Updated Daily

Case Law Database

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

Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)

Regular

Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Patricia Young seeking workers' compensation benefits from the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board has reviewed. After considering the petition and the report of the administrative law judge, the Board has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardDepartment of Corrections and RehabilitationState Compensation Insurance FundAdministrative Law Judge reportDenying removalADJ1890563ADJ3098164SAC 0311772SAC 0357082

References

Case No. ADJ3843514

Regular

Sep 15, 2008

Ramona J. Ornelas vs. COUNTY OF SACRAMENTO

Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.

RAMONA J. ORNELASCOUNTY OF SACRAMENTOADJ3843514SAC 0274104OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONLEFT MINOR SHOULDERLEFT MINOR WRISTBILATERAL KNEESPSYCHE

References

Case No. ADJ2947144 (SAC 0288806), ADJ4018561 (SAC 0305133)

Regular

Apr 16, 2013

DAN HAGAN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, K-MART and SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted a Petition for Removal regarding case numbers ADJ2947144 and ADJ4018561. Consequently, the WCAB rescinded the Workers' Compensation Judge's (WCJ) January 22, 2013 decision. The matter has been returned to the trial level for further proceedings and a new decision by the WCJ. This action indicates the WCAB found the original decision flawed and requires additional judicial review.

WCABPetition for RemovalGranting RemovalRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeFurther ProceedingsDecision After RemovalADJ2947144ADJ4018561

References

Case No. SAC 0349873, SAC 0354806

Regular

Mar 20, 2008

LISA CHENNAULT vs. WAL-MART STORES, FRANK GATES SERVICES, CO.

The Workers' Compensation Appeals Board granted Lisa Chennault's petition for reconsideration of a denial of her psychological injury claims against Wal-Mart. The original denial was based on Labor Code section 3208.3(h), which bars claims substantially caused by lawful, good faith personnel actions. The Board found a need for further study of the factual and legal issues to ensure a just decision.

Workers' Compensation Appeals BoardLisa ChennaultWal-Mart StoresFrank Gates ServicesSAC 0349873SAC 0354806ReconsiderationFindings and AwardAdministrative Law JudgeSpecific Injury

References

Case No. SAC 308714, SAC 341852

Regular

Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and *Vera v. Workers' Comp. Appeals Bd.* for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.

Permanent disability schedule1997 schedule2005 schedulepermanent and stationaryP\&SLabor Code section 4660(d)treating physician's reportratable disabilityVera v. Workers' Comp. Appeals Bd.August 18

References

Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)

Regular

Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health

References

Case No. ADJ987086 (SAC 0363033)

Regular

Sep 29, 2000

ROBERT THORNBURG vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) has granted the defendant County of Sacramento's petition for reconsideration of a prior decision. This action is necessary to allow the Board sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB intends to issue a just and reasoned decision after further study and potential proceedings. All future communications regarding this matter must be directed to the WCAB's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCounty of SacramentoPermissibly Self-InsuredStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersSan Francisco

References

Case No. SAC 316687

Regular

Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension

References

Case No. ADJ1973452 (SAC 0356806)

Regular

Jun 14, 2013

Irene Koulikov vs. County of Sacramento

In this case, the Workers' Compensation Appeals Board (WCAB) considered a Petition for Disqualification. The WCAB reviewed the petition and the administrative law judge's report. Based on the findings in the report, which the Board adopted, the WCAB has dismissed the disqualification.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedCounty of SacramentoSelf-insuredApplicantDefendantIrene KoulokovADJ1973452

References

Case No. ADJ4667602

Regular

Nov 12, 2008

ROBERT ULEP vs. COUNTY OF SACRAMENTO

In this workers' compensation case, the Appeals Board is affirming an existing award but amending it to include previously stipulated terms in paragraphs 8 and 9. This amendment is being made after the Board issued a notice of intention to approve these stipulations, and no objections were filed. Consequently, the original award is now formally modified to incorporate these agreed-upon provisions.

Robert UlepCounty of SacramentoADJ4667602SAC 0368522Opinion and DecisionReconsiderationAwardStipulationsParagraphs 8 and 9Rescind

References

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Updated Daily

Case Law Database

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

Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)

Regular

Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ3843514

Regular

Sep 15, 2008

Ramona J. Ornelas vs. COUNTY OF SACRAMENTO

Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.

RAMONA J. ORNELASCOUNTY OF SACRAMENTOADJ3843514SAC 0274104OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONLEFT MINOR SHOULDERLEFT MINOR WRISTBILATERAL KNEESPSYCHE

References

Case No. ADJ2947144 (SAC 0288806), ADJ4018561 (SAC 0305133)

Regular

Apr 16, 2013

DAN HAGAN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, K-MART and SEDGWICK

WCABPetition for RemovalGranting RemovalRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeFurther ProceedingsDecision After RemovalADJ2947144ADJ4018561

References

Case No. SAC 0349873, SAC 0354806

Regular

Mar 20, 2008

LISA CHENNAULT vs. WAL-MART STORES, FRANK GATES SERVICES, CO.

Workers' Compensation Appeals BoardLisa ChennaultWal-Mart StoresFrank Gates ServicesSAC 0349873SAC 0354806ReconsiderationFindings and AwardAdministrative Law JudgeSpecific Injury

References

Case No. SAC 308714, SAC 341852

Regular

Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

Permanent disability schedule1997 schedule2005 schedulepermanent and stationaryP\&SLabor Code section 4660(d)treating physician's reportratable disabilityVera v. Workers' Comp. Appeals Bd.August 18

References

Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)

Regular

Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health

References

Case No. ADJ987086 (SAC 0363033)

Regular

Sep 29, 2000

ROBERT THORNBURG vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured

References

Case No. SAC 316687

Regular

Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1973452 (SAC 0356806)

Regular

Jun 14, 2013

Irene Koulikov vs. County of Sacramento

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedCounty of SacramentoSelf-insuredApplicantDefendantIrene KoulokovADJ1973452

References

Case No. ADJ4667602

Regular

Nov 12, 2008

ROBERT ULEP vs. COUNTY OF SACRAMENTO

Robert UlepCounty of SacramentoADJ4667602SAC 0368522Opinion and DecisionReconsiderationAwardStipulationsParagraphs 8 and 9Rescind

References

Showing 1-10 of 46 results

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