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Case No. ADJ8084071

Regular

Jul 24, 2013

KAMRYN WELCHER vs. SAN GABRIEL VALLEY YMCA, SPECIALTY RISK

The Workers' Compensation Appeals Board dismissed Kamryn Welcher's Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory procedural decision. The Board also denied the petition for removal, adopting the reasoning of the administrative law judge. Petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, the Petition for Reconsideration is dismissed and removal is denied.

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityAdministrative Law JudgeReport and RecommendationPrejudiceIrreparable Harm

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 The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this.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

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KAMRYN WELCHER vs. SAN GABRIEL VALLEY YMCA, SPECIALTY RISK

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityAdministrative Law JudgeReport and RecommendationPrejudiceIrreparable Harm

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