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

Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
Case No. ADJ6647815, ADJ6426800, ADJ6673816
Regular
Nov 25, 2013

LUIS BANUELOS vs. ACORN ENGINEERING COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration to review the finding of industrial injury (stroke) by the WCJ, as defendants argued it lacked sufficient explanation. While the WCJ's initial decision was inadequately explained, medical evidence and the applicant's credible perception of work-related stress supported the finding of a stroke. The Board affirmed the finding of industrial injury as a stroke, but deferred all other issues, including the nature and dates of injury, for the WCJ to address with proper explanation. The defendant's reliance on psychiatric injury standards was misplaced, as physical injury from stress has different evidentiary requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial injurystrokecumulative injuryspecific injurydate of injuryindustrial causationsubjective perception
References
Case No. ADJ10774716
Regular
Feb 10, 2023

REBECCA MILLS vs. STATE COMPENSATION INSURANCE FUND, AIMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the applicant's stroke and psychiatric injury were not work-related, but the Board adopted the Workers' Compensation Judge's findings. The Judge relied on medical evidence, including reports from the applicant's primary care physician and a psychiatric QME, concluding that workplace stress was a contributing factor to the applicant's stroke and subsequent psychiatric injury. The defense's arguments regarding the internal medicine PQME's findings were found to be inconsistent with his own deposition testimony concerning the plausibility of work stress causing the stroke.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionStrokePsychiatric InjuryCumulative TraumaClaims AdjusterCardiac Vascular AccidentWork StressCausation
References
Case No. AD J8835024 AD J8996815
Regular
Jun 14, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found that the applicant, a deputy sheriff, did not sustain industrial injury from a stroke. While Labor Code section 3212.5 creates a presumption of industrial causation for heart trouble in peace officers, the applicant failed to establish, based on a qualified medical evaluator's opinions, that her stroke was caused by heart trouble or that she suffered from any heart trouble. The expert consistently found no evidence of heart trouble contributing to the stroke and opined that an intracranial thrombosis was the probable cause. Therefore, the presumption under section 3212.5 was not applicable as the applicant did not meet the threshold requirement of showing heart trouble.

Workers' Compensation Appeals BoardDeputy SheriffStrokeHeart PresumptionLabor Code Section 3212.5Occupational CausationMedical ProbabilityPanel Qualified Medical EvaluatorCardiologistIn Situ Thrombosis
References
Case No. ADJ8835024 ADJ8996815
Regular
Sep 05, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed its prior decision that the applicant did not sustain industrial injury to her heart or brain in the form of a stroke. The applicant failed to meet the burden of proof that "heart trouble" medically contributed to her stroke. Furthermore, the Board found no newly discovered evidence, including a civil judgment and expert testimony, that warranted overturning its decision.

Heart troublestrokedeputy sheriffheart presumption statutesLabor Code section 3212.5industrial injurymedical probabilitycollateral estoppelres judicatanewly discovered evidence
References
Case No. ADJ9260950
Regular
Oct 23, 2015

DAVE EHRLICH vs. INGLEWOOD UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding an applicant's stroke non-industrial. The WCAB found that the primary medical evaluator's analysis was insufficient because it focused only on whether specific employment events caused the stroke, rather than whether employment contributed to underlying conditions. The WCAB noted a duty to develop the record when medical evidence is incomplete or insufficient. Therefore, the case is returned to the trial level for further development of the record and a new decision.

Petition for ReconsiderationQualified Medical EvaluatorIndustrial InjuryMedical NexusDevelopment of RecordSubstantial EvidenceHypertensionCardiac ArrhythmiaStrokeNon-industrial Causation
References
Case No. ADJ11339054, ADJ10362180
Regular
Mar 20, 2023

DONALD TERRY vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration. The Board affirmed the Administrative Law Judge's (ALJ) award finding industrial injury to the applicant's head, brain, heart, and stroke, in addition to previously stipulated knee injuries. This decision was based on the fact that the original stipulation expressly left the head, brain, heart, and stroke claims open for further litigation. Medical evidence supported these additional injuries as a compensable consequence of the initial knee injury.

WCABPetition for ReconsiderationFindings and Awardadministrative law judgeindustrial injurycumulative traumapermanent disabilityapportionmentfurther medical treatmentstipulated award
References
Case No. ADJ10186320
Regular
Feb 19, 2019

ELEUTERIO POLINA, vs. RALPHS GROCERY STORE

The Workers' Compensation Appeals Board denied Ralphs Grocery Store's petition for reconsideration. Defendant argued the administrative law judge erred in finding hypertension and stroke industrially caused. The Board affirmed the judge's decision, relying on the qualified medical evaluator's opinion that work stress and night shift work were contributing factors to the applicant's hypertension, which in turn led to the stroke. The Board emphasized that industrial factors only need to be a contributing cause for an injury to be compensable, and the location of symptom onset is irrelevant if the exposure occurred during employment.

HypertensionStrokeWork StressNight ShiftCumulative InjuryMedical CausationQualified Medical EvaluatorCardiologistCircadian RhythmCatecholamine
References
Case No. ADJ8835024, ADJ8996815
Regular
Jun 26, 2017

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) is remanding this case for further proceedings. Initially, the WCAB reversed a judge's finding of industrial injury for a stroke under the heart presumption statute. However, the WCAB acknowledges its prior decision was incomplete as it failed to consider if the applicant could establish industrial injury outside the heart presumption, potentially requiring further medical evaluation. The WCAB also notes that a related civil case finding job stress caused the stroke is now final, raising the issue of collateral estoppel. Therefore, the case is returned to the trial level to determine if collateral estoppel applies or if further development of the record is needed to establish an industrial injury independent of the heart presumption.

Workers' Compensation Appeals BoardRemittiturHeart PresumptionStrokeIndustrial InjuryNewly Discovered EvidenceCollateral EstoppelLabor Code Section 3212.5Sheriff's OfficerNeuroloigical Evaluation
References
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