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

Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.

ERISA preemptionLabor Code section 132agroup health benefitsdiscrimination claimadverse actionemployee welfare benefit planworkers' compensationindustrial injuriesemployer contributionstemporary disability
References
Case No. ADJ9100288
Regular
May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707
References
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Mar 28, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board dismisses the applicant's petition for reconsideration as an impermissible successive petition, affirming its previous en banc decision that the applicant's Labor Code section 132a discrimination claim was preempted by the federal Employee Retirement Income Security Act (ERISA).

ERISA preemptionLabor Code Section 132adiscriminationgroup health benefitssuccessive petitionreconsiderationworkers' compensationen bancliberal construction29 U.S.C. §1144(a)
References
Case No. GOL 0087934, GOL 0087935, GOL 0087936
Significant
Mar 28, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board dismissed the applicant's petition for reconsideration concerning a Labor Code section 132a discrimination claim. The decision was based on the grounds that it was an impermissible successive petition and that the underlying claim was preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptionsuccessive petitionWorkers' Compensation Appeals Boarden banc decisiongroup health benefitsdiscriminationindustrial injuriestemporarily disabledfederal law
References
Case No. ADJ8547650
Regular
Apr 21, 2016

RONALD HOGLUND vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND, STATE COMPENSATION INSURANCE FUND STATE EMPLOYEES

This case concerns Ronald Hoglund's claim for workers' compensation benefits due to prostate cancer, presumed industrial under Labor Code section 3212.1. The defendant, California Highway Patrol, sought reconsideration, arguing the injury date was incorrect, precluding the presumption, and disputing the permanent disability rating. The Appeals Board granted reconsideration to clarify the employment period. Ultimately, the Board affirmed the award, modifying Finding of Fact No. 1 to reflect the applicant was employed by the CHP from June 1, 1970, through September 3, 2000.

Labor Code section 3212.1Petition for ReconsiderationAmended Findings and AwardWCJcumulative traumastatute of limitationspresumptioncarcinogenprimary siteFaust v. City of San Diego
References
Case No. 100000000
Regular
Dec 09, 2011

NOEL MORTON (Deceased), CAROLYN MORTON, BRANDON MORTON, LAURA DOUGHERTY as Guardian ad Litem and Trustee for CHEYENNE MORTON, a minor vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUN STATE EMPLOYEES, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

The applicants seek reconsideration of a decision that set aside an earlier award of death benefits. They argue the trial judge erred in calculating the benefits due and improperly credited payments from the CalPERS "1959 Survivor Benefits program." The Appeals Board granted reconsideration, rescinded both the September 15, 2011 order and the August 18, 2011 award, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationGuardian ad LitemTrusteeAnnual AwardFindings and AwardWCJDependency BenefitsCalPERS1959 Survivor Benefits
References
Case No. FRE 0147567
Significant
Jan 24, 2002

MARIA YOLANDA JIMENEZ vs. SAN JOAQUIN VALLEY LABOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Board holds that an industrially injured seasonal employee's vocational rehabilitation maintenance allowance (VRMA) should be calculated at two-tiered rates, reflecting in-season and off-season earning capacity, similar to temporary disability indemnity. The case is remanded to determine the applicant's off-season earning capacity.

Seasonal farm laborerVocational Rehabilitation Maintenance Allowance (VRMA)Temporary Disability Indemnity (TDI)In-season earnings capacityOff-season earnings capacityAverage weekly earningsLabor Code section 139.5En banc decisionEarning capacity benchmarkTwo-tiered award
References
Case No. GOL 0087934, GOL 0087935, GOL 0087936
Significant
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that an employee's claim of discrimination under Labor Code section 132a, based on an employer's termination of contributions to an ERISA group health plan due to the employee's extended disability leave, is preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptiongroup health benefitsdiscriminationtemporary disabilityworkers' compensationadverse actionemployer policyfederal lawstate law
References
Case No. FRE 0147567
En Banc
Jan 24, 2002

Maria Yolanda Jimenez vs. San Joaquin Valley Labor, Superior National Insurance Company

The Board holds that an industrially injured seasonal employee is entitled to two separate temporary disability indemnity rates based on their in-season and off-season earning capacity, and consequently, their Vocational Rehabilitation Maintenance Allowance (VRMA) should also be a two-tiered award corresponding to those rates.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationFindings and AwardSeasonal Farm LaborerTemporary Disability IndemnityVocational Rehabilitation Maintenance Allowance (VRMA)Average Weekly EarningsEarning CapacityIn-Season Rate
References
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