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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ329334 (OAK 0311178), ADJ2064025 (OAK 0318666)
Regular
Feb 22, 2013

Vilma Ruiz vs. Margaret O'Leary, California Insurance Guarantee Association, for Fremont Indemnity Company, Republic Indemnity Company

The California Workers' Compensation Appeals Board rescinded a prior award finding Republic Indemnity liable for applicant's cumulative injury. The Board ruled that the applicant's compromise and release agreement with Republic barred further claims against them, and that CIGA was not liable because other insurance (Republic) was available. The Board also determined that the applicant's specific injury claim caused no temporary disability, permanent disability, or need for future medical treatment. Consequently, the applicant was awarded no further benefits in either case.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationFremont Indemnity CompanyRepublic Indemnity Companycumulative injuryspecific injurycompromise and releaseinsolvent carriercovered claimsother insurance
References
Case No. ADJ925875 (SFO 0493559) ADJ324063 (SFO 0494762)
Regular
Oct 29, 2009

TIRSA ZULETA vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, TRISTAR

The Petition for Removal is denied based on the review of the record and the administrative law judge's report.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR REMOVALDENIEDSAN FRANCISCO UNIFIED SCHOOL DISTRICTTRISTARADMINISTRATIVE LAW JUDGEADJ925875ADJ324063SFO 0493559SFO 0494762
References
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
References
Case No. ADJ3686385 (SFO 0488392) ADJ2952772 (SFO 0478194)
Regular
Oct 20, 2008

Amy Miller vs. SAN FRANCISCO ART INSTITUTE, FIREMAN'S FUND INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves applicant Amy Miller's petition for reconsideration of the Workers' Compensation Appeals Board's decision denying her claim for cumulative trauma injury to her back. The Board previously reversed the finding of industrial causation for her back injury, finding a lack of substantial medical evidence and a significant delay between the alleged exposure and reported symptoms. Applicant contended the Board erred by not allowing further medical evidence, but the Board reaffirmed its prior decision, distinguishing the facts from the precedent cited and concluding no inference of industrial causation was supported by the record.

Workers' Compensation Appeals BoardAmy MillerSan Francisco Art InstituteFireman's Fund Insurance CompanyRepublic Indemnity Company of AmericaADJ3686385ADJ2952772Petition for ReconsiderationDecision After ReconsiderationAmended Findings Award and Order
References
Case No. ADJ7560127
Regular
May 20, 2013

MICHAEL RICHARDSON vs. SAN FRANCISCO 49ERS, NATIONAL UNION FIRE INSURANCE COMPANY, CHARTIS CLAIMS, INC., CHICAGO BEARS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, OAKLAND RAIDERS, FREMONT INDEMNITY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The Board found the WCJ's determination of the date of injury as February 2, 1989, was not supported by substantial evidence. Medical evidence and applicant's own statements suggest a cumulative trauma injury sustained from January 1, 1989, through December 31, 1989, with the San Francisco 49ers, not solely attributable to the Chicago Bears on February 2, 1989. The Board also directed the WCJ to address the outstanding child support lien in the new decision.

Workers' Compensation Appeals BoardProfessional Football PlayerIndustrial InjuryThoracic SpineLumbar SpineRight ShoulderLeft KneeHeadachesDate of InjuryCumulative Trauma
References
Case No. SFO 415581; SFO 345919 SFO 337689; SFO 350054 SFO 310231; SFO 384791 SFO 396440; SFO 396441 SFO 396442; SFO 396443 SFO 398379; SFO 398380 SFO 415580
Regular
Jul 10, 2007

GERALD F. BISORDI vs. SAN FRANCISCO RECYCLING/NORCAL WASTE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves an applicant seeking to set aside a Compromise and Release agreement for 18 workers' compensation claims. The applicant alleges fraud and lack of proper notification of the agreement's terms. The Workers' Compensation Appeals Board granted reconsideration to return the matter to the trial level to determine service of the agreement, timeliness of the applicant's objection, and good cause to set aside the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJSan Francisco Recycling/Norcal Waste SystemsCalifornia Insurance Guarantee AssociationRepublic Indemnity Company of AmericaFraudLabor Code Section 132a
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
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