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

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
Case No. ADJ6686402
Regular
Jul 13, 2009

MICHAEL BUCKMASTER vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involved Michael Buckmaster and the San Diego Unified School District. The Board granted reconsideration of a prior decision. Ultimately, the Board affirmed the original decision but amended Finding of Fact No. 2 to correct the applicant's earnings at the time of injury to $273.92 per week.

WORKERS' COMPENSATION APPEALS BOARDSAN DIEGO UNIFIED SCHOOL DISTRICTPermissibly Self-InsuredRECONSIDERATIONWCJ REPORTAMENDED FINDING OF FACTWEEKLY EARNINGS
References
0
Case No. ADJ6511067
Regular
Apr 01, 2014

PAUL SOLDI vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This is an order granting the San Diego Unified School District's Petition for Reconsideration in the case of Paul Soldi. The Workers' Compensation Appeals Board (WCAB) determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action is being taken to ensure a complete understanding of the record and to enable the WCAB to issue a just and reasoned decision. Further proceedings may be ordered as appropriate.

Workers' Compensation Appeals BoardPetition for ReconsiderationSan Diego Unified School DistrictYork Risk Services GroupADJ6511067Opinion and OrderStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After Reconsideration
References
0
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
1
Case No. ADJ104698 (SDO 0285383)
Regular
Feb 01, 2013

JAMES FINDLAY vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding James Findlay's claim against San Diego Unified School District. The Board affirmed the original decision but amended it to clarify that the lien claimant is entitled to interest, but not penalties, on unpaid amounts. This interest is to be adjusted between the parties, with jurisdiction reserved.

Workers' Compensation Appeals BoardSan Diego Unified School DistrictYork Risk Services GroupReconsiderationLabor Code section 4603.2Lien claimantInterestPenaltiesWCJAffirmation
References
0
Case No. ADJ9694948
Regular
Feb 01, 2016

ESTHER SANDOVAL vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration of an award finding applicant entitled to right shoulder surgery. The defendant argued that the medical opinions supporting the surgery were not substantial evidence because they didn't cite MTUS/ACOEM guidelines or explain non-compliance. The Board affirmed the original finding, agreeing with the WCJ that citing the MTUS is not strictly required if the medical evidence is otherwise compelling and consistent with the guidelines. While one commissioner concurred, he disagreed with the majority's assertion that MTUS citation is not necessary for compliance with Labor Code section 4604.5.

Workers' Compensation Appeals BoardSan Diego Unified School DistrictYork Risk Services GroupPetition for ReconsiderationFindings Award and OrderIndustrial InjuryFurther Medical TreatmentRight Shoulder SurgeryMedical Treatment Utilization ScheduleACOEM guidelines
References
0
Case No. ADJ8739181
Regular
Sep 19, 2018

JOHN JOAQUIN (deceased), JENNIFER JOAQUIN, individually and as Guardian Ad Litem for ANNAMARIE JOAQUIN, MAKAHLAH LYNN JOAQUIN, IZABEL TRINITY JOAQUIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by YORK

This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.

Serious and willful misconductLabor Code section 4553Mercer-Fraser Co.subsequent remedial measureEvidence Code section 1151roadside repairdangerous conditionreckless disregardJohns-Manville Sales Corp.Hawaiian Pineapple Co.
References
8
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
0
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