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

Case No. ADJ9318348

Regular

Aug 06, 2019

JENNIFER MCMULLEN vs. SPORTSMARK, XL SPECIALTY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns an applicant claiming injury AOE/COE to multiple body parts, including the pituitary gland and cognitive loss, resulting in headaches. The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings, Award, and Orders (FA&O) due to deficiencies in the medical evidence regarding permanent disability. The WCAB found Dr. Anderson's impairment ratings lacked substantial evidence and ordered further development of the record, including potential re-evaluation by Dr. Anderson and specialized opinions from ophthalmology and neuropsychology. The Board also upheld the prior finding of injury AOE/COE to the psyche, denying defendant's request to withdraw from that stipulation.

Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationInjury AOE/COEFindings Award and OrdersPermanent DisabilityLabor Code Section 4662Sub Rosa SurveillanceQualified Medical Evaluator (QME)StipulationsFurther Development of the Record

References

Case No. ADJ4288859 (SAC 0364961)

Regular

Aug 30, 2010

MICHAEL CAHILL vs. CITY OF SONOMA, REDWOOD EMPIRE MUNICIPAL SONOMA

The Workers' Compensation Appeals Board denied the City of Sonoma's petition for reconsideration, affirming the administrative law judge's award. The judge determined Michael Cahill's date of injury for salivary gland cancer was July 25, 2007, finding his claim was not time-barred. This decision was based on the employer's failure to provide a claim form, which tolled the statute of limitations, and the applicant's lack of awareness of his specific claim against the City of Sonoma until that date. The majority found sufficient evidence that the applicant, despite general knowledge of the firefighter cancer presumption, did not know his condition was industrially related to Sonoma until advised by a former employer's HR manager.

Workers' Compensation Appeals BoardSalivary gland cancerFirefighterDate of injuryLabor Code section 5405Statute of limitationsDWC-1 claim formFirefighter's cancer presumptionTollingEquitable estoppel

References

Case No. MISSING

Regular Panel Decision

Jackman v. Schembri

The petitioner's dismissal from his correction officer position by the Correction Commissioner, based on a drug test, was unanimously confirmed. The court found substantial evidence to support the reasonable suspicion justifying the drug test, citing the Health Management Division physician's observations of alcohol on petitioner's breath, nasal congestion, swollen glands, throat soreness, and nystagmus, indicative of substance abuse. Additionally, the petitioner's agitated and hostile behavior in the waiting room contributed to the suspicion. The court also determined that the petitioner's due process rights were not violated by the refusal to grant an adjournment, as he had failed to appear for two previous hearings, his attorney could not explain his absence, and there was no indication he would appear at a later date. Consequently, the petition was denied, and the CPLR Article 78 proceeding was dismissed.

correction officer dismissaldrug testingreasonable suspiciondue processadjournment denialsubstance abusenystagmusadministrative reviewemployment terminationmedical examination findings

References

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JENNIFER MCMULLEN vs. SPORTSMARK, XL SPECIALTY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

MICHAEL CAHILL vs. CITY OF SONOMA, REDWOOD EMPIRE MUNICIPAL SONOMA

Workers' Compensation Appeals BoardSalivary gland cancerFirefighterDate of injuryLabor Code section 5405Statute of limitationsDWC-1 claim formFirefighter's cancer presumptionTollingEquitable estoppel

Jackman v. Schembri

correction officer dismissaldrug testingreasonable suspiciondue processadjournment denialsubstance abusenystagmusadministrative reviewemployment terminationmedical examination findings