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

Case No. ADJ8213231
Regular
May 21, 2013

David Lade vs. COUNTY OF NEVADA SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) denied the County of Nevada Sheriff's Department's petition for reconsideration of a Findings and Award. The WCAB adopted the administrative law judge's report, finding the petition lacked merit and noting the defendant's procedural missteps. Specifically, the defendant improperly referenced an unadmitted document and sought removal when reconsideration was the correct procedural avenue for a final order. The Board affirmed the applicant's entitlement to shift differential as part of his Labor Code 4850 benefits, aligning with case law that prevents employers from altering an employee's status to avoid such payments.

Workers' Compensation Appeals BoardCounty of Nevada Sheriff's DepartmentDavid LadeADJ8213231Petition for ReconsiderationWCAB Rule 1084(a)Labor Code section 4850shift differentialmodified dutylight duty
References
Case No. ADJ7760117
Regular
Jul 10, 2020

SAMUEL SMITH vs. KERN COUNTY SHERIFF'S DEPARTMENT, COUNTY OF KERN

This case involves Samuel Smith, a deputy sheriff, seeking workers' compensation for claimed industrial injuries to his heart. The Workers' Compensation Appeals Board rescinded the prior decision, finding the medical record regarding the applicant's heart condition insufficiently developed. The Board remanded the case for further proceedings to determine when the applicant's hypertensive heart disease developed and whether it falls under the statutory presumption of industrial injury for sheriffs. Crucially, the Board requires additional medical evidence to establish causation by a reasonable medical probability.

Workers' Compensation Appeals BoardSamuel SmithKern County Sheriff's DepartmentDeputy SheriffReconsiderationFindings Orders and AwardLumbar SpineUpper ExtremitiesGERDCardiovascular System
References
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
Case No. ADJ12194488
Regular
Oct 27, 2020

John Babbitt vs. County of Los Angeles/Sheriff's Department

This case concerns a Petition for Removal filed by the defendant, the County of Los Angeles/Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) dismissed the petition based on the September 2, 2020 Minutes of Hearing, which indicated the defendant intended to withdraw it. Even if the withdrawal had not been noted, the WCAB would have denied the petition after reviewing the record and the WCJ's report.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportMinutes of HearingDismissalWithdrawalApplicantDefendantCounty of Los AngelesSheriff's Department
References
Case No. ADJ7852105
Regular
Jun 02, 2013

FRANKLIN BARRETT (Deceased) vs. COUNTY OF SISKIYOU SHERIFF'S DEPARTMENT

This case involves a petition for reconsideration by applicant Franklin Barrett's estate against the County of Siskiyou Sheriff's Department regarding a workers' compensation claim. The Workers' Compensation Appeals Board denied the petition, adopting the reasoning of the administrative law judge. The Board specifically noted that Labor Code section 3212's presumption of industrial injury for heart trouble did not apply due to a lack of evidence of such a condition. Therefore, the petition for reconsideration was denied.

Labor Code section 3212heart trouble presumptiondenying reconsiderationWorkers' Compensation Appeals Boardself-insured defendantdeceased applicantSheriff's Departmentworkers' compensation administrative law judgeADJ7852105Redding District Office
References
Case No. ADJ7742592
Regular
Jul 02, 2012

Vonda Anderson vs. County of Los Angeles / Sheriff's Department, Tristar Risk Management

The Workers' Compensation Appeals Board denied reconsideration of a previous decision regarding Vonda Anderson's claim against the County of Los Angeles/Sheriff's Department. The Board adopted the judge's report, finding the defendant failed to demonstrate good cause to overturn the original award. The stipulations indicated the applicant received temporary disability benefits, and the defendant could have inquired about work offers post-disability. Consequently, the defendant's petition for reconsideration was denied.

WCABVonda AndersonCounty of Los AngelesSheriff's DepartmentTristar Risk ManagementADJ7742592Order Denying ReconsiderationStipulationsLabor Code Section 4850Temporary Disability
References
Case No. ADJ3358392
Regular
Oct 04, 2011

JESUS HERNANDEZ vs. KERN COUNTY SHERIFF'S DEPARTMENT, Permissibly Self-Insured, AIMS

This case involves a deputy sheriff's claim for a left knee injury sustained in August 2005. The defendant employer argued the claim was barred by Labor Code section 3600(a)(10) due to a post-termination filing and insufficient evidence. The Appeals Board affirmed the WCJ's findings, ruling the employer had actual notice of the injury prior to termination, satisfying an exception to section 3600(a)(10)(A). Therefore, the claim was deemed compensable and not barred by the post-termination defense.

Workers' Compensation Appeals Boardindustrial injurydeputy sheriffKern County Sheriff's DepartmentLabor Code section 3600(a)(10)post-termination defensenotice of injurySergeant Goodingqualified medical evaluatorThor Gjerdrum M.D.
References
Case No. ADJ3496280 (MON 0341102)
Regular
Dec 02, 2008

MARCELLO CURKO vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.

Workers' Compensation Appeals BoardCounty of Los Angeles Sheriff's DepartmentTristar Risk ManagementDeputy SheriffIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4664Labor Code Section 46631997 PDRS
References
Case No. ADJ9343248
Regular
Dec 07, 2017

LONNY BUBAK vs. SOLANO COUNTY SHERIFFS DEPARTMENT

This case, concerning a workers' compensation claim by Lonny Bubak against Solano County Sheriff's Department, involves the application of Labor Code section 4062.9, which presumes the correctness of a treating physician's opinion. The Appeals Board denied the defendant's petition for reconsideration, affirming the administrative law judge's finding that the defendant failed to rebut this presumption. This means the defendant did not provide sufficient evidence to disprove the industrial nature of the injury as determined by the treating physician. Therefore, the Appeals Board was bound to accept the treating physician's opinion as correct.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgePresumptionLabor Code Section 4062.9Treating PhysicianBurden of ProofRebuttalIndustrial RelationshipSolano County Sheriffs Department
References
Case No. ADJ3255503 (SDO 0362975)
Regular
Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order
References
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