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

Case No. ADJ6785479
Regular
Dec 04, 2013

JEROME WILLIAMS vs. NEW YORK KNICKERBOCKERS, CHUBB GROUP for FEDERAL INSURANCE COMPANY

This case involves an award of additional attorney's fees to the applicant's attorney for services rendered in successfully defending against the defendant's petition for a writ of review. The Court of Appeal, having denied the writ and remanded the case, directed the Board to award supplemental fees. The Workers' Compensation Appeals Board has reviewed the record and determined a reasonable fee of $3,500.00 for the appellate work performed by Ronald J. Mix. This award is made against Federal Insurance Company, in addition to any other compensation.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental AwardAttorney's FeesLabor Code § 5801Appellate Attorney's FeeRonald J. MixFederal Insurance CompanyEmployers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd.
References
Case No. ADJ6832001
Regular
Jan 06, 2011

RONALD BROWN vs. INLAND COLD STORAGE, AMERICAN ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has denied Ronald Brown's Petition for Removal in the case against Inland Cold Storage and American Zurich Insurance Company. The WCAB adopted the Workers' Compensation Judge's report as the basis for this denial. The Board also declined to consider sanctions against the defendant at this time. Therefore, the petition for removal is definitively denied.

Petition for RemovalDenying RemovalWorkers' Compensation Appeals BoardWCJ ReportSanctionsAdministrative Law JudgeAmerican Zurich Insurance CompanyInland Cold StorageRonald BrownADJ6832001
References
Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
References
Case No. ADJ6990080
Regular
Jan 04, 2012

JEROME ALLEN vs. MILWAUKEE BUCKS, DALLAS MAVERICKS, CLEVELAND CAVALIERS, DENVER NUGGETS, INDIANA PACERS, MINNESOTA TIMBERWOLVES, TIG INSURANCE As Administered By RISK ENTERPRISE MANAGEMENT (For All Teams)

This Workers' Compensation Appeals Board case involves applicant Jerome Allen against several NBA teams and their insurer. The Board granted the defendant's petition for reconsideration of a prior decision. This reconsideration is for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications in this matter should be directed to the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationFactual and Legal IssuesStatutory Time ConstraintsFurther ProceedingsDecision After ReconsiderationOffice of the CommissionersAlfonso J. MoresiFrank M. Brass
References
Case No. ADJ8573794
Regular
Aug 29, 2014

RONALD JOHNSON vs. RUAN TRANSPORTATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding no industrial injury to the applicant's low back. The WCAB determined that the Qualified Medical Evaluator's (QME) opinion lacked substantial medical evidence because the QME did not adequately address the applicant's claim of cumulative trauma. The case is returned for a new medical evaluation to address whether the applicant sustained a cumulative trauma injury.

Workers' Compensation Appeals BoardRonald JohnsonRuan TransportationACE American Insurance CompanyADJ8573794ReconsiderationFindings of FactOrder and AwardIndustrial InjuryLow Back
References
Case No. ADJ7479879
Regular
Feb 21, 2014

Gregory Foster vs. Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Milwaukee Bucks, Los Angeles Lakers, TIG Insurance Company

This case involves a remand from the Court of Appeal for the Workers' Compensation Appeals Board (WCAB) to award additional attorney fees to the applicant's attorneys. The Court of Appeal's order, which has become final, was based on services rendered in connection with the defendant's petition for a writ of review. The WCAB determined that $3,500.00 is a reasonable fee, considering the attorney's efforts, the appellate outcome, and the complexity of the work. Consequently, the Board awarded this amount for appellate attorney fees against the defendant Toronto Raptors, insured by Federal Insurance Company.

Workers' Compensation Appeals BoardLabor Code § 5801Petition for Writ of Reviewappellate attorney's feessupplemental awardremandCourt of AppealFourth Appellate DistrictDivision 3Employers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd. (Rodriguez)
References
Case No. ADJ3158483 (SBR 0303397) ADJ7073425
Regular
Apr 23, 2012

RONALD LUCERO vs. CITY OF FONTANA

The Workers' Compensation Appeals Board affirmed a prior finding that Ronald Lucero's claim for heart injury and hypertension as a police officer is not time-barred. The Board also upheld the entitlement to the presumption of industrial heart injury under Labor Code section 3212.5. The defendant City of Fontana's petition for reconsideration, arguing the presumption was factually inappropriate, was denied. The Board adopted the Workers' Compensation Judge's report and affirmed the original award.

Workers' Compensation Appeals BoardCity of FontanaRonald LuceroJoint Findings and Award and Orderheart injuryhypertensionpolice officercumulative traumaStatute of Limitationspresumption of industrial heart injury
References
Case No. ADJ7776408
Regular
Apr 28, 2014

RONALD FAULKNER vs. CAT CLINIC, FIREMANS FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Ronald Faulkner's Petition for Reconsideration because it was not verified, violating Labor Code section 5902. The WCAB adopted the findings of the administrative law judge, stating that the petition would have been denied on its merits even if properly verified. Therefore, the Petition for Reconsideration was dismissed based on the procedural defect of lack of verification.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedWCJ Report and RecommendationAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant
References
Case No. ADJ8172168; ADJ8075196
Regular
Apr 17, 2013

RONALD PROCK vs. COUNTY OF BUTTE, Permissibly Self-Insured, JOINT POWERS AUTHORITY

This case involves a deputy sheriff, Ronald Prock, who suffered disabling heart symptoms in 2011, years after his retirement in 2001. The Workers' Compensation Appeals Board (WCAB) affirmed the prior findings, establishing the date of injury as December 31, 2002, to December 31, 2003, for cumulative trauma exposure. This determination assigns liability to the County of Butte JPA, as Prock was not employed by them or any other entity on the date his disability manifested and was known to be work-related (July 3, 2011). The WCAB clarifies that Labor Code section 5412's date of injury, which occurred after the last date of exposure, controls liability in this situation.

Workers' Compensation Appeals BoardRonald ProckCounty of ButteJoint Powers AuthorityPermissibly Self-InsuredDeputy SheriffCumulative TraumaDate of InjuryManifestation of DisabilityStatute of Limitations
References
Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
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