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

Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ8148545, ADJ8147711
Regular
Feb 05, 2014

LAZARO GUERRERO vs. UNITED PLUMBING SERVICE INC., BERKLEY SPECIALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien for failure to pay the lien activation fee. This dismissal was rescinded because a federal court injunction prohibited the enforcement of the lien activation fee provisions of Labor Code section 4903.06. The case is returned to the WCJ for further proceedings, including consideration of the defendant's request for attorney's fees.

Petition for ReconsiderationLien Activation FeeLabor Code section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerWCJ Order RescindedLien ClaimantWorkers' Compensation Appeals BoardFurther ProceedingsAttorney's Fees
References
Case No. ADJ7172643; ADJ7172641
Regular
Apr 02, 2012

JUSTIN MILLER vs. PF CHANGS CHINA BISTRO, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant whose workers' compensation claims were dismissed by the WCJ for lack of activity and prosecution. The applicant sought reconsideration, arguing due process violations and non-compliance with dismissal procedures. The Appeals Board denied the petition, finding the applicant's objections vague and lacking specific reasons for the lack of prosecution despite ample opportunity. A dissenting opinion argued that the dismissal constituted an abuse of discretion as the applicant had indicated an intention to prosecute the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationJoint Order Dismissing Applicationswithout prejudicePetition for Dismissallack of activity and prosecutionNotice of Intent to Dismiss Applicationsobjections overruleddue process rights violatedCalifornia Code of Regulations title 8 section 10582
References
Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ8321113
Regular
Sep 20, 2013

DANIEL YOUNG vs. COUNTY OF BUTTE, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and found that applicant Daniel Young did not sustain a compensable industrial injury. The WCAB determined that Young's injury, sustained during off-duty jumping jacks at home, was a result of voluntary participation in an athletic activity not reasonably expected or required by his employment as a correctional sergeant. This decision relied on Labor Code section 3600(a)(9) and precedent established in *City of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)*, which held that a general expectation of maintaining physical fitness is insufficient for compensability. Therefore, Young's claim was denied as non-compensable.

Labor Code section 3600(a)(9)Ezzy testoff-duty recreational activityvoluntary participationreasonable expectancy of employmentcorrectional sergeantstrenuous physical contactsfitness testJenneiahnWilson
References
Case No. ADJ8026721
Regular
Apr 04, 2013

RADU VASELISCU vs. DAYCOM, INC.; TRAVELERS

This case involves a claim for workers' compensation where the applicant was injured playing golf on a Saturday. The defendant argues the injury is not work-related, as golf was a voluntary activity. However, the Workers' Compensation Judge found the applicant's participation was subjectively and objectively reasonable given the employer's expectation to promote company morale and the fact the applicant also performed work duties that day. Therefore, the Judge recommended denial of the defendant's petition for reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COEMandatory golf eventCompany moraleOff-duty recreational activityEzzy testSubjective beliefObjective reasonablenessEmployer-paid expenses
References
Case No. ADJ278138 (SBR 0342170)
Regular
May 18, 2009

YVETTE CASAREZ vs. DAVITA, INC., NEW HAMPSHIRE INSURANCE COMPANY, BROADSPIRE

This case involves an employee injured in a car accident while traveling to purchase food and gifts for an upcoming office holiday party. The employer, Davita, Inc., argued the injury was not work-related as the party was not employer-scheduled. However, the Workers' Compensation Appeals Board upheld the judge's decision, finding the employee's actions were for the employer's benefit. The Board reasoned that Davita encouraged such social events for team building, making the employee's preparation activities part of her employment. Therefore, her injuries sustained during this travel were deemed compensable.

Workers' Compensation Appeals BoardDavita Inc.New Hampshire Insurance CompanyYvette CasarezIndustrial CausationCourse of EmploymentTeam Building ActivitiesPotluckGift ExchangeSpecial Mission Doctrine
References
Case No. ADJ10351910
Regular
Aug 09, 2017

SELENA MCINTOSH vs. MILITARY DEPARTMENT OF THE STATE OF CALIFORNIA, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns whether a California Army National Guard member injured during "active duty for training" under federal Title 10 is eligible for California workers' compensation benefits. The Board found that California Military and Veterans Code Section 340(b) expressly prohibits state workers' compensation benefits for service performed under Title 10. Therefore, the applicant cannot collect benefits under Division 4 of the Labor Code. While the applicant's VA benefits were denied, her recourse was to appeal that denial, not to pursue state workers' compensation.

Military Departmentlegally uninsuredState Compensation Insurance FundTitle 10Labor Code Division 4Petition for ReconsiderationFindings of FactWCJpsyche injurysexual assault
References
Case No. ADJ6655023
Regular
Jan 16, 2014

MARIA DIAZ vs. ACTIVE WINDOW PRODUCTS, INSURANCE COMPANY OF THE WEST/EXPLORER

This case involves a lien claim by Safety Works, Inc. that was dismissed by the workers' compensation judge for failure to pay a lien activation fee. The Appeals Board granted reconsideration due to a federal court preliminary injunction that enjoined the enforcement of these fee provisions. Consequently, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Lien activation feeRescinded orderReconsiderationWorkers' Compensation Appeals BoardSafety WorksInc.Preliminary injunctionAngelotti Chiropractic v. BakerSection 4903.06WCJ
References
Case No. ADJ8229800
Regular
Oct 08, 2013

JULIO LOPEZ vs. TJS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied Bodner Chiropractic's Petition for Reconsideration, upholding the dismissal of its lien claim for failure to pay the required activation fee. Bodner's assertion that it couldn't locate the lien or pay the fee prior to the conference was insufficient to excuse the non-payment. While the Board found no clear proof the petition was untimely, the core reason for denial remains the lien claimant's failure to meet the activation fee payment deadline. The decision reiterates that lien activation fees must be paid before a lien conference commences.

Lien activation feeElectronic Adjudication Management System (EAMS)Petition for ReconsiderationWorkers' Compensation Appeals Board (WCAB)Lien claimantWorkers' Compensation Administrative Law Judge (WCJ)Dismissing Lien ClaimLabor Code section 4903.06Figueroa v. B.C. Doering Co.Compromise and Release
References
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