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

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. 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 The Workers' Compensation Appeals Board rescinded the prior decision, finding the medical record regarding the applicant's heart condition insufficiently developed.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. ADJ7648108
Regular
Sep 20, 2019

DOUGLAS HUSE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the WCJ's findings. The Board affirmed that a single physician's opinion can constitute substantial evidence, even if contradictory to other medical reports. Crucially, the Board noted that applicant's kidney cancer is a presumptive injury under Labor Code section 3212.1, precluding apportionment. Therefore, the applicant's claim for kidney cancer arising from his employment as a Sheriff's Sergeant was deemed valid and not barred by the statute of limitations.

WORKERS' COMPENSATION APPEALS BOARDCounty of San DiegoPermissibly Self-InsuredADJ7648108Petition for Reconsiderationsubstantial evidencemedical opinionsLabor Code section 3212.1presumptive injurykidney cancer
References
Case No. ADJ2751420 SDO 0346598 ADJ3846048 SDO 0348706 ADJ3105755 SDO 0354563
Regular
Jul 24, 2013

WILLIAM HANSEN vs. COUNTY OF SAN DIEGO

This case concerns a County of San Diego sheriff's sergeant seeking workers' compensation for multiple industrial injuries. The applicant was awarded $93\%$ permanent disability for injuries to his knees, kidneys, heart, and hypertension, but the defendant sought reconsideration. The Appeals Board granted reconsideration to amend the award, apportioning $25\%$ of the left knee disability to non-industrial factors and reducing the overall permanent disability to $91\%$. The Board otherwise affirmed the original findings regarding causation and medical treatment needs.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Sheriff's sergeantCarotid arteryHypertensionUmbilical herniaErectile dysfunction
References
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. 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. ADJ9533148
Regular
Apr 17, 2019

ANTHONY TAYLOR (deceased) vs. MERCED COUNTY SHERIFF’S DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding of bad faith against the defendant, Merced County Sheriff's Department. The Board determined that the defendant acted within its legal rights to dispute the medical specialty for a Qualified Medical Evaluator (QME) and sought a replacement panel. Because the defendant's actions were permissible under regulations, they were not considered bad faith, thus rescinding the attorney's fees award. The Board otherwise affirmed the original decision regarding the appropriateness of an internal medicine specialist.

Workers' Compensation Appeals BoardMerced County Sheriff’s DepartmentAnthony Taylordeath benefitspancreatic cancercorrectional sergeantsepticemiabiliary tract obstructionQME panelinternal medicine
References
Case No. ADJ8066822
Regular
May 30, 2019

SCOTT WALL vs. COUNTY OF SACRAMENTO

This case concerns a deputy sheriff sergeant, Scott Wall, who alleges discrimination under Labor Code section 132a. Wall was denied a requested transfer to a patrol division while on injury leave, despite having the seniority for it. The Workers' Compensation Appeals Board affirmed the finding that the County of Sacramento discriminated against Wall by denying the transfer, as less senior employees were transferred. The employer's defense of business necessity was rejected because the County had other options to fill the critical patrol positions.

Labor Code section 132aDiscriminationRetaliationTransfer denialSeniorityBusiness necessityPrima facie caseDisadvantageous treatmentWCJReconsideration
References
Case No. ADJ7676148
Regular
Oct 17, 2013

CAMERON PRATT vs. SAN BERNARDINO COUNTY SHERIFF DEPARTMENT, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the Sheriff Department's Petition for Reconsideration regarding a Deputy Sheriff's Hodgkin's Lymphoma claim. The WCJ found the applicant established a prima facie case for a work-related cancer injury under Labor Code section 3212.1. The defendant failed to rebut the presumption of injury with substantial medical evidence, specifically regarding the latency period and a reasonable link between carcinogen exposure and the applicant's aggressive cancer. The Board adopted the WCJ's report and reasoning in its denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedDeputy SheriffContinuous TraumaCancerHodgkin's LymphomaArising Out of and Occurring in the Course of Employment (AOE/COE)Rebutting the PresumptionLabor Code section 3212.1
References
Case No. ADJ1956398 (SJO 0168771) ADJ4499643 (SJO 0205885) ADJ864261 (SJO 0208619)
Regular
Jun 12, 2015

TIMETHY FINN vs. COUNTY OF SANTA CLARA, OFFICE OF THE SHERIFF

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the applicant permanently and totally disabled. The defendant employer had argued that the medical and vocational expert opinions were insufficient due to a lack of apportionment. The Board affirmed the original award but amended a finding of fact to clarify the injured body parts.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityQualified Medical EvaluatorVocational ExpertApportionmentLabor Code Section 4664Deputy SheriffOffice of the Sheriff
References
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