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

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. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. ADJ14154023
Regular
Sep 26, 2022

COREY CASTILLO vs. CENTINELA STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding a hernia injury sustained by a correctional officer to be compensable. While the specific statutory presumption for certain public safety officers did not apply, the Board affirmed the judge's finding that the applicant met their burden of proof. This was based on the substantial medical evidence from Dr. Woolf, who opined the hernia was caused by the applicant's heavy lifting and aggravated by a specific work incident. The claim was also found to be timely filed within the statute of limitations.

Workers' Compensation Appeals BoardCorey CastilloCentinela State PrisonCalifornia Department of Corrections and RehabilitationState Compensation Insurance FundPetition for ReconsiderationWCJ Reportsubstantial medical evidencePlace v. Workmen's Comp. Appeals Bd.industrial injury
References
Case No. ADJ2046824
Regular
Jun 24, 2013

OSCAR CARTER vs. COUNTY OF FRESNO

The Appeals Board granted reconsideration to further develop the record regarding the applicant's 100% permanent total disability finding. While the heart trouble presumption for correctional officers was correctly applied, the medical evidence did not sufficiently establish "incurable mental incapacity" as required by Labor Code section 4662(d) for a conclusive presumption of total disability. The Board rescinded the original award and returned the case to the trial level for supplemental medical reporting on the applicant's mental capacity and consideration of formal rating instructions to ensure substantial justice.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLabor Code section 4850Permanent Total DisabilitySubstantial Medical EvidenceLabor Code section 3212.2Heart Trouble PresumptionCorrectional OfficersRebuttal of Presumption
References
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. ADJ12288761
Regular
Dec 29, 2020

MICHAEL GOMEZ vs. CALIFORNIA INSTITUTION FOR WOMEN, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 62% permanent disability for a correctional officer with cumulative trauma. The core issue was whether Left Ventricular Hypertrophy (LVH), found by a QME, constituted "heart trouble" under Labor Code section 3212.2, triggering a presumption of industrial injury. The Board affirmed the WCJ's decision, relying on prior case law and expert medical opinions that LVH, even if minor, qualifies as "heart trouble" for purposes of the presumption. Defendant's arguments that LVH was not "heart trouble" and that medical opinions were contradicted were rejected as insufficient to rebut the presumption.

Workers' Compensation Appeals BoardCalifornia Institution for Womencorrectional officercumulative traumainternal organshypertensionGERDheart trouble presumptionLabor Code section 3212.2Left Ventricular Hypertrophy
References
Case No. ADJ9570414, ADJ9570416
Regular
Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212
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. ADJ7816135
Regular
May 07, 2012

BRYAN FLICKER vs. COUNTY OF BUTTE

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) finding of industrial injury for a correctional lieutenant. The WCJ had applied Labor Code section 3213.3, which presumes lower back impairments in peace officers required to wear duty belts. The Board found insufficient evidence that the applicant was required to wear a duty belt as a condition of employment as a peace officer, which is a prerequisite for the presumption's application. Therefore, the Board rescinded the award and returned the case for a determination of industrial injury without reference to the duty belt presumption, allowing for further record development.

Workers' Compensation Appeals BoardBryan FlickerCounty of ButteADJ7816135Labor Code section 3213.3correctional lieutenantcumulative injurylow back impairmentpeace officerduty belt presumption
References
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