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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
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. 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. ADJ925875 (SFO 0493559) ADJ324063 (SFO 0494762)
Regular
Oct 29, 2009

TIRSA ZULETA vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, TRISTAR

The Petition for Removal is denied based on the review of the record and the administrative law judge's report.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR REMOVALDENIEDSAN FRANCISCO UNIFIED SCHOOL DISTRICTTRISTARADMINISTRATIVE LAW JUDGEADJ925875ADJ324063SFO 0493559SFO 0494762
References
Case No. ADJ1378438 (SFO 0473342) ADJ583377 (SFO 0473348) ADJ565698 (SFO 0473345) ADJ1607507 (SFO 0473346) ADJ3222336 (SFO 0498751)
Regular
Jun 24, 2009

ELENA MATEU vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior WCJ decision in this case. The matter has been returned to the trial level for further proceedings and a new decision by the WCJ. The WCJ is instructed to consider the application of the legal precedent set in *Weiner v. Ralphs Company*. This is not a final decision on the merits, and parties retain all rights to further appeals.

MateuUniversity of California San Franciscolawfully uninsuredADJ1378438ADJ583377ADJ565698ADJ1607507ADJ3222336Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ10789547
Regular
Mar 24, 2025

CLAYTON BELLINGER vs. SAN FRANCISCO GIANTS, et al.

The Workers' Compensation Appeals Board granted reconsideration in the case of Clayton Bellinger against San Francisco Giants. The case concerns a cumulative trauma claim and the applicability of Labor Code section 3600.5 subdivisions (c) and (d) regarding jurisdiction over professional athletes' claims. The Board rescinded the prior Findings and Order, concluding that Bellinger's claim would be barred unless he could establish a California hire. The matter was returned to the WCJ for further development of the record on this critical issue.

Labor Code section 3600.5cumulative traumaprofessional athleteSan Francisco GiantsCalifornia hiresubject-matter jurisdictionregular employmentoccupational diseaseduty dayscontract of hire
References
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
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. ADJ8552834
Regular
Aug 24, 2015

JOHN SKORUPAN vs. NEW YORK GIANTS, ACE USA INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify its jurisdiction over applicant John Skorupan's cumulative industrial injury claim against the New York Giants. The WCAB affirmed the administrative law judge's (ALJ) finding that while the WCAB has personal jurisdiction, California lacks a legitimate and substantial interest to exercise jurisdiction over the claim, citing the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* precedent. This decision hinges on the applicant's minimal California contacts (5 games out of 141 played) not establishing a sufficient connection for due process. Commissioner Sweeney dissented, arguing that the applicant's more than de minimis exposure in California and the state's public policy of protecting injured workers should support jurisdiction.

Workers' Compensation Appeals Boardcumulative industrial injuryprofessional athleteoutside linebackerspecial teamsFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)de minimis California contactsconstitutional due processPetition for ReconsiderationWCJ
References
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