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Case Law Database

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

Case No. ADJ2846580 (ANA 0334623)

Regular

Aug 03, 2010

TROY DAYAK vs. SAN JOSE EARTHQUAKES, BERKLEY SPECIALTY UNDERWRITING MANAGERS, GULF/TRAVELERS INSURANCE COMPANY, SAN JOSE CLASH in care of ESIS, SAN JOSE GRIZZLIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's cumulative trauma injury end date to December 28, 2004. This decision was based on medical evidence indicating the applicant reached permanent and stationary status on that date, despite continuing to play professional soccer afterward. The Board found that further injury after that date did not increase the applicant's permanent disability. The case is now returned to the trial level for further proceedings.

cumulative traumaprofessional athletedate of injurypermanent and stationary statussection 5412section 5500.5period of coverageapportionmentmajor league socceroccupational disease

References

Case No. ADJ10229956

Regular

Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee

References

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

Case No. ADJ6996303

Regular

Mar 23, 2023

JOHN DAVIES vs. COUNTY OF SAN DIEGO PROBATION DEPT., COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board affirmed a prior award of 84% permanent disability for a Probation Officer with heart/hypertension and hip injuries. The Board found that Labor Code section 3212.10's heart presumption and section 4663(e)'s non-attribution clause prohibit apportionment of the applicant's new and further disability. The defendant's contention that prior stipulations required apportionment was rejected, citing precedent that such presumptions take precedence. The Board clarified that the 84% represents the applicant's total permanent disability, not solely the new and further disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition for ReconsiderationPermanent DisabilityApportionmentHeart PresumptionLabor Code Section 3212.10Non-Attribution ClauseLabor Code Section 4663(e)

References

Case No. ADJ4250207

Regular

Sep 14, 2022

MAHEALANI MAHEALANI vs. CITY OF SAN JOSE, INTERCARE

This case involves an applicant seeking workers' compensation benefits from the City of San Jose. The applicant and the defendant both petitioned for reconsideration of the initial findings and award regarding temporary and permanent disability indemnity and attorney's fees. The Appeals Board granted reconsideration to address these issues. The Board affirmed the attorney's fees award but amended the findings to credit the defendant for previously paid temporary and permanent disability indemnity payments. Additionally, the Board clarified that permanent disability payments commence the day after the last temporary disability payment.

ADJ4250207ADJ6554121ADJ171328ADJ2689808temporary disability indemnitypermanent disability indemnityattorney's feescompanion casescreditreconsideration

References

Case No. ADJ6953675

Regular

Aug 06, 2015

HOA DOAN vs. SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, CONTRA COSTA COUNTY SCHOOL INSURANCE GROUP

In *Doan v. San Ramon Valley Unified School District*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline. The WCAB emphasized that a petition must be *received* by the WCAB within the statutory period, not just mailed. Therefore, the Board lacked the authority to consider the merits of the late petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionProof of MailingCase DismissalLabor CodeCalifornia Code of RegulationsWCAB Rule

References

Case No. ADJ8543293

Regular

Jul 07, 2015

KAREN GENOVESE vs. SAN JOSE UNIFIED SCHOOL DISTRICT, ATHENS ADMINISTRATORS

The defendant school district sought to remove a WCAB order that closed discovery. They argued the order was improper due to insufficient medical evidence and denial of due process. However, discovery was subsequently re-opened by the WCJ on May 6, 2015, after the Petition for Removal was filed. Therefore, the Board dismissed the Petition for Removal as moot because the issue of closing discovery had already been resolved.

Petition for RemovalDiscoveryWCJLabor Code 4663Labor Code 4061(i)Qualified Medical ExaminerSubstantial Medical EvidenceDue ProcessMootMandatory Settlement Conference

References

Case No. ADJ7735518 ADJ7735519 ADJ7735513 ADJ7735501 ADJ7735502 ADJ7736429 ADJ7736449 ADJ7735498 ADJ7098593 ADJ7735514

Regular

Jul 29, 2014

Marialaine Tabak vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a dispute over medical treatment authorization. The core issue was whether a Medical Provider Network (MPN) could restrict treatment to specific office locations of a listed physician. The Board affirmed the WCJ's finding that the defendant school district properly denied authorization for treatment at an unauthorized location of an MPN physician. The MPN's explicit listing stated providers were in-network only at designated locations, and this contractual limitation was upheld. Therefore, treatment outside the approved location was at the applicant's own expense.

Medical Provider NetworkMPNPhysician locationAuthorizationSelf-procureGeographic limitExclusive rightContractual limitationsEmployer's obligationAdministrative Director's Rule

References

Case No. ADJ10801516

Regular

Jul 24, 2017

JORGE RAMIREZ vs. MANN PACKING COMPANY, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

In this workers' compensation case, Jorge Ramirez is the applicant, and Mann Packing Company, Inc. and its insurer are the defendants. Both the applicant and defendants challenged judges in the Salinas District Office, exhausting available judicial options there. Consequently, the Workers' Compensation Appeals Board ordered the venue transferred to the San Jose District Office. The case will now be heard by Judge David Lauerman in San Jose.

Workers' Compensation Appeals BoardVenue ChangeChallengesAppeals Board Rule 10453Salinas District OfficeSan Jose District OfficePresiding Workers' Compensation JudgeJudge David LauermanApplicantDefendant

References

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

Showing 1-10 of 9,053 results

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Updated Daily

Case Law Database

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

Case No. ADJ2846580 (ANA 0334623)

Regular

Aug 03, 2010

TROY DAYAK vs. SAN JOSE EARTHQUAKES, BERKLEY SPECIALTY UNDERWRITING MANAGERS, GULF/TRAVELERS INSURANCE COMPANY, SAN JOSE CLASH in care of ESIS, SAN JOSE GRIZZLIES, STATE COMPENSATION INSURANCE FUND

cumulative traumaprofessional athletedate of injurypermanent and stationary statussection 5412section 5500.5period of coverageapportionmentmajor league socceroccupational disease

References

Case No. ADJ10229956

Regular

Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee

References

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)

Regular

Sep 09, 2010

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

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability

References

Case No. ADJ6996303

Regular

Mar 23, 2023

JOHN DAVIES vs. COUNTY OF SAN DIEGO PROBATION DEPT., COUNTY OF SAN DIEGO

References

Case No. ADJ4250207

Regular

Sep 14, 2022

MAHEALANI MAHEALANI vs. CITY OF SAN JOSE, INTERCARE

ADJ4250207ADJ6554121ADJ171328ADJ2689808temporary disability indemnitypermanent disability indemnityattorney's feescompanion casescreditreconsideration

References

Case No. ADJ6953675

Regular

Aug 06, 2015

HOA DOAN vs. SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, CONTRA COSTA COUNTY SCHOOL INSURANCE GROUP

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionProof of MailingCase DismissalLabor CodeCalifornia Code of RegulationsWCAB Rule

References

Case No. ADJ8543293

Regular

Jul 07, 2015

KAREN GENOVESE vs. SAN JOSE UNIFIED SCHOOL DISTRICT, ATHENS ADMINISTRATORS

Petition for RemovalDiscoveryWCJLabor Code 4663Labor Code 4061(i)Qualified Medical ExaminerSubstantial Medical EvidenceDue ProcessMootMandatory Settlement Conference

References

Case No. ADJ7735518 ADJ7735519 ADJ7735513 ADJ7735501 ADJ7735502 ADJ7736429 ADJ7736449 ADJ7735498 ADJ7098593 ADJ7735514

Regular

Jul 29, 2014

Marialaine Tabak vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

Medical Provider NetworkMPNPhysician locationAuthorizationSelf-procureGeographic limitExclusive rightContractual limitationsEmployer's obligationAdministrative Director's Rule

References

Case No. ADJ10801516

Regular

Jul 24, 2017

JORGE RAMIREZ vs. MANN PACKING COMPANY, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

References

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

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury

References

Showing 1-10 of 9,053 results

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