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

Case No. ADJ7676148
Regular
Oct 17, 2013

CAMERON PRATT vs. SAN BERNARDINO COUNTY SHERIFF DEPARTMENT, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the Sheriff Department's Petition for Reconsideration regarding a Deputy Sheriff's Hodgkin's Lymphoma claim. The WCJ found the applicant established a prima facie case for a work-related cancer injury under Labor Code section 3212.1. The defendant failed to rebut the presumption of injury with substantial medical evidence, specifically regarding the latency period and a reasonable link between carcinogen exposure and the applicant's aggressive cancer. The Board adopted the WCJ's report and reasoning in its denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedDeputy SheriffContinuous TraumaCancerHodgkin's LymphomaArising Out of and Occurring in the Course of Employment (AOE/COE)Rebutting the PresumptionLabor Code section 3212.1
References
2
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. 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. ADJ3255503 (SDO 0362975)
Regular
Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order
References
0
Case No. MISSING
Regular Panel Decision

Mitchell v. Essex County Sheriff's Department

Petitioner, a Deputy Sheriff, was denied an unconditional return to work after claiming medical instability and being diagnosed with bipolar disorder. He filed a CPLR article 78 petition seeking to compel compliance with Civil Service Law § 72 and restore benefits, arguing his disability was occupational. The Supreme Court dismissed the petition, ruling that mandamus to compel did not apply as Civil Service Law § 72 excludes occupational injuries, and the proceeding was barred by the statute of limitations. The appellate court affirmed the dismissal, concurring that Civil Service Law § 72 was inapplicable and the action was untimely.

Workers' CompensationCPLR Article 78Civil Service LawGeneral Municipal LawMandamusStatute of LimitationsBipolar DisorderMental DisabilityOccupational InjurySheriff's Department
References
8
Case No. ADJ11070005
Regular
Mar 17, 2020

Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationCancer PresumptionLabor Code 3212.1Agreed Medical ExaminerDr. Gary StewartSubstantial Medical EvidenceCity of Long Beach v. WCAB (Garcia)Diesel FumesProstate Cancer
References
2
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
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. MISSING
Regular Panel Decision

Leone v. Oneida County Sheriff's Department

Claimant, a Deputy Sheriff employed by Oneida County Sheriffs Department, sustained a line-of-duty injury. He received full wages and medical expenses under General Municipal Law § 207-c. Additionally, he filed a claim with the State Workers’ Compensation Board and was awarded partial wage replacement benefits and a schedule award. The County, which was self-insured, received credit for wages paid but was denied credit for medical expenses against the schedule award. The County appealed, arguing that Workers’ Compensation Law § 30 (3) authorized such a credit. Both the Appellate Division and this court affirmed the Board's decision, finding that granting a credit for medical expenses against a schedule award would not further the legislative purpose of preventing duplication of salary benefits and would lead to an anomalous disadvantage for employees.

Schedule AwardGeneral Municipal Law 207-cWorkers' Compensation Law 30(3)Medical Expense CreditTemporary Total DisabilityPermanent Partial DisabilityBenefit DuplicationSelf-Insured CountyDeputy Sheriff InjuryAppellate Review
References
2
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