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

Case No. MISSING
Regular Panel Decision

Carroll v. Whitney

James and Forestine Carroll brought a medical malpractice suit after their infant daughter, Jessica, died of sepsis and pneumonia. The original defendants included LeBonheur Children’s Medical Center, Dr. Carolyn Whitney, and Dr. Grover W. Barnes. Resident physicians, Dr. Reggie Lyell and Dr. Azra Sehic, were initially dismissed due to state employee immunity. The trial court allowed the jury to apportion fault to these immune non-parties, with Dr. Lyell receiving 70% and Dr. Sehic 30%, while the named defendants received 0%. The Court of Appeals reversed this, but the Supreme Court, in this opinion, reversed the Court of Appeals and reinstated the trial court's judgment. The Supreme Court held that in negligence actions, a jury may generally apportion fault to immune non-parties to promote fairness by aligning fault with liability, thereby preventing the implicit revival of joint and several liability, distinguishing this from workers' compensation cases.

Medical MalpracticeComparative FaultImmune Non-PartiesJury VerdictSepsis and PneumoniaResident Physicians NegligenceState ImmunityJoint and Several Liability AbolitionWorkers' Compensation ExceptionAffirmative Defense
References
44
Case No. ADJ9750276
Regular
Aug 21, 2017

SANDRA KIMBER (DECEASED) vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding Sandra Kimber's death compensable under the police officer pneumonia presumption. The Board found the decedent's cause of death, acute bronchiotracheopneumonitis, is medically distinct from pneumonia and therefore not covered by the statutory presumption. The case was returned for further proceedings to determine if the injury is compensable absent the presumption and to establish dependency for death benefits.

Workers' Compensation Appeals BoardSandra Kimber (Deceased)City of Los Angelesself-insuredADJ9750276Petition for ReconsiderationFindings and Awardindustrial injurydeath benefitLabor Code section 3212
References
0
Case No. ADJ671568 (VNO 0519723)
Regular
Jun 05, 2009

KAREN REFF vs. UNION OF AMERICAN HEBREW CONGREGATION, MEADOWBROOK INSURANCE COMPANY, GALLAGHER BASSETT

This case involves an applicant claiming her industrial pneumonia aggravated a pre-existing common variable immunodeficiency (CVID), necessitating ongoing immunoglobulin treatment. The defendant disputes that the pneumonia aggravated the CVID or that the treatment is causally related to the industrial injury. The Agreed Medical Evaluator could not definitively opine on CVID aggravation without reviewing later medical records. Consequently, the Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further medical development and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPneumoniaCommon Variable Immunodeficiency (CVID)Immunoglobulin Replacement TreatmentsAggravationAgreed Medical Evaluator (AME)Further Development of Record
References
10
Case No. ADJ10455970
Regular
Jul 15, 2019

CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

Workers' Compensation Appeals BoardBeatriz GaonaCresencio BenitezAzitex TradingEmployers CompensationADJ10455970Petition for ReconsiderationFindings and OrderMachine OperatorCumulative Injury
References
3
Case No. ADJ6652737
Regular
Nov 16, 2017

ANTRON LEE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, PLEASANT VALLEY STATE PRISON, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration, rescinded the previous decision, and returned the case to the trial level for further proceedings. The Board found the deposition transcript of the Agreed Medical Examiner, Dr. Markovitz, should have been admitted into evidence. Crucially, the record lacked substantial evidence to determine the date(s) of injury for the applicant's Valley Fever and alleged heart condition. Additionally, the Board noted Valley Fever likely qualifies for the Labor Code Section 3212.10 pneumonia presumption.

Valley FeverCoccidioidomycosisPresumptionLabor Code Section 3212.10Date of InjuryCumulative TraumaAgreed Medical Examiner (AME)ReconsiderationPetitionPermanent Partial Disability
References
9
Case No. MISSING
Regular Panel Decision

Zivitz v. Zivitz Bros.

Claimant, a butcher, developed acute lobar pneumonia in September of 1974 due to daily exposure to cold refrigerators. Attempts to return to work led to a chronic pulmonary disease. The Workers’ Compensation Board found this to be an occupational disease as a result of repeated exposure to cold refrigerated air in his employment. The employer and its carrier appealed this decision, arguing the claimant did not suffer an occupational disease. The court affirmed the Board’s decision, finding substantial evidence to support the conclusion that the claimant suffered an occupational disease.

Occupational DiseaseLobar PneumoniaChronic Pulmonary DiseaseCold ExposureButcherWorkers' Compensation Board AppealAffirmed DecisionEmployment-Related IllnessMedical CausationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

People v. Watson

This case concerns a defendant's appeal following convictions for second-degree murder and first-degree robbery. The court upheld the admission of both an initial confession, finding the interrogation non-custodial, and a subsequent videotaped confession, determined to be lawful after probable cause was established. The defendant's challenge to the sufficiency of evidence linking his actions to the victim's death was rejected, as medical testimony confirmed the attack led to injuries which caused pneumonia, resulting in death. All other contentions raised by the defendant were found to be without merit, thus affirming the original conviction.

AppealMurderRobberyConfessionCustodial InterrogationMiranda RightsProbable CauseMedical ExaminerCausationSufficiency of Evidence
References
12
Case No. MISSING
Regular Panel Decision
Nov 23, 2007

Droogan v. Raymark Industries, Inc.

This case involves an appeal from a Workers’ Compensation Board decision affirming death benefits for the spouse of a deceased worker. The decedent, diagnosed with asbestosis in 1997, died in 2005 from complications of a stroke and pneumonia. The Workers’ Compensation Law Judge and the Board determined that the asbestosis was a contributing factor to his death. The Appellate Division affirmed this decision, finding that the claimant's medical expert provided a rational basis for the causal link between asbestosis and the decedent's post-stroke deterioration. The court concluded that the Board’s finding of a causal relationship was supported by substantial evidence, despite some conflicting medical testimony.

asbestosisdeath benefitscausal relationshipworkers' compensation lawmedical testimonypneumoniastroke complicationsAppellate Divisionsubstantial evidenceBoard decision
References
9
Case No. MISSING
Regular Panel Decision
Apr 04, 2000

Claim of Kaufman v. Aquabug International Corp.

Claimant's husband, Bernard Kaufman, suffered a compensable myocardial infarction in 1983 and was classified as permanently, totally disabled. Following his death in 1992, claimant sought compensation, alleging a causal relationship between his death and the prior injury. The Workers’ Compensation Board denied the claim, crediting the employer's medical expert, Carl Friedman, who opined death was due to end-stage cancer, pneumonia, and septic shock, unrelated to the 1983 infarction. The Appellate Division affirmed the Board's decision, finding substantial evidence to support their conclusion despite conflicting medical opinions presented by claimant's expert.

myocardial infarctioncausation of deathworkers' compensation benefitsmedical expert testimonyconflicting medical evidencesubstantial evidence reviewrenal transplant complicationssepsis pneumoniacardiac arrestpermanent total disability
References
3
Case No. MISSING
Regular Panel Decision

Wachtler v. AT&T

The claimant, an office worker, developed a sinus infection and later pneumonia, progressing to asthma, which he attributed to secondhand smoke in his workplace. He retired in June 1995 and filed a workers' compensation claim. A Workers’ Compensation Law Judge initially found the injury work-related, but the Workers’ Compensation Board reversed this, crediting the employer’s physician who stated no causal link. The claimant appealed this reversal. The court affirmed the Board's decision, finding substantial evidence to support the conclusion that the claimant’s asthma was not caused or permanently aggravated by his work environment, as the Board was free to credit the employer's medical testimony.

Workers' CompensationAsthmaSecondhand SmokeWorkplace InjuryCausationMedical EvidenceAppellate ReviewSubstantial EvidenceOccupational DiseaseRespiratory Illness
References
5
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