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

Case No. ADJ7671718
Regular
Nov 28, 2011

BOB BUHRLE vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, State of California Department of Forestry & Fire Protection (CDF), State Compensation Insurance Fund/State Contract Services (SCIF)

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by the County of San Bernardino Fire Department (CDF) and its insurer. The Board found that the order joining CDF and State Compensation Insurance Fund (SCIF) as defendants was not a "final" order, and thus not subject to reconsideration. Furthermore, the Board denied the petition for removal, as CDF and SCIF failed to demonstrate substantial prejudice or irreparable harm. They also did not show that reconsideration would be an inadequate remedy if an adverse decision were ultimately issued.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityJoining Party DefendantExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
8
Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
0
Case No. ADJ724584 (SBR 0337582)
Regular
Oct 07, 2010

HENRY SWAIN vs. DEPARTMENT OF PUBLIC HEALTH; SCIF CMS SAN BERNARDINO, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal in this case. The WCAB adopted and incorporated the findings of the workers' compensation administrative law judge. Therefore, the petition seeking removal from the judge's decision was denied by the Board.

Workers' Compensation Appeals BoardPetition for RemovalDenying RemovalAdministrative Law JudgeWCJ reportDepartment of Public HealthSCIF CMS San BernardinoCounty of San BernardinoApplicantDefendant
References
0
Case No. ADJ6720899
Regular
May 15, 2012

MELISSA ROSAS vs. CITY OF SAN BERNARDINO POLICE DEPARTMENT, CITY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the City of San Bernardino Police Department's petition for reconsideration. The Board adopted the judge's report, which found the applicant, Melissa Rosas, sustained a compensable injury in the form of cancer. This decision was based on the applicant being a police officer exposed to known carcinogens and the presumption under Labor Code § 3212.1 not being rebutted by the defense. The judge found the applicant's treating physician's opinion on variable cancer latency periods more persuasive than the defense expert's.

Labor Code § 3212.1cancer presumptionpolice officercarcinogen exposurebenzenecigarette smokegasoline fumesauto accidentsvehicle firesresidence fires
References
1
Case No. ADJ7324170 ADJ9797150
Regular
Apr 19, 2016

BEVERLY BOLTON vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted the defendant County of San Bernardino's petition for reconsideration of a January 29, 2016 decision. The WCAB requires further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with any district office or via e-filing. Any proposed settlements must be promptly communicated to the WCAB, as trial judges cannot act on them while reconsideration is pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System (EAMS)WCJProposed SettlementRules of the Administrative Director
References
0
Case No. ADJ1627678 (POM 0300392)
Regular
Jun 02, 2011

SUZANNE SIEVERTSON vs. COUNTY OF SAN BERNARDINO

This case involves Suzanne Sievertson's workers' compensation claim against the County of San Bernardino. The Workers' Compensation Appeals Board (WCAB) reviewed a Petition for Reconsideration filed by the applicant. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) and denied the reconsideration.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAdopted reportIncorporated reportAdministrative Law JudgePermissibly-InsuredCounty of San BernardinoApplicant
References
0
Case No. ADJ9309648
Regular
Oct 01, 2014

MARCELA GUTIERREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied Marcela Gutierrez's Petition for Removal in her case against the County of San Bernardino. The Board found no substantial prejudice or irreparable harm to warrant this extraordinary remedy. Therefore, the prior decision of the workers' compensation administrative law judge stands, with the Board adopting the judge's comments on standing.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable InjuryWCJ ReportStandingExtraordinary RemedyRecord ReviewSelf-Insured
References
3
Case No. ADJ6669872
Regular
Jul 02, 2012

NANCY HOLT vs. COUNTY OF SAN BERNARDINO

This case involves a petition for reconsideration filed by applicant Nancy Holt. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge. Finding no error and adopting the judge's reasoning, the WCAB denied Holt's petition. Therefore, the original decision in favor of the County of San Bernardino stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationself-insuredSan Bernardino Countyapplicantdefendantadministrative law judgeSan Francisco
References
0
Case No. ADJ2711834 (LBO 0304965) ADJ2486196 (LBO 0309438) ADJ2622434 (LBO 0308004)
Regular
Oct 15, 2008

IRMA RAMIREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) rescinded the dismissal of Sidhu Chiropractic's lien claim because the County of San Bernardino improperly served the dismissal order due to an incorrect address. The defective service deprived Sidhu of due process rights to notice and an opportunity to be heard on the dismissal of its lien. The case is returned to the trial level for further proceedings on the merits of Sidhu's lien claim.

Sidhu ChiropracticLien ClaimReconsiderationOrder Dismissing LienDefective ServiceOfficial Address RecordDue ProcessNoticeOpportunity to Be HeardRescind
References
3
Case No. ADJ8255750
Regular
Sep 19, 2014

Stephen Gomez vs. County of San Bernardino

The Workers' Compensation Appeals Board dismissed the County of San Bernardino's petition for reconsideration. The defendant sought review of a July 29, 2014 award, arguing it was duplicative of a May 7, 2014 award. However, the Administrative Law Judge subsequently issued an order vacating the July 29th award, clarifying it was issued due to a clerical error and the May 7th award remained in effect. This timely vacation rendered the petition moot.

WCABFindings and AwardPetition for ReconsiderationStipulations with Request for AwardClerical errorOrder VacatingRescindMootIndustrial injuryThoracic spine
References
1
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