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

Case No. ADJ6622799
Regular
Oct 18, 2013

TERRY A. WIRTH vs. STATE OF CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns the denial of a Petition for Reconsideration filed by the defendant, the State of California Highway Patrol. The applicant, Terry A. Wirth, suffered a continuous trauma injury (prostate cancer) leading to urinary and erectile dysfunction. The Appeals Board adopted the Workers' Compensation Judge's report, finding that the date of injury was in 2008, determining the applicable permanent disability compensation rate based on that date. The Board also found ample evidence supporting the agreed medical examiner's impairment ratings for the applicant's post-surgical conditions, dismissing the defendant's objections.

Workers' Compensation Appeals BoardState of California Highway PatrolState Compensation Insurance FundPetition for ReconsiderationPermanent disability compensation rateLabor Code section 5412Urinary incontinenceErectile dysfunctionCommon postprostatectomy symptomsWhole person impairment ratings
References
3
Case No. ADJ9883212
Regular
May 19, 2018

LADONNA PALEGA vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns a California Highway Patrol officer diagnosed with adenocarcinoma in situ of the cervix. The defendant, California Highway Patrol, sought reconsideration of a finding that this condition constituted an industrial injury under Labor Code section 3212.1. The defendant argued that the applicant's condition was not considered "cancer" and therefore the statutory presumption of industrial causation did not apply. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding based on qualified medical evaluator Dr. Ngo's opinion that adenocarcinoma in situ qualifies as cancer under the statute. The Board found the defendant failed to rebut the presumption by providing evidence that the exposure to carcinogens was not linked to the disabling cancer.

Labor Code section 3212.1presumption of injurycervical canceradenocarcinoma in situLoop Electrosurgical Excision Procedure (LEEP)substantial medical evidencepanel qualified medical evaluatordisputable presumptionrebuttal evidencecarcinogen exposure
References
1
Case No. ADJ1237800 (AHM0151777)
Regular
Jan 22, 2016

KENNETH ROSENBERG vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL DISABILITY AND RETIREMENT, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to clarify clerical errors in a previous award. The Board amended the award to reflect that the defendant, California Highway Patrol, is "legally uninsured" and affirmed the application of the "duty belt" presumption (Labor Code section 3213.2). The Board also affirmed the finding of $43\%$ permanent disability, temporary disability, and the denial of apportionment, finding that the defendant waived any due process claims regarding temporary disability by not objecting at trial.

Workers' Compensation Appeals BoardCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermissibly Self-InsuredLow Back InjuryLeft Shoulder Injury
References
2
Case No. ADJ4400372 (SAC 0282814)
Regular
May 08, 2009

MICHAEL GRIFFIN vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's denial of the applicant's petition to reopen. The Board found that the applicant established good cause to reopen for new and further disability related to his left thumb and heart injuries sustained during his employment with the California Highway Patrol. Substantial medical evidence supported the cumulative trauma to the left thumb and the presumption under Labor Code section 3212.3 applied to the heart injury. The case was returned to the trial level for further proceedings.

ReconsiderationPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 3212.3Presumption StatuteIndustrial CausationCumulative TraumaStipulated AwardLeft Thumb Injury
References
4
Case No. ADJ10681058
Regular
Oct 21, 2019

MARK MINTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Minton concerning a workers' compensation decision. The Appeals Board granted reconsideration, adopted the WCJ's report, and amended the original decision. The amended decision affirms the finding that Minton sustained a cumulative heart injury arising out of and in the course of his employment with the California Highway Patrol from July 16, 2015, through July 16, 2016.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportcumulative injuryDepartment of California Highway PatrolLegally UninsuredState Compensation Insurance Fundheart injuryofficeroccupational group 490
References
0
Case No. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
0
Case No. ADJ8547650
Regular
Apr 21, 2016

RONALD HOGLUND vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND, STATE COMPENSATION INSURANCE FUND STATE EMPLOYEES

This case concerns Ronald Hoglund's claim for workers' compensation benefits due to prostate cancer, presumed industrial under Labor Code section 3212.1. The defendant, California Highway Patrol, sought reconsideration, arguing the injury date was incorrect, precluding the presumption, and disputing the permanent disability rating. The Appeals Board granted reconsideration to clarify the employment period. Ultimately, the Board affirmed the award, modifying Finding of Fact No. 1 to reflect the applicant was employed by the CHP from June 1, 1970, through September 3, 2000.

Labor Code section 3212.1Petition for ReconsiderationAmended Findings and AwardWCJcumulative traumastatute of limitationspresumptioncarcinogenprimary siteFaust v. City of San Diego
References
8
Case No. ADJ14723140
Regular
Aug 08, 2025

Phillip Howlett, et al. vs. California Highway Patrol, State Compensation Insurance Fund

Defendant California Highway Patrol sought reconsideration of a 'Findings and Award' which applied a presumption of compensability for cancer, resulting in the applicant's death. Defendant argued it had rebutted the presumption and that applicant's subsequent employer, University of California Police Department, was liable. The Appeals Board granted reconsideration to correct technical errors in the original F&A, rescinding and reissuing it without substantive changes. The Board affirmed that the Labor Code section 3212.1 cancer presumption applied to CHP employment and was not rebutted. It further clarified that the presumption does not extend to the University of California Police Department, and the defendant provided no evidence of causation under traditional analysis for the subsequent employer.

ADJ14723140Phillip HowlettCalifornia Highway Patrollegally uninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and AwardLabor Code Section 3212.1cancerpresumption of compensability
References
2
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. ADJ2482512 (SFO 0430921) ADJ637242 (SFO 0410171)
Regular
Jun 25, 2010

JULIE KAUS vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case involves an applicant highway patrol officer who sustained industrial injuries to her back. The Appeals Board granted reconsideration to address apportionment of permanent disability. The Board reversed the trial judge's finding of no apportionment, finding that a prior 20% award for a previous injury must be applied under Labor Code section 4664(b). Consequently, the applicant's permanent disability award was reduced from 100% to 80%, with further proceedings deferred to determine attorney's fees and the precise indemnity award.

Workers' Compensation Appeals BoardCalifornia Highway PatrolStipulations and AwardPetition to ReopenPermanent Total DisabilityApportionmentLabor Code section 4663Labor Code section 4664Cumulative TraumaSpecific Injury
References
10
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