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

Case No. ADJ9708192
Regular
Jul 05, 2018

BRIAN DANSKIN vs. COUNTY OF RIVERSIDE, PEMISSIDLY SELF-INSURED, CITY OF CYPRESS, PEMISSIDLY SELF-INSURED

This case involves Brian Danskin, who claimed industrial cumulative trauma in the form of skin cancer/melanoma sustained during his employment as a police officer and District Attorney's investigator. The defendant, County of Riverside, sought reconsideration of the WCJ's finding that Danskin was entitled to the Labor Code section 3212.1 cancer presumption for his investigator role. The defendant argued the investigator position didn't qualify for the presumption and that the injury predated his employment with the county. The Appeals Board denied reconsideration, adopting the WCJ's report, finding that Danskin's extensive law enforcement duties as an investigator were central to his role and qualified him for the cancer presumption under section 3212.1.

Workers' Compensation Appeals BoardBrian DanskinCounty of RiversideCity of CypressPetition for ReconsiderationFindings of FactWCJindustrial cumulative traumaskin cancermelanoma
References
1
Case No. ADJ9930313
Regular
Oct 30, 2017

JAM KWONG vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves an applicant, Jam Kwong, who sought workers' compensation benefits. The defense petitioned for reconsideration, arguing the administrative law judge (WCJ) erred in classifying Kwong's occupation. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ found that while Kwong's core duties involved cooking, his role also integrally included supervising inmates and maintaining safety, warranting the chosen occupational group. The Board gave significant weight to the WCJ's credibility determination, finding no substantial evidence to overturn it.

Petition for ReconsiderationWCABWorkers' Compensation Administrative Law Judgecredibility determinationoccupational grouppermanent disabilityDuty Statementinmate supervisionculinary equipmentphysical
References
0
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ3660859, ADJ4106950, ADJ876448
Regular
Jun 30, 2025

JOAN LEOPOLD vs. LAW OFFICES OF MARVYN GORDON, STATE COMPENSATION INSURANCE FUND

Applicant Joan Leopold filed a petition to disqualify a workers' compensation administrative law judge (WCJ), alleging bias due to the WCJ's purported personal relationship with her former attorney and excusing defendant's counsel from a trial related to attorney fees. The WCJ denied any personal relationship and clarified the defendant's role. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, ultimately denying the petition. The Board found that the applicant failed to provide sufficient factual basis for disqualification and that the petition was not timely filed according to WCAB Rule 10960.

WCABPetition for DisqualificationAdministrative Law Judge (WCJ)BiasTelephonic HearingAttorney FeesLien ClaimantLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960
References
11
Case No. ADJ7680003
Regular
Aug 20, 2018

VALERIE CROOK vs. SANTA YNEZ VALLEY PRESBYTERIAN PRESCHOOL, ZURICH NORTH AMERICA

This case involves a defendant's petition for removal challenging discovery closure orders issued by a workers' compensation judge (WCJ). The defendant argued that closing discovery prematurely would cause significant prejudice. The Workers' Compensation Appeals Board (WCAB) granted the removal, finding the WCJ erred in believing a peremptory challenge to their role prevented them from issuing discovery orders. The WCAB amended the original orders to allow the originally permitted discovery while otherwise affirming the WCJ's decisions.

Workers' Compensation Appeals BoardPetition for RemovalPre-Trial Conference StatementDiscoveryVocational EvaluationQualified Medical EvaluatorSupplemental ReportPre-emptory ChallengeMandatory Settlement ConferenceWCJ Authority
References
4
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ1735018
En Banc
Jun 03, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

An en banc decision clarifying the respective roles of the evaluating physician, the workers’ compensation administrative law judge (WCJ), and the disability rater in determining whole person impairment (WPI). The Appeals Board amended the WCJ's decision and remanded the matter for further proceedings.

AMA GuidesWhole Person ImpairmentPhysician's RoleWCJ's RoleRater's RoleFormal Rating InstructionsSubstantial Medical EvidenceDisability Evaluation UnitNon-Formal RatingsEx Parte Communication
References
32
Case No. SJO 0237342
Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration, upholding the WCJ's original decision. The WCAB clarified its judicial authority and the role of WCJs in delegating those powers. Specifically, the Board ordered a correction to the heading of the WCJ's report to accurately reflect the "Workers' Compensation Appeals Board" as the decision-making body.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge
References
5
Case No. ADJ9009619
Regular
Aug 16, 2018

RICHARD WILSON vs. DEPARTMENT OF STATE HOSPITALS COALINGA Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The applicant, a police lieutenant, claimed a psyche injury due to being forced to work with his ex-fiancée's paramour. The WCJ initially found no industrial injury, attributing the issues to personal disputes. Medical evaluators and the applicant's testimony confirm the primary cause stemmed from his fiancée leaving him for a coworker. The Appeals Board affirmed the WCJ's decision, ruling that the employment merely provided a "stage" for a personal matter, not an active or positive role in the claimed injury.

Workers' Compensation Appeals BoardIndustrial injury to psycheGood faith personnel actionsPetition for ReconsiderationCumulative injuryAgreed Medical EvaluatorQualified Medical EvaluatorPersonal dispute with coworkerEmployment dutiesActive or positive role
References
4
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