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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
Defendant's petition for reconsideration is dismissed as untimely. Even if timely, the petition would be denied on the merits.
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.
This Workers' Compensation Appeals Board case involves Monte C. Payne as the applicant and the City of San Rafael and its insurance fund as defendants. The Board issued an order dismissing the defendant's petition for reconsideration of a January 31, 2011 decision. This dismissal is a direct result of the petitioner unilaterally withdrawing their reconsideration request. The order was filed in San Francisco on February 2, 2011.
This Workers' Compensation Appeals Board decision grants reconsideration and amends the prior award, deferring the issues of permanent disability rating and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, rather than the 1997 Schedule, should apply based on the applicant not reaching permanent and stationary status before January 1, 2005. All other aspects of the original decision, including temporary disability and apportionment, were affirmed.
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.
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.
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.
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.
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.
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.
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