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

Case No. ADJ8266808
Regular
Sep 12, 2014

LILIANA RUIZ vs. MCDONALD'S, INC.; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves Liliana Ruiz's claim of sexual assault at McDonald's on August 15, 2006. The defendant, McDonald's and its insurer, sought reconsideration of the finding that the assault was industrial, arguing the applicant's credibility was unreliable. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found the applicant's testimony credible, supported by the owner's belief and the employer's inconsistent actions regarding reporting the incident. Defendant's arguments concerning the applicant's termination and other personal matters were found not to rebut the assault allegation.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilitySexual AssaultIndustrial InjuryPsychiatric InjuryOrthopedic InjuryInternal InjuryManager
References
Case No. ADJ4245808
Regular
Jan 13, 2013

PATRICIA ANNE DYKES vs. CITY OF SAN DIEGO

This case involves an applicant claiming a psyche injury due to sexual harassment and assault by a supervisor. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The judge found the applicant not credible due to inconsistent testimony and conflicting accounts of events. Medical opinions suggested pre-existing psychopathology and significant non-industrial stressors as the predominant causes of any alleged psychological issues. Ultimately, the applicant failed to meet her burden of proof regarding injury arising out of and in the course of employment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryAOE/COECredibility FindingSexual HarassmentSexual AssaultSupervisor MisconductWitness TestimonyMedical Records
References
Case No. ADJ9664450
Regular
Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury
References
Case No. ADJ7177544
Regular
Aug 12, 2013

ADRIAN IBANEZ vs. GOLDEN DEN CORPORATION/DENNY'S; USF & G

This case involves an applicant claiming industrial injury from an assault that occurred on May 20, 2008. The initial finding determined the assault did not arise out of employment, but the Appeals Board has overturned this. The Board found the applicant was in the course of employment during a break, even if off-premises, and that the assault, having an unknown motive, arose out of employment. The matter is now remanded for further proceedings on all outstanding issues.

Workers Compensation Appeals BoardGolden Den CorporationDenny'sAdrian IbanezPetition for Reconsiderationindustrial injuryassaultarose out of employmentin the course of employmentpersonal comfort doctrine
References
Case No. ADJ7037201
Regular
Apr 22, 2013

Eddie Avakian vs. CITY OF BALDWIN PARK, ADMINSURE

This case involves an applicant police officer seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 72% permanent partial disability. The applicant contended the WCJ erred by excluding sleep disturbances and sexual dysfunction from the disability rating and by apportioning his cardiovascular disability. The WCAB granted reconsideration, rescinded the original award, and found the applicant's sexual dysfunction and sleep disorder compensable. The matter was returned to the trial level for a new decision, with the WCAB stating it would not disturb other findings, including the hypertension apportionment.

Workers' Compensation Appeals BoardEddie AvakianCity of Baldwin ParkPermissibly Self-InsuredAdministered By ADMINSUREADJ7037201Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award and OrderAdministrative Law Judge
References
Case No. ADJ2760698 (VNO 0554027)
Regular
Jan 31, 2012

BERTHA CHAN vs. CARL KARCHER ENTERPRISES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

In this workers' compensation case, the Appeals Board affirmed its prior decision, granting reconsideration and rescinding the initial denial of the applicant's psychiatric and other injury claims. The Board found that the employer failed to meet its burden of proving the applicant received notice of termination *before* she filed her claim. Crucially, the employer had prior notice of the applicant's sexual harassment complaints and her resulting symptoms before her employment ended. Therefore, the Board ruled the applicant's claim was not barred by post-termination statutes, upholding the applicant's right to have her injury considered on its merits.

Petition for ReconsiderationOpinion and Decision After ReconsiderationFindings of Fact and Orderindustrial injurypsycheheadachesinternal systemsexual harassmentLabor Code section 3208.3(e)post-termination claim
References
Case No. ADJ6708774
Regular
Nov 21, 2012

AVNEET PALAHA vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to the Department of Transportation (DOT) regarding its claim for credit against applicant Avneet Palaha's workers' compensation benefits. The DOT sought credit for a $305,000 civil settlement Palaha received from her employer for the same alleged sexual harassment and retaliation that led to her workers' compensation claim. The WCJ had denied the credit, interpreting the civil settlement's release clause to exclude workers' compensation claims. However, the Board found the release language preserved the employer's right to seek credit. The matter was returned for further proceedings to determine the extent of the credit, considering employer negligence and offsets for applicant's costs and fees.

Workers' Compensation Appeals BoardReconsiderationCivil SettlementCreditDouble RecoveryEmployer NegligenceMutual ReleaseWorkers' Compensation BenefitsCumulative TraumaPsyche Injury
References
Case No. ADJ9942537
Regular
Dec 09, 2018

ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

Going and coming ruledual purpose exceptioncourse of employmentscope of employmentAOE/COEpersonal comfort doctrinepaid breaksunpaid lunch breakassaultthird-party assault
References
Case No. ADJ6821372
Regular
Apr 23, 2010

RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granted to Ruben Cubias. The Board adopted the Administrative Law Judge's report, which found the applicant was not the initial physical aggressor in an assault by a co-worker. The defendant's petition was also defective for failing to serve all lien claimants as required by WCAB rules. The Board affirmed the applicant's entitlement to benefits based on the evidence and the judge's credibility findings.

workers compensationpetition for reconsiderationadministrative law judgeinitial physical aggressorassaultco-workersecurity guardlien claimantsservice defectcredibility finding
References
Case No. SBR 0273372; SBR 0273378 SBR 0273380; SBR 0278671
Regular
Aug 10, 2007

SHARON CANDLER vs. THE CUSTOMER COMPANY / CIGARETTES CHEAPER, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANIES, BROADSPIRE

The Board rescinded findings for two psychiatric injuries due to the applicant's short employment duration, finding them not "sudden and extraordinary." The claim stemming from a robbery and assault was remanded for further proceedings on temporary disability and medical treatment, with orthopedic injuries also deferred pending this development. The Board also ruled that CIGA cannot be ordered to pay temporary disability benefits that the applicant must then reimburse to EDD, as this circumvents statutory limitations on CIGA's liability to the state.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injuryconvenience store clerkrobberyassaultterminationCIGASuperior National Insurance Companyliquidation
References
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