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

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. 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. 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. 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. ADJ8611839
Regular
Sep 07, 2016

NATALIE CLAYTON vs. STATE OF CALIFORNIA, CDCR PAROLE & COMMUNITY SERVICES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case addresses a claim for industrial colon cancer and hypertension. The Appeals Board denied the Department of Justice's petition for reconsideration, finding their arguments regarding latency periods were unsupported. However, the Board granted the CDCR's petition, overturning the prior finding of industrial causation for colon cancer against the CDCR. This was based on the conclusion that the applicant did not meet her burden of proof for CDCR employment absent the statutory presumption.

Labor Code 3212.1cumulative traumacolon cancerhypertensionpolice officerspecial agentparole officerSan Diego Police DepartmentDepartment of JusticeDepartment of Corrections and Rehabilitation
References
Case No. ADJ2522709 (LBO 0369555)
Regular
Sep 08, 2014

CHARLES FUNKE vs. CITY OF GARDENA, CORVEL

The Workers' Compensation Appeals Board rescinded an award of temporary disability benefits to a retired police detective, Charles Funke. The Board found that while Labor Code section 4853 did not preclude benefits due to his service retirement, the key issue was whether Funke voluntarily withdrew from the labor market. Since evidence regarding his intent to continue working after retirement was insufficient, the case was returned to the trial level for further factual development.

Workers' Compensation Appeals BoardCity of GardenaCorvelCharles FunkeADJ2522709Opinion and Decision After ReconsiderationFirst Amended Findings and Awardtemporary disabilitycumulative traumalower extremities
References
Case No. ADJ4698250 (VNO 0548180); ADJ4211582 (VNO 0515892); ADJ4128894 (VNO 0447635); ADJ2306485 (VNO 0478103); ADJ2205033 (VNO 0451108); ADJ1950745 (VNO 0478101); ADJ1901291 (VNO 0478102); ADJ7914357
Regular
Oct 08, 2025

Robert Brown vs. California Department of Transportation, State Compensation Insurance Fund

The applicant, Robert Brown, sustained various injuries while working for the California Department of Transportation. The Workers' Compensation Appeals Board granted reconsideration after the defendant, California Department of Transportation, challenged a prior decision that found the applicant permanently totally disabled. During reconsideration, the parties settled the case with a Compromise and Release. Consequently, the Appeals Board rescinded the earlier findings and orders and returned the matter to the trial level for the WCJ to review and approve the settlement agreement.

Workers' Compensation Appeals BoardCalifornia Department of TransportationLegally UninsuredState Compensation Insurance FundJoint Findings Award and OrdersWorkers' Compensation Administrative Law Judgepermanent total disabilityCompromise and Releaserescindedreturned to trial level
References
Case No. AHM 70712
Significant

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, and Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinds its 2002 decision and reinstates its 2001 decision, affirming that the California Insurance Guarantee Association (CIGA) is not obligated to pay the lien claim of the Employment Development Department (EDD).

RemittiturEn BancEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimState of Californiarescindedreinstated
References
Case No. AHM 70712
Significant
Jul 15, 2002

Jeannie Karaiskos vs. Metagenics, Inc.; California Compensation Insurance Co., In Liquidation; California Insurance Guarantee Association; and Risk Enterprise Management Ltd. (Servicing Facility)

The Board held that liens for Unemployment Compensation Disability (UCD) benefits filed by the Employment Development Department (EDD) are 'covered claims' for which the California Insurance Guarantee Association (CIGA) is liable, as they constitute obligations to the injured worker rather than to the state.

California Compensation Insurance Co.California Insurance Guarantee AssociationCIGAEDD lienUnemployment Compensation Disability (UCD) benefitscovered claimsinsolvent insurerworkers' compensation lawlien trialreconsideration
References
Case No. GRO 0021432
Regular
Apr 28, 2008

Theodore Maiso vs. State of California, Department of Mental Health, State Compensation Insurance Fund, State Contract Services

This case involves a petition for reconsideration by applicant Theodore Maiso against the State of California, Department of Mental Health. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report and reasoning. The Board also corrected a technicality by ordering the substitution of "State of California, Division of Workers' Compensation, Workers' Compensation Appeals Board" in place of "State of California, Division of Workers' Compensation" in the WCJ's decision headings to accurately reflect the judicial authority.

WORKERS' COMPENSATION APPEALS BOARDTheodore MaisoState of California Department of Mental HealthLegally UninsuredState Compensation Insurance FundAdjusting AgencyOrder Denying ReconsiderationWorkers' Compensation Administrative Law JudgeJudicial AuthorityOriginal Jurisdiction
References
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