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Case Law Database

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

Case No. ADJ8004482
Regular
Sep 04, 2012

SETH PATRICK LANTZ (PATRICK LANTZ), Deceased; SHANNON M. LANTZ, Individually And As Guardian Ad Litem For ZANE A. LANTZ; KODY R. LANTZ; HALEY M. FITZJERRELL, And TYLER P. LANTZ, Minors vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS PLEASANT VALLEY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Lieutenant Seth Patrick Lantz's fatal car accident during his commute arose from his employment. The WCAB found the accident did not arise out of or in the course of employment, reversing the prior decision. The Board determined the "going and coming rule" applied, as Lieutenant Lantz's extended shift and acting as watch commander did not constitute a special mission exception. Therefore, the death benefit claim was denied.

Workers' Compensation Appeals BoardDeath BenefitsGoing and Coming RuleSpecial Mission ExceptionCommuteIndustrial InjuryCorrectional OfficerWatch CommanderReconsiderationFindings of Fact
References
Case No. ADJ6535804
Regular
Apr 19, 2011

DIANA SMYERS vs. COMMAND CENTER, INC/AMERICAN HOME ASSURANCE COMPANY, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a petition for reconsideration and removal. The petitioner voluntarily withdrew their petition contesting a prior decision. Therefore, the WCAB dismissed the matter as requested by the petitioner. The order was served via mail on April 19, 2011.

Petition for ReconsiderationPetition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCommand Center IncAmerican Home Assurance CompanyChartis Claims Inc
References
Case No. ADJ7892653
Regular
Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction
References
Case No. ADJ3412693 (LAO 0833154)
Regular
Jan 25, 2016

COLINE ANTOURI vs. WARNER BROTHERS STUDIO, Permissibly Self-Insured, Adjusted by WARNER BROTHERS WORKERS' COMPENSATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of 100% permanent disability. The Board found that a prior final determination of no new and further psychiatric disability precluded any compensation based on such injury. Therefore, the applicant is only entitled to medical treatment for the established industrial injury to her lungs, nose, and throat, and nothing further by way of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSet Watch OfficerIndustrial InjuryRhinosinusitisPetition to ReopenPermanent DisabilityApportionmentPsychiatric Injury
References
Case No. ADJ9578605
Regular
Oct 28, 2018

ANA FABIAN vs. COMMAND GUARD SERVICES, CANNON COCRAN IRVINE

This case involves a lien claimant's request for reimbursement of $225 for interpreter services, which the WCJ denied twice for being unreasonable without specific explanation. The Appeals Board dismissed the Petition for Reconsideration as the WCJ's order was not final. However, the Board granted removal, finding the denial prejudiced the lien claimant by lacking a proper basis and opportunity for hearing. The Board rescinded the WCJ's order and returned the matter for further proceedings to determine a reasonable fee based on statutory guidelines and evidence.

Petition for ReconsiderationPetition for RemovalLien ClaimantWCJLabor Code § 5811Interpreting ServicesDeposition Read BackUnreasonable FeesMarket RateSuperior Court Fee Schedule
References
Case No. ADJ1676676 (LAO 0815773) ADJ2326934 (LAO 0829404)
Regular
Oct 14, 2009

COLONDRA MCCOY vs. AVIATION SAFEGUARDS aka COMMAND SECURITY, KEMPER GROUP

The Appeals Board granted reconsideration, rescinding the WCJ’s decision. Applicant is not entitled to vocational rehabilitation benefits due to the repeal of Labor Code section 139.5.

Vocational RehabilitationVRMALabor Code Section 139.5ReconsiderationFinal OrderVested RightsAppellate ReviewJurisdictionRepealStatute Termination
References
Case No. LAO 829404, LAO 815773
Regular
Jul 20, 2007

LOLONDRA McCOY vs. AVIATION SAFEGUARDS aka COMMAND SECURITY, KEMPER GROUP

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award of vocational rehabilitation benefits. The Board found no substantial evidence to support the applicant's claim that her diabetes, left leg amputation, or right toe amputation were industrially caused, despite the treating physician's opinion. The case was remanded to the trial level for further proceedings to clarify industrial causation for the specific body parts claimed as injured.

Vocational RehabilitationIndustrial CausationDiabetesAmputationQMETreating DoctorCompromise and ReleaseThomas FindingContinuous TraumaLabor Code section 5908.5
References
Case No. ADJ1230451 (LAO 0812240)
Regular
Nov 12, 2008

SUSANA RAMIREZ (OCHOA) vs. WATCH L.A., EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found that the applicant's psychological injury is compensable, contrary to the prior award which only recognized a low back injury. Further proceedings will allow for development of the record regarding both the psychological injury and the applicant's claim for additional temporary disability benefits stemming from it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilityPermanent DisabilityCompensable Psychological InjuryTreating PsychologistPermanent and Stationary DateBladder Urinary Complaint
References
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