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

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. 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. ADJ9298777
Regular
Aug 14, 2017

JUAN FRANCISCO LARIOS vs. VALLEY FLEET CLEAN, SUSSEX INSURANCE, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted applicant Juan Francisco Larios' petition for reconsideration of a May 31, 2017 decision. This grant is to allow further study of the factual and legal issues involved to ensure a just decision. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners in San Francisco and not through district offices or e-filing. The WCAB notes that trial-level documents unrelated to the reconsideration should still be filed as usual, but settlement documents require prompt notification to the Appeals Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Rules of the Administrative Director
References
0
Case No. ADJ15927101
Regular
Sep 26, 2022

FRANCISCO VILLEGAS vs. RESTAURANT EQUIPMENT FABRICATION, ICW GROUP INSURANCE COMPANIES - SAN DIEGO

The defendant sought reconsideration of an approved Compromise and Release (C&R) based on alleged unilateral mistake. The Appeals Board dismissed the petition for reconsideration as premature. The matter is returned to the trial level for the judge to treat the defendant's filing as a petition to set aside the C&R and schedule a hearing. This will allow the defendant to present evidence supporting their claims and create a record for a decision.

Compromise and ReleasePetition for ReconsiderationPetition to Set AsideOrder Approving Compromise and Releaseprematuretrial leveldue processfair hearingrescindalter
References
7
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. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
1
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
0
Case No. ADJ7641403
Regular
Apr 26, 2011

MARU ARAGAW vs. SAN JOAQUIN GENERAL HOSPITAL, TRISTAR RISK MANAGEMENT

Applicant Maru Aragaw sought to remove an order changing venue from San Francisco to Stockton for her workers' compensation claim. The Appeals Board denied the removal petition. The defendant's objection to the initial San Francisco venue was timely, as it was filed within 30 days of receiving notice of the case number and venue. Therefore, the WCJ correctly ordered the venue changed to Stockton, where the applicant resides.

Petition for RemovalChange of VenueLabor Code section 5501.6WCJSan Francisco district officeStockton district officeApplication for Adjudication of Claimvenue siteobjection to venueRule 10410
References
0
Case No. SFO 0478646
Regular
Jan 07, 2000

ERLINDA BRINGAS vs. CITY AND COUNTY OF SAN FRANCISCO, LAGUNA HONDA HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and removal to allow the defendant, City and County of San Francisco, to submit a trial transcript. The defendant seeks to challenge the finding that the applicant sustained a compensable industrial heart attack on January 22, 2003, arguing it was not supported by evidence and that the claim is time-barred. The Board's decision is conditional on the defendant's compliance with specific filing procedures for the transcript.

Workers' Compensation Appeals BoardReconsiderationRemovalIndustrial InjuryMyocardial InfarctionCardiovascular SystemStatute of LimitationsTollingIndustrial CausationCumulative Trauma
References
0
Case No. ADJ123485
Regular
Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration
References
0
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