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

Case No. ADJ10802982
Regular
Feb 28, 2020

John Klimkiewicz vs. Regents of the University of California

The Workers' Compensation Appeals Board granted reconsideration, reversing the administrative law judge's finding that the applicant was employed by "University of California, Irvine." The Board judicially noticed that the Regents of the University of California is the sole legal employer, encompassing all its campuses, including UC Irvine. Consequently, the applicant's civil settlement with the Regents was not with a "third party," and the defendant's petition for a third-party credit was denied. The Board affirmed the finding of no industrial injury to the chest, arms, or sleep disorder.

Workers' Compensation Appeals BoardPetition for ReconsiderationThird Party CreditLabor Code section 3861Labor Code section 3856Regents of the University of CaliforniaUniversity of California IrvineJudicial NoticePermissibly Self-InsuredIndustrial Injury
References
Case No. ADJ2842535
Regular
May 27, 2011

JANE HUTZELL vs. UNIVERSITY OF CALIFORNIA at BERKELEY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration by applicant Jane Hutzell against the University of California at Berkeley. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that vocational experts' opinions did not adequately address the impact of medical apportionment or the specifics of part-time work availability on the overall industrial disability rating. Therefore, the judge's rating, based on established schedules, was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationVocational ExpertsLumbar Spine ConditionCumulative TraumaNon-Industrial FactorsObesityApportionmentBilateral Carpal Tunnel SyndromeBilateral Cubital Tunnel Syndrome
References
Case No. ADJ7673518
Regular
Jun 18, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION/CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The defendant, AO-The University Corporation/California State University Northridge, sought reconsideration of a prior decision finding the applicant sustained an industrial neck injury on January 24, 2011. Defendant argued the applicant's alleged dishonesty under oath invalidated the injury report. However, the Board previously found sufficient additional evidence supported the industrial injury finding, even considering credibility issues. The Board denied the Petition for Reconsideration, reaffirming its prior decision.

Petition for ReconsiderationOpinion and Order Granting Petition for ReconsiderationDecision After Reconsiderationindustrial injuryneck injurylied under oathcredibilitysufficient additional evidenceWorkers' Compensation Appeals BoardAO-The University Corporation
References
Case No. ADJ14723140
Regular
Aug 08, 2025

Phillip Howlett, et al. vs. California Highway Patrol, State Compensation Insurance Fund

Defendant California Highway Patrol sought reconsideration of a 'Findings and Award' which applied a presumption of compensability for cancer, resulting in the applicant's death. Defendant argued it had rebutted the presumption and that applicant's subsequent employer, University of California Police Department, was liable. The Appeals Board granted reconsideration to correct technical errors in the original F&A, rescinding and reissuing it without substantive changes. The Board affirmed that the Labor Code section 3212.1 cancer presumption applied to CHP employment and was not rebutted. It further clarified that the presumption does not extend to the University of California Police Department, and the defendant provided no evidence of causation under traditional analysis for the subsequent employer.

ADJ14723140Phillip HowlettCalifornia Highway Patrollegally uninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and AwardLabor Code Section 3212.1cancerpresumption of compensability
References
Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
Case No. ADJ3705074
Regular
Nov 18, 2015

DIANA BADYRKA vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA SAN DIEGO

This case involves a worker's compensation claim by Diana Badyrka against the Regents of the University of California San Diego for bilateral foot and ankle injuries. The applicant sought reconsideration of the Workers' Compensation Judge's (WCJ) decision regarding apportionment of her permanent disability. The WCJ found that 50% of the applicant's impairment was due to a congenital foot structure, a position supported by medical evaluations from both the Qualified Medical Evaluator and the applicant's treating physician. The WCAB adopted the WCJ's report, denying the petition for reconsideration.

WCABPetition for ReconsiderationdeniedRegents of the University of California San DiegoSedgwick CMSnursebilateral feet and anklesapportionmentpermanent disabilityQualified Medical Evaluator (PQME)
References
Case No. ADJ3332763 (OAK 0340542)
Regular
Mar 27, 2009

AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.

Workers' Compensation Appeals BoardAugustine ScottUniversity of CaliforniaOffice of the PresidentLegally UninsuredSedgwick CMSSenior Data ProcessorProduction CoordinatorIndustrial InjuryHands
References
Case No. ADJ7215395
Regular
Apr 30, 2012

MATTY CAMPOS vs. UNIVERSITY OF SOUTHERN CALIFORNIA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration of a prior decision. This action was taken due to statutory time constraints and the need for a more thorough review of the factual and legal issues. The WCAB requires further study of the record to ensure a just and reasoned decision. All future filings are to be submitted in writing directly to the WCAB Commissioners' office.

Matty CamposUniversity of Southern CaliforniaSedgwick Claims Management ServicesADJ7215395Petition for ReconsiderationWorkers' Compensation Appeals BoardReconsideration GrantedDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System
References
Case No. ADJ17068636
Regular
May 19, 2025

KATHLEEN ZEPEDA vs. CALIFORNIA BAPTIST UNIVERSITY, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

Applicant Kathleen Zepeda claimed injury to her abdomen, back, and lower extremities while employed by California Baptist University. Lien claimant Medland Medical Group and defendant California Baptist University both sought reconsideration of a February 19, 2025 Findings and Award (F&A). The F&A entitled Medland Medical Group to payment for medical-legal costs related to an April 26, 2023 report but did not find an injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, granted the lien claimant's petition for reconsideration, and affirmed the F&A with an amendment to explicitly state that the lien claimant failed to meet its burden of establishing injury AOE/COE.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardMedical-Legal ReportPrimary Treating PhysicianInjury AOE/COESubstantial EvidenceContested ClaimMedical Treatment Costs
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
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