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

Case No. ADJ2112759 (ANA 0406243)
Regular
Feb 22, 2009

Matt Todd vs. INTERNATIONAL TRANSPORTATION SERVICES, THE HARTFORD

The Workers' Compensation Appeals Board reversed a finding that applicant Matt Todd sustained an industrial injury during his commute. The Board determined that Todd's motorcycle accident en route from the Union Hall to the employer's premises was barred by the "going and coming" rule. Todd failed to establish that the trip was an extraordinary mission or that the commute involved a special risk distinct from the general public. Furthermore, the Board found insufficient evidence that the Union Hall acted as the employer's agent in dispatching Todd.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryMotorcycle AccidentCommuteUnion HallCasual LaborerGoing and Coming RuleSpecial Mission DoctrineSpecial Risk Exception
References
Case No. ADJ8083715
Regular
Sep 15, 2025

KAREN WHISNANT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether apportionment applies when calculating the subsequent permanent disability threshold for SIBTF benefits. Applicant Karen Whisnant's eligibility for SIBTF benefits hinged on this interpretation, with the WCJ initially finding her eligible based on a 42% disability without apportionment. The Board affirmed the WCJ's April 5, 2022 Findings of Fact but clarified that apportionment is not considered when determining the 5% or 35% SIBTF eligibility threshold, citing precedents like Bookout v. Workers' Comp. Appeals Bd. Consequently, the Board's decision ensures that the applicant's subsequent injury rating of 42% (unapportioned) qualifies her for benefits.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilityapportionmentLabor Code section 4751eligibility thresholdWCJreconsiderationFindings of FactBookout
References
Case No. ADJ10499724
Regular
Mar 07, 2025

Victoria Lee vs. Subsequent Injuries Benefits Trust Fund

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a December 4, 2024 Findings and Order, arguing that the WCJ incorrectly failed to apportion the industrial injury to preexisting disability when determining if Victoria Lee met the 35% permanent disability eligibility threshold for SIBTF benefits. The Appeals Board denied the petition, adopting the WCJ's Report and Recommendation. The Board reiterated that, based on prior case law, including Bookout v. Workers' Comp. Appeals Bd. and subsequent panel decisions, apportionment is excluded when calculating whether an applicant meets the 35% threshold for SIBTF benefits under Labor Code Section 4751.

Subsequent Injuries Benefits Trust FundReconsiderationPermanent DisabilityApportionmentThresholdLabor Code Section 4751BookoutToddAnguianoHeigh
References
Case No. ADJ218106 (VNO 0430348)
Regular
Mar 09, 2009

TODD RIGIONE vs. CINECOM COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves applicant Todd Rigione's petition for reconsideration or removal. Rigione alleged fraud or mistake in a prior order taking the matter off calendar and awarding $200 for out-of-pocket expenses. The Appeals Board dismissed the Petition for Reconsideration because the prior order was an interlocutory procedural one, not a final determination of substantive rights. The Board also denied removal, finding no evidence of substantial prejudice or irreparable harm to the applicant.

WCABRigioneCinecom CompanyState Compensation Insurance FundADJ218106Petition for ReconsiderationRemovalOff calendarJoint requestOut-of-pocket expenses
References
Case No. ADJ1643754 (MON 0361449) ADJ3700904 (MON 0361450)
Regular
Jan 11, 2011

OLGA APPONI vs. BOSCH REXWORTH CORPORATION, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, specifically concerning evidence admissibility. The Board intends to exclude a report from Dr. McGilvra, finding it was not timely disclosed or in existence before the mandatory settlement conference. Conversely, the Board intends to admit reports from Dr. Mays, applicant's treating physician, despite a technical issue with disclosure. This evidentiary ruling will impact the determination of the applicant's claimed specific injury on November 8, 2007, and her cumulative injury claim.

Workers' Compensation Appeals BoardOlga ApponiBosch Rexworth CorporationSt. Paul Travelers InsuranceSupplemental Findings and Orderspecific injurycumulative injuryPetition for ReconsiderationReport on ReconsiderationLabor Code section 5502(e)(3)
References
Case No. ADJ8914954
Regular
Mar 26, 2015

JUAN CASTRO vs. CONTAINER SUPPLY CO.

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) findings. The ALJ's decision was based on the treating physician's detailed reports and the applicant's credible testimony regarding his persistent limp and use of a cane. The Board gave great weight to the ALJ's credibility determination, noting that a single physician's opinion can constitute substantial evidence. The employer had argued the ALJ erred by relying on the treating physician's opinion over the Panel QME's report.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationsubstantial evidencemedical opinionsPanel QMEtreating physicianpermanent disabilityleft ankle injury
References
Case No. ADJ7186626 ADJ7186634
Regular
Dec 02, 2013

JAMES WILLIAMS vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board clarified that an employee's signed waiver of participation in a recreational activity does not preclude a finding of compensability if the activity was sanctioned by the employer or expected as part of employment. In this case, the basketball game was neither sanctioned nor expected by the employer. Therefore, the applicant's injury sustained during the game is not compensable under Labor Code section 3600(a)(9).

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3600(a)(9)sanctioned activitywaiveremployment expectationcompensabilityCity of Stockton v. Workers' Comp. Appeals Bd.Tensfeldt v. Workers' Comp. Appeals Bd.Taylor v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7730915
Regular
Sep 18, 2015

TODD PALOMBO vs. CITY OF COSTA MESA

This case involves a firefighter claiming industrial heart injury under Labor Code § 3212, which presumes such injuries are work-related unless rebutted. The defense argued pre-existing conditions and lifestyle choices caused the applicant's cardiac arrhythmia. However, the medical expert did not definitively state non-work-related factors were the *sole* cause of the heart trouble, failing to overcome the statutory presumption. Therefore, the Workers' Compensation Appeals Board affirmed the finding of industrial injury.

Labor Code section 3212firefighterheart troublepresumptionindustrial injurycirculatory systemcumulative periodPetition for ReconsiderationWCJagreed medical evaluator
References
Case No. ADJ7882559
Regular
Dec 16, 2020

JOHN WADE vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board rescinded a previous award and remanded the case for further proceedings concerning the applicant's cumulative trauma injury. The primary issues involve how prior and subsequent disabilities should be combined for SIBTF benefits and whether SIBTF is entitled to a credit against the applicant's disability pension. The Board requires further development of the record to determine the extent of overlapping disabilities and the basis for the applicant's pension. The issue of permanent total disability is deferred pending these further proceedings.

Subsequent Injuries Benefits Trust FundLabor Code section 4751cumulative trauma injurytemporary disabilitypermanent disabilitycombined values chartBookout v. WCABcreditdisability pensionsection 4753
References
Case No. ADJ2112759
Regular
Oct 31, 2008

MATT TODD vs. INTERNATIONAL TRANSPORTATION SERVICES, THE HARTFORD

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision. Reconsideration was granted to allow the Board further time to thoroughly review the factual and legal issues of the case. The Board will issue a further decision after this review.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesFurther ProceedingsDecision After ReconsiderationReconsideration UnitInternational Transportation ServicesThe Hartford
References
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