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Case Law Database

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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. ADJ2901317 (FRE0226671)
Regular
May 02, 2011

Connie Mehia vs. CITY OF FRESNO C/O AMERICAN ALL RISK LOSS ADMINISTRATORS (AARLA)

The applicant sought workers' compensation benefits for a stroke, claiming it arose out of and in the course of employment due to workplace stress. The Administrative Law Judge (WCJ) denied the claim, finding no credible evidence that a workplace incident caused the stroke. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, concluding that the applicant failed to prove the crucial element of a work-related precipitating event. Both QMEs opined the stroke could be industrially related, but their opinions relied on the applicant's account of a specific workplace argument that the WCJ found unsubstantiated.

AOE/COEindustrial strokeworkers' compensationreconsiderationcausationpre-existing conditionQualified Medical Examinercredibilitysubstantial evidencework-related stress
References
Case No. ADJ1088185 (SAC 0369416)
Regular
May 25, 2012

DEBORAH COIL vs. CITY OF RANCHO CORDOVA

The Workers' Compensation Appeals Board (WCAB) dismissed Deborah Coil's petition for reconsideration because the WCJ's order was procedural, not a final determination of substantive rights. The WCAB reasoned that Coil's contentions about the PQME's familiarity with the AMA Guides were misplaced as those guides are not relevant to psychiatric impairment ratings. Therefore, the WCAB denied removal and dismissed the petition, allowing the PQME another opportunity to re-evaluate the applicant without her husband present. A concurring and dissenting opinion argued for removal, citing the PQME's repeated inability to produce substantial medical evidence.

Panel Qualified Medical EvaluatorPQMEPetition for ReconsiderationRemovalLabor Code Section 5900Labor Code Section 5310Final OrderSubstantial Medical EvidenceAMA GuidesAlmaraz/Guzman
References
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
Case No. ADJ3147799 (RIV 0080159)
Regular
Aug 19, 2010

PETER TORCELLINI vs. SATURN ELECTRIC INC.

The Workers' Compensation Appeals Board denied Saturn Electric's petition for reconsideration, affirming the finding that Peter Torcellini sustained an injury arising out of and occurring in the course of his employment. The Board found that the Qualified Medical Evaluator's opinion constituted substantial medical evidence supporting the conclusion that a work-related stressor, even if subjectively experienced by the applicant, triggered the plaque rupture causing his cardiac arrest. The Board reasoned that the applicant's testimony about finding the work stressful and the medical opinion linking the rupture to an immediate stress response provided a reasonable basis for the finding. Defendant failed to provide evidence to contradict this medical opinion.

Workers' Compensation Appeals BoardReconsideration DeniedFinding of FactSaturn Electric Inc.Peter TorcelliniCirculatory System InjuryHeart AttackHypoxic Brain InjuryUnderground Utility TechIndustrial Causation
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ7974950, ADJ7974928, ADJ7974770, ADJ7972939
Regular
Mar 17, 2014

FERNANDO ROMAN vs. CALVARY CEMETERY, permissibly self-insured, administered by YORK INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed against a non-final interlocutory order. The WCJ's order compelling the defendant to provide witness contact information did not determine any substantive rights or liabilities. The WCAB also indicated that even if treated as a petition for removal, it would have been denied. The Board noted that while former employees have privacy interests, the requested discovery might be relevant to the applicant's claims of work-related stress and drug use.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory DecisionDiscoveryWitness Contact InformationPrivacy InterestJob Related StressDrug Use AllegationsDecomposition
References
Case No. ADJ10259332
Regular
Oct 16, 2017

Elias Rojas vs. E.J. Harrison & Sons, Inc., Old Republic Insurance, Gallagher Bassett Services

The Workers' Compensation Appeals Board granted reconsideration to amend a finding regarding the applicant's temporary disability period. The applicant sustained a cumulative trauma injury, but the defendant contested the Employment Development Department's (EDD) reimbursement claim, arguing no industrial temporary total disability existed. Ultimately, the Board affirmed the WCJ's decision, finding the applicant's orthopedic pain caused stress-related issues that led to temporary disability, entitling EDD to reimbursement for benefits paid. The Board corrected the specific dates of temporary disability in the original order.

Workers' Compensation Appeals BoardPetition for ReconsiderationEmployment Development DepartmentReimbursementUnemployment Compensation Disability BenefitsCumulative Trauma InjuryPermanent and Stationary StatusQualified Medical EvaluatorOrthopedicsTemporary Disability
References
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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