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

Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ2834514 (RDG 0121099)
Regular
Dec 09, 2011

VAJOS KALOMIROS vs. AGILENT TECHNOLOGIES (aka VARIAN, INC.) permissibly self-insured, SPECIALTY RISK PLEASANTON

The Appeals Board reversed the WCJ's decision, finding the applicant's workers' compensation claim was not barred by the statute of limitations. The Board determined the defendant failed to meet its burden of proof in establishing that the applicant knew or should have known his pulmonary condition was work-related. Crucially, the applicant lacked medical confirmation of causation, and the WCJ's reliance on an anonymous letter and a consultation with an out-of-state attorney was deemed insufficient evidence. The case is returned to the WCJ for further proceedings on the merits.

Statute of LimitationsPulmonary diseaseCumulative injuryDate of injuryLabor Code section 5412Labor Code section 5405Actual knowledgeConstructive knowledgeMedical confirmationOccupational disease
References
Case No. ADJ2562535 (BAK 0151733)
Regular
Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma
References
Case No. FRE 0213272
Regular
Oct 02, 2007

ROGER MILLS vs. SUNRISE BUILDERS, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board affirmed the WCJ's decision, denying the applicant's contentions regarding a pulmonary injury. The Board found the applicant's permanent disability rating of 40% for an orthopedic injury was consistent with medical opinions and relevant case law, particularly regarding apportionment of pre-existing conditions. The decision disallowed claims for the pulmonary condition and associated medical treatment, upholding the original award.

Workers' Compensation Appeals BoardPulmonary/Respiratory InjuryOrthopedic InjuryPermanent and StationaryTemporary DisabilityPermanent Disability AwardApportionmentSB 899Agreed Medical EvaluatorBrodie v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8906863
Regular
Feb 17, 2023

YURI MARKEVITCH vs. HITACID GLOBAL STORAGE TECHNOLOGY, TOKIO MARINE and FIRE INSURANCE COMPANY LTD, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of a Legionnaires' disease claim. The applicant contracted the disease during a business trip abroad, which was deemed to have arisen out of and in the course of employment. The Board found the applicant was exposed to a special risk due to travel, distinguishing this case from prior precedents involving non-infectious diseases. Therefore, the Board upheld the compensability of the applicant's injury.

AOE/COELaTourette v. Workers' Comp. Appeals Bd.course of employmentarise out of employmentcommercial traveler ruleinfectious diseasespecial exposurerisk of communitymedical expert opinionLegionella Pneumonia
References
Case No. ADJ4052884 (AHM 0136124) ADJ6520242
Regular
Feb 20, 2014

EMILIO EDDIE ROMERO (Deceased) SARA ROMERO (Widow) vs. CLOROX PRODUCTS MANUFACTURING

The Appeals Board granted the defendant's petition for removal, rescinding an order to replace a Qualified Medical Evaluator (QME). The WCJ had terminated the QME believing his partial review and stated refusal to review more records showed prejudgment on causation. However, the Appeals Board found it premature to disqualify the QME, noting his opinion of idiopathic pulmonary fibrosis as an unknown cause of disease could render additional MSDS irrelevant if correct. The Board ordered a deposition of the QME to explore his opinions and any alleged bias before deciding on a replacement, allowing further record development.

Petition for RemovalPQMEPanel Qualified Medical EvaluatorCausationIdiopathic Pulmonary FibrosisMaterial Safety Data SheetsMSDSSubstantial Medical EvidenceDepositionMcDuffie v. Los Angeles County Metropolitan Transit District
References
Case No. ADJ13703697
Regular
May 22, 2025

VICTOR ROMERO vs. SANTA BARBARA SMOKEHOUSE, COMPWEST INSURANCE COMPANY

Victor Romero, the applicant, sustained a COVID-19 related injury resulting in pulmonary fibrosis and chronic lung disease. The defendant, Santa Barbara Smokehouse and Compwest Insurance Company, sought reconsideration of a Findings and Award (F&A) which entitled the applicant to temporary disability exceeding 104 weeks. The defendant argued that Dr. Gerald Markovitz's medical report was not substantial evidence and that their due process rights were violated. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, affirming that Dr. Markovitz's report constituted substantial medical evidence. Consequently, the Board denied the defendant's Petition for Reconsideration.

AOE/COECOVID-19Pulmonary fibrosisChronic lung diseaseTemporary disabilityLabor Code § 4656Permanent and stationaryMMIPetition for reconsiderationSubstantial medical evidence
References
Case No. 2816864 (VNO 0561423), ADJ2085813 (VNO 0561424), ADJ2591629 (VNO 0561426), ADJ7666693
Regular
Feb 02, 2012

RICHARD BARROW vs. County of Orange

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Richard Barrow's cumulative trauma injury, including spindle cell carcinoma and heart disease, was industrially caused. The Board found that the statute of limitations did not bar Barrow's claim as he did not know, nor should he have reasonably known, that his disability was work-related until later medical advice. The Board also upheld the temporary disability indemnity rate, finding it should be based on the date of payment, not the date of disability.

Workers' Compensation Appeals BoardCumulative traumaStatute of LimitationsLabor Code section 5412Date of injuryAgreed Medical ExaminerSpindle cell carcinomaCoronary artery diseasePulmonary restrictive lung diseaseRadiation induced cardiomyopathy
References
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