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

Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
Case No. ADJ6836868
Regular
Feb 03, 2012

STEPHEN SEAVELLO vs. COUNTY OF SAN DIEGO

This case concerns a deputy sheriff diagnosed with skin cancer, with a presumption that it arose from his employment. The Workers' Compensation Appeals Board reversed the administrative law judge's finding that the skin cancer was an "insidious disease process" and the subsequent reservation of jurisdiction over permanent disability. The Board determined that the applicant's condition was found to be permanent and stationary, and not a progressive insidious disease, thus precluding jurisdiction beyond the statutory five-year limit for amendments. Consequently, the original award of 4% permanent disability and need for future medical treatment was reinstated, but without the reservation of jurisdiction.

Workers' Compensation Appeals BoardStephen SeavelloCounty of San DiegoSkin CancerDeputy SheriffPermanent DisabilityFuture Medical TreatmentInsidious Disease ProcessReservation of JurisdictionLabor Code Section 5804
References
Case No. ADJ4628737
Regular
Mar 08, 2010

FREDDIE HENSON vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the County of Fresno's petition for reconsideration, affirming the finding that Freddie Henson sustained injury arising out of and occurring in the course of employment (AOE/COE). The Board found that Henson's training, though part of a university program, was directly beneficial to his role as a reserve deputy sheriff and was impliedly authorized by the County. The injury occurred during a training scenario, exposing him to dangers inherent in his employment as a law enforcement officer. Therefore, the Board concluded Henson was acting within the course of his employment when injured.

Workers' Compensation Appeals BoardReserve Deputy SheriffCriminology 108Fresno StateAOE/COEcourse of employmentimpliedly authorizeddirect benefitjob functionstraining scenario
References
Case No. ADJ8722028
Regular
Apr 04, 2014

TONYA OREPEZA ZAMORA vs. SANTA CLARA COUNTY DEPARTMENT OF CORRECTIONS

This case involves a correctional officer diagnosed with uterine cancer who claimed a workers' compensation industrial injury. The defendant contested her eligibility, arguing she was not a "peace officer" under Penal Code section 830.1 at the time of diagnosis. The Board denied reconsideration, finding that despite a title delay, the applicant was performing the duties and was eligible to be a deputy sheriff. Her job duties did not change, making her status as a peace officer, for the purposes of her claim, evident.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSheriff's Correctional DeputyIndustrial InjuryUterus CancerPermanent Partial DisabilityLabor Code section 3212.1Penal Code section 830.1Peace Officer
References
Case No. ADJ6919393, ADJ6919452
Regular
Oct 06, 2014

LEES VAN DYKE vs. COUNTY OF VENTURA

The applicant, a deputy sheriff trainee, sustained admitted injury to his right foot, ankle, and hips on July 10, 2006, and a subsequent cumulative trauma injury ending around July 2007 to his feet and hips. The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant was not engaged in "active law enforcement service" for Labor Code section 4850 benefits during his specific injury on July 10, 2006. However, the entitlement to section 4850 benefits for the cumulative trauma injury remains deferred for further proceedings. The Board otherwise affirmed the WCJ's findings regarding temporary disability and permanent stationary date.

Workers' Compensation Appeals BoardLabor Code Section 4850Deputy Sheriff TraineeProvisional Deputy SheriffActive Law Enforcement ServiceCumulative TraumaSpecific InjuryPetition for ReconsiderationFindings and AwardAgreed Medical Examiner
References
Case No. ADJ8211363
Regular
Sep 23, 2014

LUIS GONZALES vs. ROBERT HEELY CONSTRUCTION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding cumulative trauma injury to the applicant's lungs from Valley Fever. The WCJ reserved jurisdiction over final permanent disability, deeming the disease insidious and potentially reoccurring, despite the applicant's current stable condition. The Board affirmed the WCJ's decision, citing medical evidence of potential relapse and the precedent allowing jurisdiction reservation for insidious progressive diseases. A dissenting opinion argued the medical evidence did not support classifying Valley Fever as insidious and progressive in this case, and thus jurisdiction should not have been reserved beyond the statutory limit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardcumulative trauma injuryValley Fevercoccidioidomycosisinsidious progressive diseasepermanent disabilityreservation of jurisdictionAgreed Medical Examiner
References
Case No. ADJ9137744
Regular
Apr 21, 2023

CHARLES MONTIERTH vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

This case concerns whether the applicant's skin cancer qualifies as an insidious progressive disease. The Appeals Board affirmed the WCJ's finding that it does, based on evidence of a significantly elevated risk of recurrence and potential for increased disability, justifying reserved jurisdiction over permanent disability. This ruling aligns with precedent allowing for such reservation in cases of progressive diseases with uncertain future outcomes. Therefore, the original Findings and Award are affirmed.

Insidious progressive diseaseJackson doctrineReservation of jurisdictionPermanent disabilitySkin cancerMalignant melanomaBasal cell carcinomaActinic keratosesLifetime surveillanceMedical monitoring
References
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
Case No. ADJ1455856 (GRO 0032468)
Regular
Jul 08, 2011

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case involves defendant State Compensation Insurance Fund's petition for reconsideration of a Findings and Award. The administrative law judge (WCJ) previously stipulated applicant sustained permanent disability of 37% with no apportionment, reserving jurisdiction on the applicability of the *Ogilvie* decision. The defendant argues the WCJ erred by reserving jurisdiction and rejecting the Agreed Medical Examiner's apportionment. The Appeals Board granted reconsideration and removal to address these contentions, while deferring final decisions on permanent disability, apportionment, and attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and AwardPermanent DisabilityApportionmentAgreed Medical ExaminerOgilviePetition to ReopenJurisdiction Reserved
References
Case No. ADJ8249857
Regular
Jan 19, 2016

LARRY ADAIR vs. CITY OF SAN DIEGO

The applicant sought reconsideration of a workers' compensation award for skin cancer, arguing the permanent disability rating was insufficient and jurisdiction should be reserved due to the progressive nature of the disease. The Appeals Board granted reconsideration, affirming the original award but amending it to include a finding that the applicant is entitled to the presumption of compensability for skin cancer under Labor Code section 3212.1. The Board found no substantial evidence that the applicant's skin cancer was an insidious progressive disease warranting jurisdiction reservation, as it had been excised and declared permanent and stationary.

ADJ8249857Petition for ReconsiderationAmended Findings and Awardarising out of and in the course of employmentAOE/COEpermanent disabilityreservation of jurisdictionsubstantial medical evidenceprimary treating physicianpanel qualified medical evaluator
References
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