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

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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. 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. ADJ11183246
Regular
Aug 19, 2019

RAY MASBAD vs. FOLSOM STATE PRISON, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration in this case. The applicant successfully proved an industrial psychiatric injury, and the defendant failed to demonstrate it was caused by lawful, good faith personnel actions. Since the applicant did not challenge the judge's findings, the Board affirmed the compensability of the injury. Consequently, the petition for reconsideration was dismissed.

Petition for ReconsiderationIndustrial InjuryPsycheLawful Personnel ActionsGood Faith Personnel ActionsDiscriminatory Personnel ActionsCompensable InjuryWCJ OpinionLegally Correct FindingsAggrieved Applicant
References
Case No. ADJ2066669
Regular
May 14, 2012

ANDREW SILVA vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and held that lien claimants failed to prove the applicant sustained an industrial injury. The Board found that because the applicant did not testify at the lien trial, and the defendant's witnesses contradicted his deposition testimony, the claimants did not meet their burden of proof. This decision overturned a prior finding that the applicant sustained injury and was refused medical care prior to his termination.

Workers' Compensation Appeals BoardSupplemental Findings and AwardPetition for ReconsiderationLien TrialIndustrial InjuryCervical SpineLeft ShoulderRight WristClaim FormMedical Treatment
References
Case No. ADJ9217154
Regular
May 25, 2016

Dave Tamplen vs. State of California Department of Corrections

This case involves a State Corrections Officer who claimed psychological and cardiac injury due to cumulative work stress. The defendant employer argued for dismissal due to the applicant's failure to appear at trial, claiming a due process violation and lack of necessary foundational evidence for medical reports. However, the Appeals Board affirmed the original findings, holding that the employer's failure to comply with discovery rules and subpoena the applicant precluded their due process argument. The Board also found substantial medical evidence, including Agreed Medical Evaluator reports and the applicant's deposition, supported the injury findings, the cumulative injury period, and rejected the employer's defense that the injury was substantially caused by a good faith personnel action.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCorrections OfficerCorrections CounselorPsycheHeart InjuryCirculatory SystemCumulative InjuryStatute of Limitations
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. SAC 0350983
Regular
Jan 18, 2008

MICHAEL A. ADAIR vs. STATE OF CALIFORNIA CDCR-FOLSOM, STATE COMPENSATION INSURANCE FUND

This case involves a correctional officer's claim for psychological injury stemming from workplace incidents. The defendant contested the finding of injury, arguing specific events were good-faith actions by supervisors. The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's finding that the incidents were not lawful, nondiscriminatory, good-faith actions. The Board gave great weight to the judge's credibility determination regarding the applicant's testimony and the inadequacy of investigations.

Workers' Compensation Appeals BoardReconsideration DeniedPsychiatric InjuryCorrectional OfficerDepartment of Corrections and RehabilitationFolsom PrisonState Compensation Insurance FundLabor Code Section 3208.3Good Faith Personal ActionsSkelley Hearing
References
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ9137221; ADJ9590905
Regular
Nov 13, 2015

Robert Rodriguez vs. State of California, Department of Corrections & Rehabilitation, Pelican Bay State Prison, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) rescinded the previous Findings and Order and returned the case for further proceedings. The WCAB found that the original ruling erroneously barred claims for the applicant's left shoulder, knees, and feet due to the statute of limitations. Applicant's contention that the employer failed to provide claim forms and notice, which could toll the statute, requires further examination. The WCAB also ordered a review of the applicant's right shoulder, hand, and thumb injury claim.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsTollingDate of InjuryMedical TreatmentApportionmentClaim FormNotice of RightsDepartment of Corrections and Rehabilitation
References
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