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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 25, 2009

Claim of Thomas v. Crucible Materials Corp.

Claimant appealed a Workers' Compensation Board decision from February 25, 2009, which denied his application to reopen a workers' compensation claim. The claimant had sustained a right shoulder injury in 2002, leading to a 70% schedule loss of use classification in 2003. Although a Workers’ Compensation Law Judge initially reclassified the claimant with a permanent total disability in 2007 due to worsening condition, the Board reversed this, finding insufficient proof of a significant change in medical condition. The appellate court affirmed the Board's decision, emphasizing that the Board has discretion in reopening cases and that conflicting medical evidence supported the conclusion that no substantial change in the claimant's condition since 2003 had been established, despite arguments regarding deteriorating range of motion and complex regional pain syndrome.

Workers' CompensationSchedule Loss of UsePermanent Total DisabilityReopening ClaimMedical EvidenceChange in ConditionBoard DiscretionRotator Cuff InjuryComplex Regional Pain SyndromeAppellate Review
References
11
Case No. ADJ1811902 (SJO 0228410)
Regular
Oct 31, 2008

, Applicant, Dennis K. Allgood, vs. , DALEY'S DRYWALL & TAPING, INC., and STATE COMPENSATION INSURANCE FUND,

The Applicant sought reconsideration of a prior denial of his employer's petition, which had challenged a finding of $100\%$ permanent disability reduced by $10\%$ apportionment. The Applicant's new petition argued a substantial change in his medical condition, becoming paraplegic after the prior decisions, and also that the initial $90\%$ rating was an error. The Board denied the Applicant's petition, finding he was not aggrieved by the prior order and that the alleged new medical condition was a subsequent intervening event, not grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanent DisabilityApportionmentNon-industrial injuryParaplegicTotal DisabilityNewly Discovered EvidenceLabor Code Section 5903(d)
References
0
Case No. ADJ11396782
Regular
Apr 17, 2018

SALVADOR RODRIQUEZ-GOMEZ vs. CONTROL AIR CONDITIONING CORPORATION

In *Rodriguez-Gomez v. Control Air Conditioning Corporation*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. Removal is an extraordinary remedy, granted only if substantial prejudice or irreparable harm will result without it, and reconsideration will not be an adequate remedy. The Board found that the applicant failed to demonstrate either of these conditions were met, and therefore denied the petition.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJAdministrative Law JudgeExtraordinary RemedyFinal Decision
References
2
Case No. ADJ2054018 (FRE 0219780) ADJ403978 (FRE 0219781)
Regular
Jul 09, 2014

Karen Clacher vs. The Call Center LLC, State Compensation Insurance

The Appeals Board granted the defendant's petition for reconsideration, rescinding the finding that the applicant sustained an industrial psychiatric injury. The Board found, based on the Agreed Medical Evaluator's opinion, that the applicant's psychiatric condition was predominantly due to a pre-existing, non-industrial mental illness. Consequently, the applicant's petition for reconsideration was denied, and the matter was returned for further proceedings regarding admitted injuries.

Workers' Compensation Appeals BoardIndustrial InjuryPsycheReconsiderationApportionmentSubstantial EvidenceAgreed Medical EvaluatorPredominant CauseViolent ActSubstantial Cause
References
0
Case No. ADJ1010952 (VNO 521983), ADJ620208 (VNO 521986)
Regular
Feb 09, 2009

MELVIN THOMAS vs. STATE OF CALIFORNIA / BOARD OF PAROLE HEARINGS; STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration. Defendant's petition was granted, reversing the prior finding of industrial psychiatric injury to the applicant. The Board determined that the applicant's psychological condition was predominantly caused by a lawful, non-discriminatory, good faith personnel action (the ending of his temporary assignment), thereby barring compensation under Labor Code section 3208.3(h). Consequently, any related cardiovascular and hypertension claims were also dismissed.

Labor Code 3208.3(h)personnel actionpsychiatric injurygood faith personnel actionlawfulnondiscriminatorypredominant causeappeals boardreconsiderationfindings and award
References
5
Case No. ADJ1787355 (SAC 0336410) ADJ1318220 (SAC 0338049)
Regular
Aug 06, 2012

MARY JANE EIDMAN vs. LAW OFFICES OF THOMAS PLUMB, PARADISE CHEVROLET, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Subsequent Injuries Benefits Trust Fund's (SIF) petition for reconsideration, affirming the finding of total permanent disability due to a prior condition combined with a later industrial injury. The Board granted the applicant's petition, reversing the original decision to make the applicant personally liable for a medical-legal report. SIF is now liable for the reasonable cost of Dr. Abeliuk's report, which is deemed a necessary medical-legal expense for the applicant's claim. The case was returned for further proceedings to determine the cost of Dr. Abeliuk's report.

Workers' Compensation Appeals BoardSubsequent Injuries Benefits Trust Fundpermanent disabilitymedical-legal expensereconsiderationadministrative law judgesubstantial medical evidencequalified injured workermedical reportingliability
References
5
Case No. MISSING
Regular Panel Decision
Jan 08, 2002

Claim of Palma v. New York City Department of Corrections

The claimant, a Vietnam veteran and former correction officer, sustained injuries in 1975 and was awarded workers' compensation benefits. His case was later reopened to address consequential posttraumatic stress disorder (PTSD), but a Workers' Compensation Law Judge (WCLJ) and the Board attributed his PTSD to his Vietnam service, not his employment assault. Claimant's subsequent application for a rehearing and/or reopening of the claim, based on new psychiatric reports from 1999 and 2000, was denied by the Board on January 8, 2002. The Board concluded that the claimant failed to demonstrate the medical evidence was unavailable earlier or indicated a change in his psychiatric condition. This appeal challenged the Board's denial of the rehearing application, rather than the underlying PTSD claim. The court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial of the application.

Workers' CompensationAppealRehearingReopening ClaimPosttraumatic Stress Disorder (PTSD)Correction OfficerVietnam VeteranMedical EvidenceAbuse of DiscretionArbitrary and Capricious
References
3
Case No. ADJ7542088
Regular
Jun 25, 2012

TIMOTHY OAKES vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant City of Sacramento's petition for reconsideration. Simultaneously, the Board granted the applicant Timothy Oakes' petition for reconsideration. The Board affirmed the original decision, with a minor amendment changing Finding of Fact No. 6 to state that the applicant's condition does not require further medical care.

Workers' Compensation Appeals BoardLegally UninsuredPetition for ReconsiderationWCJ reportDecision After ReconsiderationFinding of Factmedical care
References
0
Case No. MISSING
Regular Panel Decision

Lahm v. Bloomberg

The petitioner, a former New York City police officer named Lahm, sought an accident disability retirement (ADR) due to stage III squamous cell carcinoma, claiming it was environmentally induced by his prolonged exposure to toxic debris at the World Trade Center site on September 11, 2001. The Police Department and the Medical Board denied his request for a line-of-duty designation and ADR, asserting no causal relationship, and instead granted him an ordinary disability retirement. The Board of Trustees subsequently denied the ADR application via a tie vote. The court found that the Medical Board failed to consider whether the petitioner's pre-existing condition was aggravated by the WTC exposure. Concluding that the Board of Trustees' denial lacked a rational basis, and noting that the record contained only medical opinions supporting the aggravation claim, the court ruled as a matter of law that the petitioner's cancer was exacerbated by the service-connected September 11, 2001 injury. Consequently, the court granted the petitioner's application, annulled the Board of Trustees' determination, and remanded the matter for recomputation of his retirement allowance with an accident disability retirement.

WTC ExposureCancer AggravationAccident Disability RetirementOrdinary Disability RetirementPolice Pension FundLine-of-Duty InjuryCausation StandardMedical BoardTie Vote AnnulmentExacerbation of Pre-existing Condition
References
7
Case No. MISSING
Regular Panel Decision

Claim of Wilkinson v. Bendix Friction Corp.

Claimant filed a workers' compensation claim after being diagnosed with a lung condition, which a Workers' Compensation Law Judge (WCLJ) determined in August 2003 was an occupational disease causally related to 1969 asbestos exposure while working for the employer, though not currently disabling. The claimant sought review. The Workers' Compensation Board, in January 2004, found the employer's rebuttals to be untimely. Subsequently, the employer and its third-party administrator filed an application for Board review in February 2004, which the Board denied as untimely in October 2004. The employer appealed this denial. The appellate court affirmed the Board's decision, finding no abuse of discretion in denying the application as untimely, given that the employer had received proper notice of the WCLJ decision.

Workers' CompensationUntimely ApplicationBoard ReviewOccupational DiseaseAsbestos ExposureCausal RelationDisability ClaimAppellate Decision
References
4
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