Updated Daily

Case Law Database

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

Case No. ADJ2295331 (ANA 0397551)

En Banc

Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

The Appeals Board held that under Labor Code § 3600.5(b), an employee hired outside California is exempt from the state's workers' compensation laws if they are temporarily in the state for work, the employer provides coverage from another state, and that state has reciprocal exemption provisions, leading to the dismissal of the Cincinnati Bengals from the case.

WCABEn BancReconsiderationLabor Code § 3600.5(b)ExemptionExtraterritorial ProvisionsOhio Workers' CompensationSelf-Insured EmployerTemporary EmploymentCumulative Injury

References

Case No. ADJ2295331 (ANA 0397551)

Significant

Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

The Appeals Board held that an out-of-state employee and employer are exempt from California's workers' compensation system under Labor Code section 3600.5(b) when the employee is only temporarily in California, the employer provides coverage under another state's similar laws, and that state offers reciprocal exemption to California employers. Consequently, the Cincinnati Bengals were dismissed as a defendant.

Workers' Compensation Appeals BoardEn Banc DecisionLabor Code § 3600.5(b)Extraterritorial CoverageTemporary EmploymentSelf-Insured EmployerOhio Workers' Compensation LawReciprocityCumulative InjuryHire Outside of California

References

Case No. GRO 0028123, GRO 0028394

En Banc

Feb 27, 2006

ERIC PASQUOTTO vs. HAYWARD LUMBER, CONNECTICUT INDEMNITY INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Appeals Board held that a prior injury settlement via a compromise and release agreement does not constitute a 'prior award of permanent disability' under Labor Code section 4664(b) for apportionment purposes. However, evidence from the prior injury may still be relevant to determine apportionment based on causation under section 4663.

SB 899apportionmentcompromise and releaseprior awardpermanent disabilityLabor Code sections 46634664en banc decisionmedical rehabilitationother factors

References

Case No. ADJ1078163, ADJ3341185

Significant

Sep 03, 2009

Applicant vs. Workers' Compensation Appeals Board

The court holds that a permanent disability rating under the 2005 Schedule is rebuttable, but any rebuttal evidence concerning Whole Person Impairment (WPI) must be founded within the four corners of the AMA Guides.

AMA GuidesPermanent Disability RatingRebuttablePrima Facie EvidenceWhole Person ImpairmentScheduleLabor Code Section 4660SB 899En Banc DecisionWorkers' Compensation Appeals Board

References

Case No. GRO 0028123, GRO 0028394

Significant

Feb 27, 2006

Eric Pasquotto, Applicant vs. Hayward Lumber, Connecticut Indemnity Insurance Company, and Athens Administrators (Adjusting Agent)

This case holds that an order approving a compromise and release agreement is not a 'prior award of permanent disability' under Labor Code section 4664(b), but evidence from the prior injury may still be relevant for apportionment under section 4663. It also affirms that medical rehabilitation from a prior disability remains a viable concept under section 4663.

SB 899ApportionmentCompromise and ReleasePrior AwardPermanent DisabilityMedical RehabilitationOther FactorsLabor Code Sections 4663 and 4664En Banc DecisionWorkers' Compensation Appeals Board

References

Case No. SAC 0326274

Significant

JANELLE SCHEFTNER, Applicant vs. RIO LINDA SCHOOL DISTRICT, Permissibly Self-Insured

The Appeals Board affirmed the WCJ's decision, holding that the new apportionment statutes enacted by SB 899 do not apply to cases where an order of submission for decision existed prior to the new law's enactment on April 19, 2004.

SB 899apportionmentexisting ordersubmission orderreconsiderationJanelle ScheftnerRio Linda School DistrictWCJDr. NijjarDisability Evaluation Unit

References

Case No. GRO 0029816, GRO 0029817

En Banc

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4663 as amended by SB 899, apportionment of permanent disability is based on causation and may include pre-existing, non-industrial conditions like degenerative arthritis, provided there is substantial medical evidence to support the percentage of non-industrial causation.

SB 899ApportionmentCausationPermanent DisabilityPreexisting ConditionDegenerative ArthritisSubstantial Medical EvidenceMedical ProbabilityLabor Code Section 4663Compensable Consequence

References

Case No. GRO 0029816, GRO 0029817

Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision to apportion 50% of the applicant's permanent disability to a preexisting degenerative arthritis, holding that Labor Code section 4663, as amended by SB 899, permits apportionment based on causation from non-industrial factors supported by substantial medical evidence.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME

References

Case No. SAC 0326274

En Banc

Oct 04, 2004

Janelle Scheftner vs. Rio Linda School District

The Appeals Board holds that orders closing discovery and submission orders issued prior to the enactment of SB 899 on April 19, 2004, are existing orders that cannot be reopened to apply the new apportionment statutes. The decision affirms the WCJ's findings on permanent disability and apportionment under the old law.

SB 899ApportionmentExisting orderSubmission orderReconsiderationPermanent disabilityLabor Code section 4663Mandatory settlement conferenceCausationProspective application

References

Case No. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)

Significant

Feb 03, 2009

Mario Almaraz, Joyce Guzman vs. Environmental Recovery Services (a.k.a. ENVIROSERVE), State Compensation Insurance Fund, Milpitas Unified School District, Permissibly Self-Insured, Keenan & Associates, Adjusting Agent

The Appeals Board held that the AMA Guides portion of the 2005 Schedule for Rating Permanent Disabilities is rebuttable by showing that an impairment rating based on the AMA Guides would be inequitable, disproportionate, and not a fair and accurate measure of the employee’s permanent disability.

AMA Guidesrebuttable presumptionpermanent disability rating2005 Scheduleimpairment determinationmedical opinionevidentiary standardequitable awardvocational specialistsactivities of daily living

References

Showing 1-10 of 16,081 results

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Updated Daily

Case Law Database

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

Case No. ADJ2295331 (ANA 0397551)

En Banc

Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

WCABEn BancReconsiderationLabor Code § 3600.5(b)ExemptionExtraterritorial ProvisionsOhio Workers' CompensationSelf-Insured EmployerTemporary EmploymentCumulative Injury

References

Case No. ADJ2295331 (ANA 0397551)

Significant

Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

References

Case No. GRO 0028123, GRO 0028394

En Banc

Feb 27, 2006

ERIC PASQUOTTO vs. HAYWARD LUMBER, CONNECTICUT INDEMNITY INSURANCE COMPANY, ATHENS ADMINISTRATORS

SB 899apportionmentcompromise and releaseprior awardpermanent disabilityLabor Code sections 46634664en banc decisionmedical rehabilitationother factors

References

Case No. ADJ1078163, ADJ3341185

Significant

Sep 03, 2009

Applicant vs. Workers' Compensation Appeals Board

AMA GuidesPermanent Disability RatingRebuttablePrima Facie EvidenceWhole Person ImpairmentScheduleLabor Code Section 4660SB 899En Banc DecisionWorkers' Compensation Appeals Board

References

Case No. GRO 0028123, GRO 0028394

Significant

Feb 27, 2006

Eric Pasquotto, Applicant vs. Hayward Lumber, Connecticut Indemnity Insurance Company, and Athens Administrators (Adjusting Agent)

SB 899ApportionmentCompromise and ReleasePrior AwardPermanent DisabilityMedical RehabilitationOther FactorsLabor Code Sections 4663 and 4664En Banc DecisionWorkers' Compensation Appeals Board

References

Case No. SAC 0326274

Significant

JANELLE SCHEFTNER, Applicant vs. RIO LINDA SCHOOL DISTRICT, Permissibly Self-Insured

SB 899apportionmentexisting ordersubmission orderreconsiderationJanelle ScheftnerRio Linda School DistrictWCJDr. NijjarDisability Evaluation Unit

References

Case No. GRO 0029816, GRO 0029817

En Banc

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

SB 899ApportionmentCausationPermanent DisabilityPreexisting ConditionDegenerative ArthritisSubstantial Medical EvidenceMedical ProbabilityLabor Code Section 4663Compensable Consequence

References

Case No. GRO 0029816, GRO 0029817

Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME

References

Case No. SAC 0326274

En Banc

Oct 04, 2004

Janelle Scheftner vs. Rio Linda School District

SB 899ApportionmentExisting orderSubmission orderReconsiderationPermanent disabilityLabor Code section 4663Mandatory settlement conferenceCausationProspective application

References

Case No. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)

Significant

Feb 03, 2009

Mario Almaraz, Joyce Guzman vs. Environmental Recovery Services (a.k.a. ENVIROSERVE), State Compensation Insurance Fund, Milpitas Unified School District, Permissibly Self-Insured, Keenan & Associates, Adjusting Agent

AMA Guidesrebuttable presumptionpermanent disability rating2005 Scheduleimpairment determinationmedical opinionevidentiary standardequitable awardvocational specialistsactivities of daily living

References

Showing 1-10 of 16,081 results

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