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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ6822166
Regular
May 27, 2011

Jackie Thompson vs. Los Angeles Unified School District

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that a school district police officer was entitled to a cancer presumption for his prostate cancer. The Board found that while the applicant was a peace officer, his authority was defined by Penal Code section 830.32, not section 830.1 as initially determined. Because Labor Code section 3212.1's cancer presumption specifically lists peace officers defined under certain Penal Code sections and does not include those under 830.32, the applicant is not entitled to the presumption.

Labor Code 3212.1Penal Code 830.32Peace OfficerSchool District Police OfficerCancer PresumptionIndustrial InjuryReconsiderationWCABLaw Enforcement ActivitiesWilliam Dallas Jones Cancer Presumption Act
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ11629176
Regular
Dec 30, 2019

Isabel Aguirre vs. STATE OF CALIFORNIA

This case involves an applicant correctional officer who claimed industrial injury to her back, neck, and shoulder. The Workers' Compensation Appeals Board granted reconsideration, finding the applicant is not entitled to the Labor Code section 3213.2 presumption. This presumption, for lower back impairments, explicitly applies only to specific law enforcement classifications, not correctional officers. The Board amended the prior decision to remove the presumption and ordered further medical record development.

Labor Code §3213.2PresumptionPeace OfficerCorrectional OfficerDuty BeltReconsiderationFindings and AwardWCJMedical RecordPeace Officer Classification
References
Case No. ADJ8722028
Regular
Apr 04, 2014

TONYA OREPEZA ZAMORA vs. SANTA CLARA COUNTY DEPARTMENT OF CORRECTIONS

This case involves a correctional officer diagnosed with uterine cancer who claimed a workers' compensation industrial injury. The defendant contested her eligibility, arguing she was not a "peace officer" under Penal Code section 830.1 at the time of diagnosis. The Board denied reconsideration, finding that despite a title delay, the applicant was performing the duties and was eligible to be a deputy sheriff. Her job duties did not change, making her status as a peace officer, for the purposes of her claim, evident.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSheriff's Correctional DeputyIndustrial InjuryUterus CancerPermanent Partial DisabilityLabor Code section 3212.1Penal Code section 830.1Peace Officer
References
Case No. ADJ7197213
Regular
Oct 03, 2011

Robert Goslin vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS/REHABILITATION; Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding that the applicant, a correctional officer, was not entitled to the industrial cancer presumption under Labor Code section 3212.1. The Board determined that correctional officers are not among the specifically enumerated "peace officers" eligible for this presumption. Furthermore, the applicant failed to meet the burden of proving his cancer was industrially caused, as the medical expert found insufficient occupational exposure to link it to his employment. Consequently, the applicant's claim for injury arising out of and in the course of employment was denied.

Labor Code section 3212.1Penal Code section 830.2(d)(1)correctional officerpeace officerindustrial cancer presumptionAOE/COEPanel Qualified Medical Evaluator (PQME)nexusdisputable presumptionexpressio unius exclusio alterius
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ8962530
Regular
Oct 05, 2015

Angelina Campos vs. INTEGRATED HEALTH MANAGEMENT SERVICES, CNA CLAIMS PLUS

This case involves a workers' compensation applicant who initially filed in Santa Barbara but was rerouted to Oxnard and then San Luis Obispo. The applicant, now represented, sought to transfer venue back to Santa Barbara, arguing it was the proper location due to her residence, attorney's office, and original filing intent. The WCAB granted removal, rescinded the WCJ's denial, and ordered the venue transferred to Santa Barbara, finding it a valid district office with full services. The decision emphasizes that venue is mandatory in the county of residence or attorney's principal place of business if a district office exists there.

WCABPetition for RemovalChange of VenueLabor Code Section 5501.5Pro PerSan Luis Obispo District OfficeSanta Barbara District OfficeOxnard District OfficeApplication for Adjudication of ClaimCumulative Injury
References
Case No. ADJ9312112
Regular
Apr 17, 2017

CUONG PHAN vs. CITY OF SANTA CLARA

In this case, the Workers' Compensation Appeals Board denied the defendant City of Santa Clara's petition for reconsideration. The Board upheld a prior finding that applicant Cuong Phan sustained industrial injuries to his lower back, resulting in 29% permanent disability. The key issue was the application of the "duty belt presumption" under Labor Code section 3213.2, which presumes lower back impairments in long-term peace officers required to wear duty belts arise from employment. The Board found the presumption applicable and not rebutted, deeming it a legislative intent to protect officers with these specific conditions.

Duty belt presumptionLabor Code section 3213.2police officerlower back impairmentpeace officerpermanent disabilityjoint findings and awardpetition for reconsiderationBenson apportionmentLabor Code section 4663(e)
References
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