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

Case No. ADJ11604315
Regular
Mar 20, 2023

JOSEPH HERNANDEZ vs. PLEASANT VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILATION, STATE COMPENSATION INSURANCE FUND

This case concerns Joseph Hernandez's workers' compensation claim for heart trouble against Pleasant Valley State Prison. The applicant's claim was initially denied but subsequently granted after reconsideration. The defendant's Petition for Reconsideration was denied by the Appeals Board. The core issue revolved around the timing of the applicant's hypertension diagnosis, with the defense relying on a non-existent medical record to establish it as pre-existing. The Board found the defendant failed to rebut the statutory heart trouble presumption for correctional officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedADJ11604315Pleasant Valley State PrisonCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundJoseph HernandezCorrections Officer
References
Case No. ADJ9414071 ADJ10133403
Regular
Aug 13, 2018

Kevin McCoy vs. State of California - Pleasant Valley State Prison

This case involves an appeal regarding the permanent disability ratings for a correctional officer's right ankle and respiratory system (Valley Fever) injuries. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the WCJ for further proceedings. The Board found that the Agreed Medical Examiner's (AME) ankle impairment rating was properly calculated, but the Qualified Medical Examiner's (QME) report on the respiratory injury did not sufficiently explain its deviation from strict AMA Guides application. The Board emphasized that medical evaluators must adhere to the AMA Guides or clearly justify any deviations to ensure substantial evidence.

WCABPleasant Valley State Prisonlegally uninsuredState Compensation Insurance FundKevin McCoyADJ9414071ADJ10133403permanent disabilityright anklerespiratory system
References
Case No. ADJ11500341
Regular
May 06, 2025

David Evans vs. Chuckawalla Valley State Prison, State Compensation Insurance Fund

Applicant David Evans sustained an industrial injury to his circulatory system while employed at Chuckawalla Valley State Prison. The case in chief was resolved by a Stipulated Award. Lien claimant California Correctional Peace Officers Association (CCPOA) Benefit Trust Fund sought reconsideration of a Findings and Order (F&O) that disallowed its lien for living expenses due to time limitations. The Workers' Compensation Appeals Board granted the petition for reconsideration but ultimately found that CCPOA failed to properly notify the defendant of its lien before benefits were paid, thus the defendant is not liable, and CCPOA takes nothing on its lien.

California Workers' CompensationLabor Code section 4903.5Labor Code section 4903.1(a)(3)(A)Lien ClaimantPetition for ReconsiderationStipulated AwardTemporary DisabilityIndustrial InjuryCirculatory SystemCorrectional Officer
References
Case No. ADJ7274616
Regular
Jul 20, 2012

ARNULFO CERVANTES vs. PLEASANT VALLEY STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that an applicant's stroke arose out of and occurred in the course of his employment. The denial was based on a stipulation between the parties that the applicant's job was stressful. This stipulation established "stressful employment" as fact, binding on the parties. The Workers' Compensation Judge correctly utilized this stipulation along with medical evidence to reach the original finding.

WCABReconsiderationStipulationStressful EmploymentPQME EvidenceStrokeArising Out OfCourse Of EmploymentMinutes of HearingSummary of Evidence
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ6473555 ADJ7393801
Regular
Mar 18, 2014

FRANK JONES (Deceased) vs. CDCR KERN VALLEY STATE PRISON

The Workers' Compensation Appeals Board (WCAB) granted the employer's petition for reconsideration of a prior award, despite the petition being brought to the Board's attention after the statutory deadline. The WCAB tolled the 60-day review period due to a delay in the petition reaching the Board. Reconsideration was granted to allow for a thorough review of the factual and legal issues, ensuring a just decision. All further filings are to be directed to the Office of the Commissioners, not district offices or e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationState Compensation Insurance FundWCJLabor Code § 5909statutory time periodtollingdue processShipley v. Workers' Comp. Appeals Bd.State Farm Fire and Casualty v. Workers' Comp. Appeals Bd.
References
Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
Case No. BAK 0147388
Regular
Aug 22, 2007

ALVIN WILEY vs. STATE OF CALIFORNIA, CDCR - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify the application of Labor Code section 4656(c)(1) regarding the limit on temporary disability indemnity. The Board determined that Enhanced Industrial Disability Leave (EIDL) payments count towards the two-year/104-week limit on temporary disability, reversing the judge's prior finding. Consequently, the applicant is entitled to additional temporary disability only for the brief period from December 29, 2006, to January 4, 2007.

Workers' Compensation Appeals BoardAlvin WileyState of California CDCR Wasco State PrisonLegally UninsuredState Compensation Insurance FundAdjusting AgencyBAK 0147388Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7130626 ADJ7130710
Regular
Mar 07, 2013

MARK CABRERA vs. CALIFORNIA STATE PRISON KINGS COUNTY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Cabrera against the California State Prison Kings County. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the WCJ's decision. The WCAB adopted and incorporated the WCJ's report, giving great weight to the judge's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCalifornia State Prison Kings CountyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportGarza v. Workers' Comp. Appeals Bd.Credibility FindingDenied Reconsideration
References
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