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Case Law Database

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

Case No. ADJ9 088743
Regular
Jan 26, 2016

LEO ESTRELLA vs. MILWAUKEE BREWERS, SAN FRANCISCO GIANTS, ACE USA

The Workers' Compensation Appeals Board denied Leo Estrella's petition for reconsideration, upholding the administrative law judge's finding that his cumulative injury claim against the Milwaukee Brewers and San Francisco Giants was time-barred by the one-year statute of limitations. The Board found that applicant knew or should have known of his right to file a claim more than one year prior to filing, precluding application of the five-year "new and further disability" statute. Applicant's contention that the statute of limitations was tolled due to lack of knowledge was rejected, as the evidence indicated he was aware of the industrial causation of his injuries by 2009. One commissioner dissented, arguing the date of injury should be 2013 and that defendants failed to prove applicant's knowledge of his rights or the statute of limitations.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsLabor Code Section 5405Labor Code Section 5410New and Further DisabilityTollingDate of InjuryIndustrial CausationProfessional Baseball Player
References
Case No. ADJ769558
Regular
Apr 02, 2013

JOSE VILLA-TORRES vs. CARMAX AUTO SUPERSTORE, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, upholding the administrative law judge's (ALJ) finding that the lien claim was barred by the statute of limitations. The WCAB also dismissed the defendant's petition for reconsideration as untimely. The Board declined to impose sanctions on either party, though it admonished defendant's counsel for excessive exhibits. The ALJ's report, which detailed the untimeliness of the lien claim and found no basis for tolling the statute of limitations, was adopted and incorporated by the WCAB.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDismissalStatute of LimitationsLabor Code Section 4903.5Compromise and ReleaseToll Statute of LimitationsEquitable EstoppelMedical Provider
References
Case No. ADJ3601276 (AHM 0115890)
Regular
Jun 23, 2010

Judy Yanos vs. William Dobkin MD, Zenith Woodland Hills, State Farm 21567 Bakersfield

This case involves a petition for reconsideration by the defendant that was denied. The defendant argued the applicant's claim was barred by the statute of limitations, asserting she knew her injury was work-related earlier. However, the Workers' Compensation Appeals Board adopted the judge's report finding the applicant lacked knowledge of a continuous trauma injury until consulting an attorney. The judge concluded the defendant failed to meet its burden of proof regarding the statute of limitations due to the applicant's credible testimony and the employer's lack of proper notification.

ADJ3601276Continuous Trauma InjuryStatute of LimitationsNielsen v. W.C.A.B.Labor Code Section 5412Appellate ReviewWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardStatute of Limitations Tolling
References
Case No. ADJ2610658 (BAK 0153868)
Regular
Sep 14, 2012

EUNICE WHELDON vs. GOLDEN EMPIRE TRANSIT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision, finding the applicant's claim barred by the statute of limitations. The applicant, a bus driver, injured her knees in 2005 but did not file a claim until May 2008 and received medical treatment in 2010. Although the employer did not provide the statutory notice of rights, the Board found this was not required as the applicant lost no time from work and initially stated she did not need medical treatment beyond first aid. Therefore, the Board concluded the employer was not estopped from raising the statute of limitations defense.

Workers' Compensation Appeals BoardGolden Empire Transitindustrial injurybilateral kneestemporary disabilityfurther medical treatmentLabor Code section 5401(a)statute of limitationstollingApplication for Adjudication of Claim
References
Case No. ADJ11134083
Regular
Nov 09, 2018

STEVE PAUL DELMAR vs. CONCORDE BATTERY CORPORATION, ALASKA NATIONAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, arguing the applicant's workers' compensation claim was barred by the statute of limitations. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's finding that the defendant failed to prove the applicant knew his disability was industrially caused. Crucially, the Board found no medical evidence or applicant testimony establishing a date of disability, and the applicant's role in managing workers' compensation claims did not equate to knowledge of his own industrial injury. Therefore, the defendant did not meet its burden to establish the date of injury for statute of limitations purposes.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsLabor Code Section 5405Cumulative TraumaDate of InjuryCompensable DisabilityMedical EvidenceBurden of ProofApplicant's Testimony
References
Case No. ADJ6585876, ADJ4285015 (POM 0167573)
Regular
Oct 12, 2015

Vicente Jackson vs. Northrop Grumman Corporation, Insurance Company of the State of Pennsylvania

This case concerns Vicente Jackson's cumulative trauma back injury claim against Northrop Grumman and its insurer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded prior findings, and remanded the case for further development of the record. The primary issues are whether the applicant's claim was timely filed within the statute of limitations and whether his work activities constituted a new cumulative trauma injury. The WCAB found that Dr. Sanders' reports provided substantial medical evidence for a cumulative trauma injury, but the statute of limitations issue requires further factual development regarding the applicant's knowledge of the injury and the timing of medical treatment.

Workers' Compensation Appeals BoardVICENTE JACKSONNORTHROP GRUMMAN CORPORATIONINSURANCE COMPANY OF THE STATE OF PENNSYLVANIACalifornia Insurance Guarantee AssociationCIGAWCJcumulative trauma injurystatute of limitationsLabor Code section 5412
References
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
Case No. ADJ2124454
Regular
Aug 01, 2016

YALILI AUCAR vs. AMERICAN COPAK CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's contention that its lien was improperly dismissed as untimely. The WCAB found the initial Stipulation and Order flawed due to an incomplete record and improper procedural application. The matter is returned to the trial level for a full re-analysis of the statute of limitations for the lien claim and the timely payment of the lien fee. The WCJ must ensure all necessary documentation is present and properly consider evidentiary presumptions and potential tolling of the limitations period.

Lien claimantReconsiderationStipulation and OrderStatute of limitationsLien feeWCJWCABEAMSCompromise and ReleaseLabor Code section 4903.5
References
Case No. ADJ446534 (SBR 0216831)
Regular
Nov 09, 2011

BARBARA ANN HINGTGEN vs. COUNTY OF SAN BERNARDINO

The Appeals Board reconsidered a prior decision regarding the lien claim of Arrowback Medical Group (AMG) against the County of San Bernardino. The Board affirmed its prior ruling that AMG's lien for medical treatment, provided under a 1997 Stipulated Award for future medical care, is not barred by the statute of limitations. This is because the allowance of AMG's expenses is an enforcement of the original Stipulated Award, not a new lien claim subject to the strict filing deadlines of Labor Code section 4903.5(a). The defendant's payments to AMG and the existence of the Stipulated Award distinguished this case from others where the lien statute was applied.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrderLien Statute of LimitationsLabor Code Section 4904(a)Labor Code Section 4903.5Stipulated AwardFuture Medical TreatmentAffirmation of DecisionEmployment Development Department
References
Case No. ADJ9895453
Regular
Aug 21, 2017

SIR WALTERS (Dec'd), AMORN WALTERS (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an earlier award. The WCAB found that the death certificate alone was insufficient substantial medical evidence to establish the cause of the decedent's death, specifically concerning whether it was due to an industrial injury, a blood-borne infectious disease, or MRSA. Therefore, the case was returned to the trial level for further proceedings and development of the record. The issue of the applicable statute of limitations remains deferred pending this further evidence.

Valley FeverCoccidioidomycosisCocci meningitisMRSACorrectional officerDeath benefitsStatute of limitations240-week limitation420-week limitationLabor Code 3212.8
References
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