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

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. ADJ8172168, ADJ8075196
Regular
Dec 04, 2012

RONALD PROCK vs. COUNTY OF BUTTE, JOINT POWERS AUTHORITY, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board case involves petitions for reconsideration filed by both the applicant and defendants. The Board has granted these petitions to allow further study of the complex factual and legal issues. This action is deemed necessary to ensure a just and reasoned decision after a complete understanding of the record. Further proceedings may be ordered pending the Board's Decision After Reconsideration.

Workers' Compensation Appeals BoardPetitions for ReconsiderationRonald ProckCounty of ButteJoint Powers AuthorityYork Risk Services GroupInc.ADJ8172168ADJ8075196September 17 2012 decision
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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding no industrial injury to the applicant's low back.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. 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. 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. VNO 0397500, VNO 0538311
Regular
Sep 18, 2007

Rachel Akman vs. Ronald Faulk, Esq., Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration because the defendant, Ronald Faulk, was denied due process by not being allowed to cross-examine the disability evaluator. The Board found that defendant's objection was timely filed under Code of Civil Procedure section 1013, extending the response time by five days. Therefore, the prior award was rescinded and the case returned to the trial level for further proceedings, including the cross-examination of the evaluator.

Workers Compensation Appeals BoardRonald Faulk EsqUninsured Employers Benefits Trust FundJoint Findings and Awardindustrial injuriesbilateral upper and lower extremitiesbackneckknees72% permanent disability
References
Case No. ADJ6808242
Regular
Sep 02, 2010

JEFFERY HANDY vs. RONALD HUMPHREY, dba, ROOTERMAN

The Workers' Compensation Appeals Board granted reconsideration of the original decision denying the applicant's claim for a back injury. This rescission was based on a settlement reached between the applicant and the Uninsured Employers Benefit Trust Fund via a Compromise and Release. The case is now returned to the trial level for the Administrative Law Judge to review the settlement. If the settlement is not approved, the original denial decision may be reinstated.

Workers' Compensation Appeals BoardJEFFERY HANDYRONALD HUMPHREYROOTERMANADJ6808242OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONworkers' compensation administrative law judge (WCJ)employmentlower back injury
References
Case No. ADJ4676639
Regular
Dec 24, 2013

RONALD HODGES vs. CHEVRON OVERSEAS PETROLEUM, INC.

Here's a concise summary for a lawyer, under four sentences: The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings. The Board found that the Qualified Medical Examiner (QME) reports were not substantial evidence because neither physician personally examined the applicant, violating administrative rules. Therefore, the record needs further development, specifically a medical-legal evaluation by an infectious disease expert to determine if Reiter's Syndrome is a consequence of the admitted industrial injury (malaria). This is necessary before reconsidering findings on permanent disability.

Workers' Compensation Appeals BoardRonald HodgesChevron Overseas Petroleum IncBroadspire Services IncFindings and AwardPetition for ReconsiderationReiter's Syndromeindustrial injurymalariapermanently totally disabled
References
Case No. ADJ8573794
Regular
Aug 15, 2014

RONALD JOHNSON vs. RUAN TRANSPORTATION; ACE, AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a May 22, 2014 decision. This action was taken due to statutory time constraints and the need for further review of the factual and legal issues. The Board requires more time to thoroughly understand the record and render a just decision. All future communications must be filed in writing with the WCAB Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGRANTINGDecision After ReconsiderationElectronic Adjudication Management SystemFresno District OfficeRuan TransportationACE American Insurance CompanyRonald JohnsonStatutory Time Constraints
References
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