANA PACERS

The Workers' Compensation Appeals Board (WCAB) affirmed a decision denying jurisdiction over applicant William Garnett's cumulative trauma claim. Garnett, a former professional basketball player, argued he sustained injury while playing for the Dallas Mavericks and Indiana Pacers, with over 20 games played in California. However, the WCAB found Garnett's contacts with California insufficient, deeming the 22 games played as de minimis based on the *Johnson* precedent. The Board concluded that constitutional due process required a sufficient relationship between the injury and the state, which was not met here.

Workers' Compensation Appeals BoardCumulative TraumaJurisdictionDe MinimisJohnsonMcKinleyProfessional AthleteNBAIndiana PacersDallas Mavericks
References
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