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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ11183246
Regular
Aug 19, 2019

RAY MASBAD vs. FOLSOM STATE PRISON, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration in this case. The applicant successfully proved an industrial psychiatric injury, and the defendant failed to demonstrate it was caused by lawful, good faith personnel actions. Since the applicant did not challenge the judge's findings, the Board affirmed the compensability of the injury. Consequently, the petition for reconsideration was dismissed.

Petition for ReconsiderationIndustrial InjuryPsycheLawful Personnel ActionsGood Faith Personnel ActionsDiscriminatory Personnel ActionsCompensable InjuryWCJ OpinionLegally Correct FindingsAggrieved Applicant
References
Case No. ADJ3007917 (SAC 0360257) ADJ2678306 (SAC 0360255) ADJ1603912 (SAC 0364515) ADJ2464840 (SAC 0360256) ADJ4004410 (SAC 0360258) ADJ7144350
Regular
Apr 29, 2011

CARLLIE WILLIAMS vs. DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for removal, finding that the Department of Transportation violated a prior stipulated settlement with the applicant. The settlement required the DOT to remove specific documents from the applicant's personnel file, and these documents were deemed irrelevant to the workers' compensation proceedings. The Board amended the prior order to explicitly prohibit the DOT from using these removed documents for any purpose in the applicant's workers' compensation claims. While the DOT cannot use these specific documents, they are still permitted to present witness testimony regarding the underlying events.

Petition for removalState Personnel Boardstipulated settlementpersonnel filepsychiatric injuryactual events of employmentgood faith personnel actionLabor Code section 3208.3vitiateevidence
References
Case No. ADJ8777230
Regular
Jun 29, 2015

TIMETHY BLAKELEY vs. AIR RESOURCES BOARD, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by the defendants, Air Resources Board and State Compensation Insurance Fund, following a Workers' Compensation Appeals Board (WCAB) decision that awarded benefits to Timothy Blakeley. The defendants argued the administrative law judge erred in determining Blakeley's psychiatric injury was not primarily caused by lawful personnel actions and that the causation threshold was misapplied. The WCAB denied the petition, adopting the WCJ's report which found the defendants failed to demonstrate the personnel actions were in good faith and that the applicant's injury was predominantly work-related. The WCAB gave significant weight to the WCJ's credibility determination of the applicant's testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationLabor Code §3208.3(h)substantial causegood faith personnel actionpsychiatric injuryAir Resources BoardSCIFAME Dr. Donald Feldman
References
Case No. ADJ10350134
Regular
Apr 27, 2018

ROSALBA AYON vs. UNITED AG PERSONNEL MANAGEMENT INC., APPLIED RISK SERVICES, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION, INC.

This case involved a defendant's petition to remove "CBE Law" from the party record. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was incorrectly labeled as a petition for removal. The WCAB found no WCJ order to remove and stated that such administrative matters should be handled at the district level. Therefore, the WCAB adopted the WCJ's recommendation to deny the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJReport and RecommendationDismissalDistrict LevelOfficial Address RecordCBE LawAdministrative Law JudgeParty Record
References
Case No. ADJ1010952 (VNO 521983), ADJ620208 (VNO 521986)
Regular
Feb 09, 2009

MELVIN THOMAS vs. STATE OF CALIFORNIA / BOARD OF PAROLE HEARINGS; STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration. Defendant's petition was granted, reversing the prior finding of industrial psychiatric injury to the applicant. The Board determined that the applicant's psychological condition was predominantly caused by a lawful, non-discriminatory, good faith personnel action (the ending of his temporary assignment), thereby barring compensation under Labor Code section 3208.3(h). Consequently, any related cardiovascular and hypertension claims were also dismissed.

Labor Code 3208.3(h)personnel actionpsychiatric injurygood faith personnel actionlawfulnondiscriminatorypredominant causeappeals boardreconsiderationfindings and award
References
Case No. BAK 0147388
Regular
Aug 22, 2007

ALVIN WILEY vs. STATE OF CALIFORNIA, CDCR - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify the application of Labor Code section 4656(c)(1) regarding the limit on temporary disability indemnity. The Board determined that Enhanced Industrial Disability Leave (EIDL) payments count towards the two-year/104-week limit on temporary disability, reversing the judge's prior finding. Consequently, the applicant is entitled to additional temporary disability only for the brief period from December 29, 2006, to January 4, 2007.

Workers' Compensation Appeals BoardAlvin WileyState of California CDCR Wasco State PrisonLegally UninsuredState Compensation Insurance FundAdjusting AgencyBAK 0147388Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ9499569
Regular
Sep 11, 2018

CHRIS HENDERSON vs. CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, increasing the applicant's permanent disability rating from 16% to 26%. This revision was based on incorporating the agreed medical evaluator's findings of a 14% upper extremity impairment due to decreased shoulder range of motion, which the original rating had omitted. The Board also noted the WCJ's rating instructions did not comply with established precedent regarding listing all impairments. The decision otherwise affirmed the WCJ's findings.

Workers' Compensation Appeals BoardCDCR - Corcoran State PrisonState Compensation Insurance FundPetition for ReconsiderationPermanent Disability RatingAgreed Medical EvaluatorOrthopedistEugene HarrisM.D.Temporary Disability Indemnity
References
Case No. ADJ9700517
Regular
Oct 05, 2018

JEANNE WILLIAMS vs. CITY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.

Workers' Compensation Appeals BoardPSYCHE INJURYGOOD FAITH PERSONNEL ACTIONLABOR CODE §3208.3(H)TEMPORARY DISABILITYPANEL QUALIFIED MEDICAL EVALUATOR (PQME)DR. ELATROZYROLDA ANALYSISSUBSTANTIAL CAUSELAWFUL PERSONNEL ACTION
References
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