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

Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. ADJ3840359
Regular
Oct 01, 2008

Troy Wilson vs. San Francisco 49ers, TIG

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The Board affirmed that California has jurisdiction over the applicant's cumulative trauma injury sustained while playing for the Tampa Bay Storm, extending the injurious exposure period to July 14, 2003, the applicant's last day of employment. The San Francisco 49ers and TIG were correctly held liable, with the employer now permitted to seek contribution.

Workers Compensation Appeals BoardSan Francisco 49ersTIG Specialty Insurance CompanyTroy WilsonJurisdictionCumulative TraumaPermanent DisabilityApportionmentLabor Code Section 5500.5Injurious Exposure
References
1
Case No. ADJ10789547
Regular
Mar 24, 2025

CLAYTON BELLINGER vs. SAN FRANCISCO GIANTS, et al.

The Workers' Compensation Appeals Board granted reconsideration in the case of Clayton Bellinger against San Francisco Giants. The case concerns a cumulative trauma claim and the applicability of Labor Code section 3600.5 subdivisions (c) and (d) regarding jurisdiction over professional athletes' claims. The Board rescinded the prior Findings and Order, concluding that Bellinger's claim would be barred unless he could establish a California hire. The matter was returned to the WCJ for further development of the record on this critical issue.

Labor Code section 3600.5cumulative traumaprofessional athleteSan Francisco GiantsCalifornia hiresubject-matter jurisdictionregular employmentoccupational diseaseduty dayscontract of hire
References
29
Case No. ADJ9433946
Regular
Feb 19, 2015

ELLEN REED vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

In *Reed v. State of California, CDCR California Correctional Center*, the applicant, Ellen Reed, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The Board believes reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemRedding District Office
References
0
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
0
Case No. ADJ2300229 (FRE 0183072) ADJ2635018 (FRE 0183073) ADJ3725774 (FRE 0183074)
Regular
Jul 19, 2016

ROBERT D. TULL vs. GENERAL LIGHTING SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, In Liquidation

This case concerns Robert D. Tull's workers' compensation claims against General Lighting Service and the California Insurance Guarantee Association. The Workers' Compensation Appeals Board has issued an Opinion and Order Granting Petition for Reconsideration. Pending their Decision After Reconsideration, all future communications related to these cases must be directed to the Board's San Francisco office. This order reflects a procedural step in the ongoing appeals process for Tull's claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationCalifornia Insurance Guarantee AssociationLiquidationDecision After ReconsiderationOffice of the CommissionersMullen & FilippiService by MailDouglas LowRobert D. Tull
References
0
Case No. SDO 0249452
Regular
May 12, 2008

GAIL GODFREY vs. COUNTY OF SAN DIEGO, PROFESSIONAL RESOURCE ENTERPRISE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by BROADSPIRE for SUPERIOR PACIFIC CASUALTY COMPANY

The California Workers' Compensation Appeals Board found that the County of San Diego was the applicant's special employer, making them jointly and severally liable for her injury. This determination was made despite a contract stating the applicant was not a County employee, as the Board found sufficient evidence of San Diego's control over her work. Consequently, the County is considered "other insurance available" to the applicant, meaning CIGA is not liable for her benefits.

CIGAcovered claimspecial employergeneral employerlabor brokerageindustrial injuryinsolvent insurerother insurancejoint and several liabilitycontractual exclusion
References
14
Case No. ADJ7669691
Regular
Aug 02, 2012

Ellis Hobbs vs. New England Patriots, Philadelphia Eagles, Great Divine Insurance Company c/o Berkley Specialty Underwriting Managers

Great Divide Insurance Company (GDIC) sought to change venue from Anaheim to San Francisco for a workers' compensation claim filed by applicant Ellis Hobbs. Hobbs initially chose Anaheim as the venue based on his attorney's principal place of business. GDIC timely objected to this venue selection, as permitted by Labor Code section 5501.5(c). Because Hobbs does not reside in California and his last injurious exposure occurred in San Francisco, the Appeals Board granted GDIC's Petition for Removal and ordered the venue changed to the San Francisco district office.

Petition for RemovalVenueLabor Code section 5501.5Principal place of businessObjection to Venue SelectionLast alleged injurious exposureSan Francisco district officeAnaheim district officeWorkers' Compensation Appeals BoardPetition to Change Venue
References
0
Case No. ADJ123485
Regular
Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration
References
0
Case No. SRO 108858
Regular
Aug 13, 2008

RANDY S. HOGAN, M.D. vs. CITY AND COUNTY OF SAN FRANCISCO, UNIVERSITY OF CALIFORNIA, SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, upholding the finding of industrial injury to the applicant's liver. However, the WCAB granted the lien claimant's petition, rescinding the established date of injury as December 1994. The case is returned to the trial level for further proceedings to determine the correct date the applicant first suffered a compensable disability from the liver injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code §5402Labor Code §5412Date of InjuryIndustrial InjuryCompensable DisabilityHepatitis CLiver Disease
References
0
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