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

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 The Board rescinded the prior Findings and Order, concluding that Bellinger's claim would be barred unless he could establish a California hire.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. ADJ9 088743
Regular
Jan 26, 2016

LEO ESTRELLA vs. MILWAUKEE BREWERS, SAN FRANCISCO GIANTS, ACE USA

The Workers' Compensation Appeals Board denied Leo Estrella's petition for reconsideration, upholding the administrative law judge's finding that his cumulative injury claim against the Milwaukee Brewers and San Francisco Giants was time-barred by the one-year statute of limitations. The Board found that applicant knew or should have known of his right to file a claim more than one year prior to filing, precluding application of the five-year "new and further disability" statute. Applicant's contention that the statute of limitations was tolled due to lack of knowledge was rejected, as the evidence indicated he was aware of the industrial causation of his injuries by 2009. One commissioner dissented, arguing the date of injury should be 2013 and that defendants failed to prove applicant's knowledge of his rights or the statute of limitations.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsLabor Code Section 5405Labor Code Section 5410New and Further DisabilityTollingDate of InjuryIndustrial CausationProfessional Baseball Player
References
14
Case No. ADJ13704483
Regular
Jul 07, 2025

ROSS GRIMSLEY II vs. SAN FRANCISCO GIANTS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board reviewed a Petition for Reconsideration from defendants, San Francisco Giants and ACE American Insurance Company, challenging a WCJ's decision regarding applicant Ross Grimsley II's occupational group code, the admissibility of Dr. Einbund's reports, and apportionment. The Board denied the petition, affirming the WCJ's use of Occupational Group 493 for the applicant's duties as a baseball coach, validating the admission of Dr. Einbund's reports due to the defendant's denial of liability and lack of timely objection, and upholding the rejection of apportionment opinions for failing to adequately explain the 'how and why' of non-industrial factors as required by legal standards.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management System (EAMS)Occupational Group CodePrimary Treating Physician (PTP)Qualified Medical Examiner (QME)ApportionmentSubstantial EvidenceCredibility Determination
References
14
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. ADJ7390255
Regular
Jan 03, 2023

DARNELLA SCOTT STREET vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing a lien claim for an H-Wave machine. The applicant found more relief with the H-Wave than a TENS unit. The Agreed Medical Examiner opined that while not convinced the H-Wave was superior to other inferential stimulation units, it was superior to a TENS unit. The WCAB found the lien claimant met its burden of proof regarding the medical necessity of the H-Wave.

Workers' Compensation Appeals BoardSan Francisco Bay Area Rapid Transit DistrictAthens AdministratorsPetition for ReconsiderationWorkers' Compensation Administrative Law Judgesubstantial evidenceElectronic Waveform LabsH-WaveTENS unitinferential stimulation unit
References
5
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. SFO 0495624
Regular
Feb 11, 2008

TUALATAI AUIMATAGI vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration to rescind sanctions imposed on the City and County of San Francisco. While affirming the original award of permanent disability and further medical treatment, the Board found the defendant's challenge to the agreed medical evaluator's methodology was based on a good-faith, albeit mistaken, belief and did not constitute frivolous conduct or unnecessary delay. Therefore, sanctions were deemed unwarranted under Labor Code section 5813.

Tualatai AuimatagiCity and County of San FranciscoFindings Award & OrderAgreed Medical EvaluatorAlfredo Fernandez M.D.American Medical Association GuidesAMA GuidesGait Derangement Methodwhole person impairmentpermanent disability
References
1
Case No. ADJ2569930
Regular
Jul 30, 2012

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed the City and County of San Francisco's petition for reconsideration. The Board affirmed the prior decision to grant removal and rescind a stay of proceedings, which had been sought pending the applicant's criminal fraud trial. The Board reasoned that continuing to provide workers' compensation benefits aligns with the applicant's presumption of innocence. Denying benefits before a conviction would unjustly prejudice the applicant, and restitution can be sought if convicted.

WCABPetition for ReconsiderationPetition for RemovalStay of ProceedingsPresumption of InnocenceWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryFindings and Award
References
10
Case No. ADJ9597686
Regular
Jan 13, 2016

TOMIE KATO vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) is reconsidering an order directing the City and County of San Francisco (defendant) to pay applicant's attorney $\$ 3,082.00$ for deposition fees. The defendant sought reconsideration, arguing the fee was unreasonable and requesting sanctions against applicant's attorney. The WCAB deemed the defendant's petition to be a timely objection to the original order. The matter is returned to the Workers' Compensation Judge to consider the objection and determine the reasonableness of the attorney fees. The WCAB denied the request for sanctions against applicant's attorney.

Workers Compensation Appeals BoardOpinion and Decision After ReconsiderationSection 5710 Attorney Deposition FeesWCJPetition for ReconsiderationPetition for RemovalLabor Code Section 5813 SanctionsReasonableness of Attorney FeesDeposition TranscriptMotor Vehicle Accident
References
0
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
References
14
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