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

Case No. ADJ8691809
Regular
Apr 14, 2017

NICOLE BORAGNO vs. STATE OF CALIFORNIA, CDCR - CENTRAL CALIFORNIA WOMEN'S FACILITY CHOWCHILLA, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Nicole Boragno's workers' compensation claim against the State of California, CDCR. The applicant sought reconsideration of a decision denying the admission of a supplemental medical report. The WCAB denied reconsideration, adopting the WCJ's report which found the supplemental report inadmissible. This was because discovery had closed at the mandatory settlement conference, and the defendant failed to establish good cause for introducing evidence not previously disclosed. The WCJ noted there was no change in circumstances to warrant the late-filed report, distinguishing it from precedent that allows such reports.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationmandatory settlement conferencediscovery closureLabor Code section 5502(d)(3)good causesupplemental reportPQMEapportionmenttimeliness
References
2
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
1
Case No. ADJ9433946
Regular
Feb 19, 2015

ELLEN REED vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

In *Reed v. State of California, CDCR California Correctional Center*, the applicant, Ellen Reed, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The Board believes reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemRedding District Office
References
0
Case No. ADJ2590975
Regular
Aug 09, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, STATE COMPENSATION INSURANCE FUND

In **Deleon v. State of California, CDCR**, the defendant sought reconsideration of a decision filed May 20, 2011. The Workers' Compensation Appeals Board (WCAB) granted the petition, recognizing the need for further study of factual and legal issues. This action was deemed necessary to ensure a complete understanding of the record and to issue a just decision. All future filings are to be directed to the WCAB's Commissioners' Office in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCDCRMule Creek PrisonState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After ReconsiderationCommissioners' OfficeFrank M. Brass
References
0
Case No. ADJ8611839
Regular
Sep 07, 2016

NATALIE CLAYTON vs. STATE OF CALIFORNIA, CDCR PAROLE & COMMUNITY SERVICES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case addresses a claim for industrial colon cancer and hypertension. The Appeals Board denied the Department of Justice's petition for reconsideration, finding their arguments regarding latency periods were unsupported. However, the Board granted the CDCR's petition, overturning the prior finding of industrial causation for colon cancer against the CDCR. This was based on the conclusion that the applicant did not meet her burden of proof for CDCR employment absent the statutory presumption.

Labor Code 3212.1cumulative traumacolon cancerhypertensionpolice officerspecial agentparole officerSan Diego Police DepartmentDepartment of JusticeDepartment of Corrections and Rehabilitation
References
4
Case No. ADJ7130626 ADJ7130710
Regular
Mar 07, 2013

MARK CABRERA vs. CALIFORNIA STATE PRISON KINGS COUNTY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Cabrera against the California State Prison Kings County. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the WCJ's decision. The WCAB adopted and incorporated the WCJ's report, giving great weight to the judge's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCalifornia State Prison Kings CountyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportGarza v. Workers' Comp. Appeals Bd.Credibility FindingDenied Reconsideration
References
0
Case No. GRO 0021432
Regular
Apr 28, 2008

Theodore Maiso vs. State of California, Department of Mental Health, State Compensation Insurance Fund, State Contract Services

This case involves a petition for reconsideration by applicant Theodore Maiso against the State of California, Department of Mental Health. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report and reasoning. The Board also corrected a technicality by ordering the substitution of "State of California, Division of Workers' Compensation, Workers' Compensation Appeals Board" in place of "State of California, Division of Workers' Compensation" in the WCJ's decision headings to accurately reflect the judicial authority.

WORKERS' COMPENSATION APPEALS BOARDTheodore MaisoState of California Department of Mental HealthLegally UninsuredState Compensation Insurance FundAdjusting AgencyOrder Denying ReconsiderationWorkers' Compensation Administrative Law JudgeJudicial AuthorityOriginal Jurisdiction
References
0
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
3
Case No. MISSING
Regular Panel Decision

Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. Public Utilities Commission of California (In Re 360networks (USA) Inc.)

The Official Committee of Unsecured Creditors of 360networks (USA) Inc. (Debtors) initiated an adversary proceeding against the Public Utilities Commission of the State of California (CPUC) seeking to avoid certain fee payments as preferential transfers under the Bankruptcy Code. The CPUC moved to dismiss the action, asserting Eleventh Amendment sovereign immunity and arguing the court lacked jurisdiction. Judge Allan L. Gropper denied the CPUC's motion, concluding that the court holds in rem jurisdiction over the debtor's property in a preference action. The Court determined that the exercise of this jurisdiction would not offend state sovereignty, citing various forms of potential relief available, including the disallowance of claims by other California state instrumentalities.

Bankruptcy LawSovereign ImmunityEleventh AmendmentIn Rem JurisdictionPreference ActionMotion to DismissPublic Utilities CommissionCalifornia Environmental Quality ActDebtor-Creditor RelationsFederal Jurisdiction
References
45
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