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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ7101808
Regular
Feb 21, 2014

DAVID GREGOR vs. CITY OF HAWTHORNE, Permissibly Self-Insured By ADMINSURE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a prior decision that disallowed the lien. The WCJ found the lien claimant failed to prove treatment was for an industrial injury and that the defendant successfully rebutted the statutory presumption of industrial causation for the applicant's cancer. The Board agreed that the lien claimant did not present substantial evidence of exposure to a known carcinogen, which is required to invoke the presumption. Therefore, the lien claimant failed to meet its burden of proof for industrial causation of the cancer.

Labor Code section 3212.1peace officer presumptionindustrial injurycancer causationrebuttable presumptionknown carcinogenoccupational exposuremedical treatment lienworkers' compensationPetition for Reconsideration
References
9
Case No. ADJ7143993
Regular
Jun 29, 2015

GILBERT ORTIZ vs. CITY OF FULLERTON; Permissibly SelfInsured, Administered By ADMINSURE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, finding that res judicata and collateral estoppel did not apply to determine industrial causation for a Public Employees' Retirement System (PERS) disability retirement. The stipulated workers' compensation award was expressly limited and the Labor Code section 3212 presumption is inapplicable to PERS matters. Furthermore, the Board found the agreed medical examiner's opinions too speculative and lacking in substantial evidence to establish causation for the disability retirement claim. The case is remanded for further development of the record to determine industrial causation under the correct legal standard without the section 3212 presumption.

Workers' Compensation Appeals BoardGilbert OrtizCity of Fullertonheart injuryindustrial causationres judicatacollateral estoppelstipulated awardAgreed Medical Examiner (AME)Gerald Markovitz
References
1
Case No. ADJ9979717, ADJ9983551
Regular
Apr 15, 2020

James Wieboldt vs. County of San Diego

The Appeals Board rescinded two WCJ findings of industrial colon and vocal cord cancer, returning the cases for further proceedings. The Board found the medical opinions of Drs. Woolf and Berman lacked substantial evidence due to issues with causation, exposure details, and reliance on incorrect legal presumptions. While the applicant has the burden to prove industrial causation absent the cancer presumption, the Board determined the current medical record requires further development. The Board also noted discrepancies regarding the applicant's job titles and claimed periods of exposure that need clarification.

Workers Compensation Appeals BoardJames WieboldtCounty of San DiegoColon CancerVocal Cord CancerIndustrial InjuryMedical OpinionSubstantial EvidenceLabor Code Section 3212.1Cancer Presumption
References
8
Case No. MISSING
Regular Panel Decision
Apr 09, 1981

Claim of Yarter v. S. R. Beltrone, Inc.

A carpenter died from a cerebral hemorrhage after being found unconscious next to a ladder at work, an incident unwitnessed but occurring shortly after he was seen working on the ladder. The Workers' Compensation Board ruled it an industrial accident and applied the presumption of Section 21 of the Workers’ Compensation Law. The employer and its insurance carrier appealed, challenging the application of the presumption and the sufficiency of the medical evidence regarding causation. The appellate court affirmed the Board's decision, holding that the presumption was properly applied given the unwitnessed fall at work, and that the medical testimony supported the finding of causation, thereby upholding the Board's determination that the presumption had not been rebutted.

Cerebral HemorrhageIndustrial AccidentUnwitnessed FallWorkers' Compensation Law Section 21Presumption of CompensabilityMedical CausationAppellate ReviewEmployer LiabilityInsurance Carrier LiabilityWorkers' Compensation Board Decision
References
9
Case No. ADJ10002681
Regular
Sep 07, 2018

ALLISON WIGGINS vs. KERN VALLEY STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claim of industrial heart injury, which was initially denied by the administrative law judge despite a finding of industrial hypertension. The Board found that the applicant, a correctional officer, is entitled to a rebuttable presumption of industrial causation for heart trouble under Labor Code § 3212.2. Crucially, the Court determined that the record needs further development to clarify industrial contribution to the applicant's valvular insufficiency, considering the absence of an anti-attribution clause in § 3212.2 which differs from other related statutes. Therefore, the case is returned to the trial level for further development of evidence and a decision on rebuttal of the presumption.

Labor Code section 3212.2heart trouble presumptioncorrectional officerbicuspid aortic valvevalvular diseaseindustrial injurypermanent disabilitycumulative periodrebuttal of presumptionagreed medical evaluator
References
7
Case No. ADJ9623149
Regular
Jun 25, 2018

ADAM PALSGROVE vs. CITY OF PALO ALTO, YORK RISK SERVICES GROUP, INC.

This case involves a firefighter diagnosed with basal cell carcinoma, claiming it's industrially caused under the Labor Code section 3212.1 presumption. The defendant employer attempted to rebut this presumption by arguing the cancer's latency period exceeded the applicant's employment duration. However, medical evidence indicated that cumulative exposure to UV light during employment contributed to the cancer's development. The Appeals Board granted reconsideration, finding the employer failed to rebut the presumption of industrial causation based on this medical evidence.

Labor Code 3212.1Firefighter presumptionBasal cell carcinomaIndustrial causationRebuttal of presumptionKnown carcinogenLatency periodCumulative effectUV light exposureMedical evidence
References
7
Case No. ADJ1402736
Regular
Jan 04, 2010

SANDY BASTIAN vs. COUNTY OF VENTURA

This case involves a firefighter diagnosed with breast cancer who claimed industrial injury under California Labor Code section 3212.1. The defendant employer argued the statutory presumption of industrial causation was rebutted by an Agreed Medical Examiner's opinion stating the cancer was non-industrial, citing a lack of studies linking female firefighter exposures to breast cancer. The Appeals Board affirmed the WCJ's decision, finding the applicant sufficiently demonstrated exposure to carcinogens and the defendant failed to meet its burden to prove the exposure was "not reasonably linked" to the cancer. The court clarified that the mere absence of specific epidemiological studies does not rebut the presumption under section 3212.1.

Labor Code section 3212.1firefightercancer presumptionindustrial injuryrebuttable presumptioncarcinogen exposureAgreed Medical Examiner (AME)non-industrial causationindustrial causationAppeals Board
References
4
Case No. ADJ7284210
Regular
Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation
References
5
Case No. ADJ8548222
Regular
Jun 08, 2015

YOLANDA MENDEZ SALAS vs. CARTER'S, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to applicant's low back. The Board clarified that the 90-day presumption of compensability under Labor Code section 5402(b) is triggered only by the filing of a claim form, not by the employer's knowledge of an injury or the filing of an Application for Adjudication of Claim. The case was returned to the WCJ for further proceedings to determine industrial causation without the benefit of this presumption.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryArising Out Of EmploymentCourse Of EmploymentAOE/COELabor Code section 5402Presumption of CompensabilityClaim Form
References
1
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