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

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. ADJ1688022 (VNO 0558018)
Regular
May 03, 2010

RONALD TORRES vs. FOREVER 21, FEDERAL INSURANCE COMPANY, CHUBB GROUP OF INSURANCE COMPANIES

This case involves a worker injured playing soccer off-duty on company property. The employer argued the injury was not compensable under Labor Code section 3600(a)(9) as it was voluntary recreational activity. The Board reversed the initial finding, holding that the worker's voluntary participation in the soccer game, which was not required by or a reasonable expectancy of employment, fell outside the scope of workers' compensation coverage. Therefore, the applicant's claim for benefits for his shoulder injury was denied.

Labor Code section 3600(a)(9)Ezzy v. Workers' Comp. Appeals Bd.off-duty recreational activityvoluntary participationreasonable expectancy of employmentexpressly or impliedly requiredsoccer game injuryindustrial injuryleft shouldercompensable injury
References
Case No. ADJ8321113
Regular
Sep 20, 2013

DANIEL YOUNG vs. COUNTY OF BUTTE, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and found that applicant Daniel Young did not sustain a compensable industrial injury. The WCAB determined that Young's injury, sustained during off-duty jumping jacks at home, was a result of voluntary participation in an athletic activity not reasonably expected or required by his employment as a correctional sergeant. This decision relied on Labor Code section 3600(a)(9) and precedent established in *City of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)*, which held that a general expectation of maintaining physical fitness is insufficient for compensability. Therefore, Young's claim was denied as non-compensable.

Labor Code section 3600(a)(9)Ezzy testoff-duty recreational activityvoluntary participationreasonable expectancy of employmentcorrectional sergeantstrenuous physical contactsfitness testJenneiahnWilson
References
Case No. ADJ4225434 (LAO0864755)
Regular
Dec 10, 2008

CHING YEN vs. C & C INTERNATIONAL GROUP, STATE COMPENSATION INSURANCE FUND

This case involves an applicant injured in a car accident while traveling to a wedding with her employer. The applicant claimed her participation in the trip was a reasonable expectancy of her employment as an account assistant, which involved driving and travel. The Board denied reconsideration of the workers' compensation judge's finding that the injury was industrial, determining the applicant's subjective belief of being required to attend the trip was objectively reasonable given her job duties and her employer's direction.

Workers' Compensation Appeals BoardIndustrial InjuryReasonable ExpectancyOff-duty recreational activitySubjective beliefObjectively reasonableMotor vehicle accidentAccount assistantCommercial travelSpecial mission
References
Case No. ADJ6884625
Regular
Jun 19, 2012

JASON PETERSON, KIRSTIE MCCRAINE-PETERSON vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case concerns the death of Jason Peterson, a correctional officer, from a pulmonary embolism after injuring his calf in a kickboxing class. The applicant, his widow, claimed the injury and death were work-related, arguing the kickboxing class was a reasonable expectancy of employment due to a general fitness requirement and incentive program. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, finding the claim barred by Labor Code Section 3600(a)(9) because the decedent's belief that kickboxing was required was not objectively reasonable, as mere general assertions of fitness expectations are insufficient. Commissioner Brass dissented, believing the decedent's participation was both subjectively and objectively reasonable given its likely benefit to his job performance as a correctional officer.

Labor Code Section 3600(a)(9)Pulmonary EmbolismCorrectional OfficerKickboxingOff-duty Recreational ActivityReasonable Expectancy of EmploymentSubjective BeliefObjective ReasonablenessEzzy testCity of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
Case No. ADJ2653693
Regular
Jul 12, 2012

TIMETHY PORTEOUS vs. REAL ROCK INDUSTRIES, LUMBERMENS MUTUAL INSURANCE COMPANY

This case involves a dispute over voluntary arbitration after a prior Workers' Compensation Appeals Board (WCAB) award. The WCJ initially denied arbitration based on WCAB Rule 10997, which generally prohibits arbitration after testimony has been taken. However, the Appeals Board granted removal, reversing the WCJ's decision. They clarified that Rule 10997 only bars arbitration for issues previously decided in a final award after testimony, allowing parties to voluntarily arbitrate any *remaining, undecided* issues. Therefore, the parties were permitted to proceed with arbitration for outstanding matters.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Order Denying Request for Submittal to Voluntary ArbitrationFindings and Awardcumulative traumaindustrial injurytemporary disability indemnity
References
Case No. ADJ8739446
Regular
Aug 26, 2014

SAMUEL TAPIA, JR. vs. GOLDEN STATE HEALTH CENTERS, INC., dba SYLMAR HEALTH AND REHABILITATION CENTERS, Permissibly Self-Insured; METRO RISK MANAGEMENT

This case concerns a workers' compensation claim where the applicant sustained an injury during a workplace "dog pile." The initial decision denied the claim, finding it barred by the horseplay defense. On reconsideration, the Appeals Board found the applicant to be a non-participant, despite evidence of prior similar incidents and alleged invitations, and therefore not barred from recovery. The Board rescinded the original denial and found the injury to be industrial, though one Commissioner dissented, deferring to the WCJ's credibility findings that the applicant was a participant.

horseplay defenseindustrial injuryco-workersinstigatorsinnocent bystanderdog pileskylarkingemployer awarenessclocked outWCJ credibility
References
Case No. ADJ8026721
Regular
Apr 04, 2013

RADU VASELISCU vs. DAYCOM, INC.; TRAVELERS

This case involves a claim for workers' compensation where the applicant was injured playing golf on a Saturday. The defendant argues the injury is not work-related, as golf was a voluntary activity. However, the Workers' Compensation Judge found the applicant's participation was subjectively and objectively reasonable given the employer's expectation to promote company morale and the fact the applicant also performed work duties that day. Therefore, the Judge recommended denial of the defendant's petition for reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COEMandatory golf eventCompany moraleOff-duty recreational activityEzzy testSubjective beliefObjective reasonablenessEmployer-paid expenses
References
Case No. ADJ8433732
Regular
Jan 25, 2013

GU YEON LEE vs. PULMUONE FOODS USA, INC., SEABRIGHT INSURANCE

The applicant, Gu Yeon Lee, suffered a work injury and was found to have temporary total disability. Despite voluntarily resigning, the Board affirmed the applicant's entitlement to temporary disability benefits, as there was no credible evidence of an actual offer of modified work prior to his resignation. However, reconsideration was granted to correct the weekly indemnity rate based on the applicant's verified payroll records. The applicant's weekly temporary disability indemnity was adjusted to $244.81.

Temporary disabilityvoluntary resignationmodified workcredible testimonyvoluntary disablementearning capacitypayroll recordsmedical treatmentemployer coercionreturn to work
References
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