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

Case No. SAC 0332586
Regular
Jan 03, 2008

DAVID A. BELL vs. AGRAQUEST, INC., GOLDEN EAGLE INSURANCE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's findings. The WCJ determined that the applicant did not sustain an industrial injury to his sinus and immune system, and that his claim was barred by the statute of limitations due to late filing after termination. The Board found the medical evidence did not support industrial causation and that the applicant's claim was untimely under Labor Code sections 5405, 5409, and 3600(a)(10).

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial injurycumulative traumasinushumoral immune systemstatute of limitationsLabor Code section 3600(a)(10)presumption of compensability
References
Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
Case No. ADJ486464 (VNO 0557238)
Regular
Jan 25, 2017

Linda Castillo vs. FIRST STUDENT, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to address the lien of the Employment Development Department (EDD). The Board affirmed the original findings regarding the applicant's injuries and 24% permanent disability, rejecting claims for 100% disability and specific impairments due to lack of substantial evidence. However, the issue of EDD's lien was deferred to allow for a hearing to determine its validity and the defendant's liability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityVocational EvaluationSubstantial EvidenceWhole Person ImpairmentVocal Cord DysfunctionSinus TachycardiaEmployment Development Department (EDD)
References
Case No. ADJ13173690
Regular
Feb 07, 2023

CHRISTOPHE LELONG vs. BEVERLY HILLS POLICE DEPARTMENT, CORVEL

This case involves a police officer diagnosed with a sinus and respiratory infection caused by *Citrobacter koseri*, a bacteria transmissible through blood. The applicant sustained symptoms during his employment, triggering the presumption of industrial causation under Labor Code section 3212.8. The defendant challenged the presumption, arguing the bacteria's transmission was uncertain and not solely blood-borne. However, the Board affirmed the initial award, finding the defendant failed to meet its burden of proof to rebut the presumption, as the bacteria is capable of being carried or transmitted by blood.

Labor Code 3212.8blood-borne infectious diseasepresumption of industrial causationCitrobacter koseripolice officeroccupational exposuresinus infectionrespiratory systemindustrial injuryrebuttal of presumption
References
Case No. ADJ3321482 (SAC 0347549)
Regular
May 29, 2012

MARYLOU SMITH vs. COUNTY OF SACRAMENTO

This case involves an applicant seeking workers' compensation for sinus injuries allegedly caused by workplace mold exposure. The defendant, County of Sacramento, sought reconsideration after an administrative law judge found the injury AOE/COE, relying on the applicant's treating physician's opinion. The defendant argued that the agreed medical examiner's opinion should have prevailed and that there was insufficient evidence of a materially greater workplace mold exposure. The majority of the Workers' Compensation Appeals Board denied reconsideration, finding the treating physician's opinion persuasive and sufficiently supported by medical evidence.

Agreed Medical ExaminerCausationMold ExposureFungal SinusitisIndustrial InjuryOccupational NexusMedical ProbabilitySubstantial EvidenceWorkers' Compensation Appeals BoardReconsideration
References
Case No. ADJ9570414, ADJ9570416
Regular
Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212
References
Case No. ADJ7562564 ADJ7962683
Regular
Nov 04, 2014

RICHARD ORR vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation appeal where the employer sought reconsideration of a prior award. The primary issues were a clerical error in the temporary disability (TD) indemnity rate and the duration of TD benefits. The Board granted reconsideration to correct the TD rate to $601.67 and amended the TD period from August 12, 2011, to August 12, 2013, applying the 104-week limit under Labor Code section 4656(c)(2). The Board affirmed the finding that the injury was to the applicant's psyche.

Pelican Bay State Prisoncorrectional cook supervisorindustrial injurypsychehypertensiontachycardiatemporary disability indemnityLabor Code section 4656(c)(2)104 compensable weeksclerical error
References
Case No. VNO 0444524
Regular
Nov 20, 2007

JANET M. WINKLER vs. DEPARTMENT OF INDUSTRIAL RELATIONS

The Workers' Compensation Appeals Board rescinded a prior decision, finding the administrative law judge failed to address key issues including the date of injury, causality for orthopedic and psychiatric claims, and proper apportionment of disability. The Board remanded the case for further development of the record and new findings, particularly regarding the applicant's cardiovascular, TMJ, orthopedic, and psychiatric conditions, and ordered attorney's fees to be considered for temporary disability.

Workers' Compensation Appeals BoardIndustrial injuryCardiovascular systemTachycardiaAtrial fibrillationTMJWork stressorsPsyche injuryRolda v. Pitney BowesInc.
References
Case No. ADJ4444395 (AHM 142474)
Regular
Sep 22, 2008

LYDIA VIERRA vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

This case concerns a flight attendant injured in 2001 while flying from Los Angeles. Despite the injury occurring in California and the employee residing there, the employer initially provided benefits under Illinois law, citing a union contract. The California Workers' Compensation Appeals Board (WCAB) found that California has jurisdiction, as Labor Code § 3600.5 grants benefits to employees regularly employed in California regardless of where the injury occurred. The WCAB also determined the claim was not time-barred due to the employer's failure to provide proper California workers' compensation notices, tolling the statute of limitations. The employer is entitled to a credit for benefits already paid under Illinois law.

Workers' Compensation Appeals BoardLydia VierraUnited AirlinesGallagher Bassett ServicesADJ4444395Opinion and Decision After Reconsiderationflight attendantindustrial injurysinusesLos Angeles International Airport (LAX)
References
Case No. ADJ162353
Regular
Nov 02, 2012

GARY NORTH vs. AERO ELECTRIC CONNECTOR, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an interim order finding an applicant sustained industrial cumulative trauma injury to his neck and internal systems. The defendant argued the Agreed Medical Examiner's (AME) opinion was not substantial evidence due to an inaccurate history and failure to review all records. The Board found the AME's opinion was based on a thorough evaluation and job duties, affirming the finding of neck injury. The defendant also challenged the reliance on Dr. David's report for internal injuries, citing issues with his appointment and unavailability for deposition; however, the Board found Dr. David's report constituted substantial evidence and that defendant waived objections to his appointment and deposition unavailability by failing to raise them timely.

Cumulative traumaAgreed Medical ExaminerSubstantial medical evidenceLabor Code section 5701Regular physicianPetition for reconsiderationIndustrial injuryWCJDRE Cervical Category IIWhole Person Impairment
References
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