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

Case No. ADJ8984416
Regular
Nov 08, 2016

MARIA GARIBAY vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, which had denied an applicant's claim for psychiatric injury based on the good faith personnel action defense. The Board found that the Agreed Medical Evaluator's reports were deficient regarding causation percentages. The case is returned to the trial level for further development of the record, specifically to obtain a report from the AME addressing the percentage of causation for each workplace incident. This is to allow for a meaningful review of the WCJ's future decision on predominant and substantial cause.

Good faith personnel actionLabor Code section 3208.3psyche injurypredominant causesubstantial causeAgreed Medical Evaluatorpsychiatric disabilitycausation percentagesWorkers' Compensation Appeals Boardindustrial injury
References
1
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. GRO 0029816, GRO 0029817
En Banc

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4663 as amended by SB 899, apportionment of permanent disability is based on causation and may include pre-existing, non-industrial conditions like degenerative arthritis, provided there is substantial medical evidence to support the percentage of non-industrial causation.

SB 899ApportionmentCausationPermanent DisabilityPreexisting ConditionDegenerative ArthritisSubstantial Medical EvidenceMedical ProbabilityLabor Code Section 4663Compensable Consequence
References
56
Case No. FRE 0197989, FRE 0200410
Regular
Feb 04, 2008

SANDRA LaPLANTE vs. WAL-MART, AMERICAN HOME ASSURANCE, AIG, FRANK GATES SERVICE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding that the WCJ erred by not applying the *Benson* doctrine on apportionment of permanent disability based on causation. The Board remanded the case for further proceedings to determine the percentage of permanent disability attributable to each industrial injury and pre-existing conditions, as required by Labor Code sections 4663 and 4664. The *Benson* doctrine dictates that the prior *Wilkinson* doctrine, allowing combined awards in successive injury cases, is no longer generally applicable due to the legislative intent for causation-based apportionment.

Wilkinson doctrineBenson v. The Permanente Groupapportionmentcausationsuccessive industrial injuriescumulative traumaspecific injurypermanent disability ratingmedical examiner reportcompensable consequence
References
9
Case No. SAC 347191
Regular
Apr 09, 2008

STEVE BURGRAFF vs. CONCO CO./RELIABLE TRUCKING; ATHENS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine apportionment of permanent disability following a subsequent injury, considering a prior compromise and release (C&R). The WCAB held that the prior C&R, without specific disability percentage stipulations, does not create a conclusive presumption of prior permanent disability under Labor Code § 4664(b). However, the prior injury evidence remains relevant for apportionment based on causation under Labor Code § 4663, remanding the case for further proceedings to determine the percentage of disability attributable to the current injury versus "other factors."

Workers' Compensation Appeals BoardApplicantDefendantOpinion and Decision After ReconsiderationFindings and AwardIndustrial InjuryLumbar SpinePermanent DisabilityApportionmentCompromise and Release
References
2
Case No. ADJ12471831
Regular
Apr 14, 2025

KATHLEEN ZIPP vs. ST HELENA U.S.D., PSI, NORTH BAY SCHOOLS INSURANCE AUTHORITY

The applicant sought reconsideration of a June 13, 2023, Findings and Order (F&O) which found her psychiatric injury claim barred by the good faith personnel action (GFPA) defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) rescinded the F&O, determining that the medical evidence from the Qualified Medical Evaluator (QME), Dr. Kothapalli, was not sufficiently detailed or Rolda-compliant regarding the causation percentages attributed to personnel actions by Ms. Ely and other school district 'players.' The matter was returned to the trial level for further development of the record, including clarification of events and potentially additional medical opinion, to ensure a proper substantial causation analysis.

Labor Code 3208.3Good Faith Personnel ActionPsychiatric InjuryPredominant CauseSubstantial CauseRolda AnalysisActual Events of EmploymentPersonnel ActionsLawful Nondiscriminatory Good FaithMedical Evidence
References
10
Case No. OAK 0284707, OAK 0291936
Regular
Jan 29, 2008

SHARON TAKAHASHI vs. COUNTY OF ALAMEDA, OCTAGON RISK MANAGEMENT

This case involves two cumulative trauma injuries to applicant's upper extremities. The Appeals Board rescinded prior findings and remanded the case for new decisions due to the WCJ's failure to apply the controlling case law of *Benson* and *Brodie*. These cases mandate a causation-based apportionment and a percentage-based calculation for permanent disability indemnity, rather than the WCJ's previous approach.

Workers' Compensation Appeals BoardIndustrial injuryUpper extremitiesConsequential headachesLeft knee injuryRight ankle injuryPermanent disabilityAttorney's feesCumulative traumaApportionment
References
3
Case No. MON 0218864 MON 0218866
Regular
Sep 11, 2007

TRACY KOOY vs. LAWRY'S RESTAURANT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board decision that awarded benefits for admitted industrial injuries. The defendant argued the awarded permanent disability percentage was too high, disputing the WCJ's apportionment of causation. The Board denied reconsideration, upholding the WCJ's reliance on the agreed medical evaluators' opinions regarding apportionment, finding the defendant failed to prove otherwise.

Workers Compensation Appeals BoardReconsideration DeniedIndustrial InjuriesFibromyalgiaTMJApportionmentAgreed Medical EvaluatorSubstantial EvidenceLabor Code Section 4663Permanent Disability Indemnity
References
4
Case No. MON 315604 MON 315605
Regular
Feb 15, 2008

KEVIN S. LACY vs. HOUSE OF BILLIARDS, ZENITH INSURANCE COMPANY c/o OCTAGON INSURANCE SERVICES, STATEC COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior award and remanded the case to the trial level for further proceedings and a new decision. The rescission was based on the need to re-evaluate permanent disability and apportionment in light of the *Benson* decision, which changed the rules for apportionment from *Wilkinson* to a causation-based standard. The Board also found that further development of the record was required to clarify the apportionment percentages between the two industrial injuries.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonBensonCausationIndustrial InjuryMedical ReportDeposition Testimony
References
2
Case No. ADJ537546 (GOL 0093559), ADJ1231164 (GOL 0093556), ADJ3293778 (GOL 0093558), ADJ675879 (GOL 0093560), ADJ413688 (GOL 0093561), ADJ2035050 (GOL 0093557)
Regular
Apr 11, 2014

EDWARD MCGREADY vs. SANTA BARBARA COUNTY FIRE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning multiple firefighter injuries for Edward McGready. The Board rescinded the award and remanded the cases to the trial level. Key issues included unclear permanent disability percentages for heart and back injuries, and the need for specific apportionment of causation between multiple injuries. The WCAB also noted an improperly awarded attorney's fee for one specific injury.

Workers' Compensation Appeals BoardSanta Barbara County Fire Departmentfirefightercumulative traumapermanent disabilityapportionmentorthopedicAgreed Medical Examinercardiac conditioncausation
References
2
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