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

Case No. ADJ7850439
Regular
Oct 15, 2012

Edgar Tabo vs. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT

The applicant, a police officer, injured himself in an off-duty bicycle crash. The Board denied compensation because the applicant failed to establish that his subjective belief of needing to train for an optional bicycle patrol course was objectively reasonable. His off-duty recreational activity did not meet the requirements for an exception to the exclusion for such injuries under Labor Code section 3600(a)(9). Therefore, the applicant takes nothing by way of his claim.

Workers' Compensation Appeals BoardEdgar TaboCity and County of San Francisco Police DepartmentPermissibly Self-InsuredADJ7850439Oakland District OfficeOpinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injury
References
12
Case No. ADJ10681058
Regular
Oct 21, 2019

MARK MINTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Minton concerning a workers' compensation decision. The Appeals Board granted reconsideration, adopted the WCJ's report, and amended the original decision. The amended decision affirms the finding that Minton sustained a cumulative heart injury arising out of and in the course of his employment with the California Highway Patrol from July 16, 2015, through July 16, 2016.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportcumulative injuryDepartment of California Highway PatrolLegally UninsuredState Compensation Insurance Fundheart injuryofficeroccupational group 490
References
0
Case No. ADJ9883212
Regular
May 19, 2018

LADONNA PALEGA vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns a California Highway Patrol officer diagnosed with adenocarcinoma in situ of the cervix. The defendant, California Highway Patrol, sought reconsideration of a finding that this condition constituted an industrial injury under Labor Code section 3212.1. The defendant argued that the applicant's condition was not considered "cancer" and therefore the statutory presumption of industrial causation did not apply. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding based on qualified medical evaluator Dr. Ngo's opinion that adenocarcinoma in situ qualifies as cancer under the statute. The Board found the defendant failed to rebut the presumption by providing evidence that the exposure to carcinogens was not linked to the disabling cancer.

Labor Code section 3212.1presumption of injurycervical canceradenocarcinoma in situLoop Electrosurgical Excision Procedure (LEEP)substantial medical evidencepanel qualified medical evaluatordisputable presumptionrebuttal evidencecarcinogen exposure
References
1
Case No. 96 Civ. 4126
Regular Panel Decision
Jun 25, 2003

Penguin Books U.S.A., Inc. v. New Christian Church of Full Endeavor, Ltd.

Plaintiffs Foundation for A Course in Miracles (FACIM) and Foundation for Inner Peace (FIP) sued New Christian Church of Full Endeavor, Ltd. (NCCFE) and Endeavor Academy for copyright infringement of 'A Course in Miracles.' The central issue was whether the work entered the public domain due to extensive pre-publication distribution without copyright notice. The court found that hundreds of uncopyrighted copies were distributed without sufficient limitations on who received them or how they could be used. Consequently, the court concluded that the work was generally published before its official copyright registration, rendering the copyright invalid. Judgment was entered in favor of the defendants, dismissing the copyright.

Copyright LawPublic DomainPre-publication DistributionCopyright InfringementIntellectual PropertyReligious TextsSpiritual TeachingsManuscript DistributionLiterary WorkLicensing Agreement
References
15
Case No. ADJ7215196 (MF) ADJ7214862 ADJ7267507
Regular
Feb 16, 2017

KARA ELLIS vs. CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board denied the California Highway Patrol's petition for reconsideration. The Board affirmed the administrative law judge's finding of 100% permanent total disability for the applicant, Kara Ellis, due to injuries sustained as a sworn officer. The employer failed to meet its burden of proof to demonstrate apportionment of prior disability awards, as required by law, and did not prove overlap of injuries. Therefore, the applicant is entitled to an unapportioned award of total permanent disability and future medical treatment.

Permanent Total DisabilityApportionmentOverlapLabor MarketEarning CapacitySworn OfficerIndustrial InjuriesUnapportioned AwardPrior AwardBody Parts
References
7
Case No. ADJ1 646469
Regular
Feb 06, 2017

ANDREW HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL

This case concerns a California Highway Patrol officer who sustained a work-related injury and was temporarily disabled. The Appeals Board initially ruled against the officer's claim for additional compensation, finding he received full salary and that reimbursement for accrued paid leave was outside WCAB jurisdiction. The Court of Appeal annulled this decision, holding that using accrued leave to supplement disability pay constituted a "loss of salary" prohibited by Labor Code section 4800.5. Consequently, the Appeals Board affirmed the original WCJ's award, directing the officer receive compensation for used annual leave, plus interest and penalties.

Workers' Compensation Appeals BoardCalifornia Highway PatrolOpinion and Decision After RemittiturLabor Code section 4800.5Temporary DisabilityFindings and AwardPaid Leave TimeLoss of SalaryJurisdictionPenalties
References
3
Case No. MISSING
Regular Panel Decision
Mar 02, 2009

People v. Andrus

Defendant appealed a judgment convicting him of attempted course of sexual conduct against a child. He argued his Miranda rights were violated, but the court found a knowing, voluntary, and intelligent waiver. The court also rejected his claim that a social worker acted as a law enforcement agent without issuing Miranda warnings, noting the interview's timing and continuous custody. Furthermore, police deception regarding a polygraph did not coerce his statement or deny due process. His challenge to his Alford plea was unpreserved, and the sentence was deemed appropriate.

Miranda rightsWaiver of rightsRight to counselPolice interrogationSocial worker interviewLaw enforcement agencyVoluntariness of confessionPolice deceptionPolygraph examinationDue process
References
12
Case No. ADJ7224335
Regular
Apr 14, 2011

GINA WALLS vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and denied their petition for reconsideration. The defendant sought to overturn a decision awarding temporary disability benefits and an attorney fee, arguing the applicant should have received Industrial Disability Leave (IDL) instead. The WCAB adopted the findings of the administrative law judge, finding the applicant's injury to her right shoulder on March 31, 2010, arose out of and in the course of employment and was compensable with temporary disability benefits and an attorney fee. The WCAB also rejected the defendant's claim that the injury was cumulative rather than specific.

WORKERS' COMPENSATION APPEALS BOARDGINA WALLSCALIFORNIA HIGHWAY PATROLSTATE COMPENSATION INSURANCE FUNDWCJFindings of Fact and Awardtemporary disability indemnityIndustrial Disability LeaveIDLattorney fee
References
0
Case No. ADJ1253728 SFO 0509604
Regular
Dec 04, 2012

KENNETH BUMGARNER vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration in *Bumgarner v. California Highway Patrol*. The Board affirmed the original decision but amended Finding of Fact No. 2 to clarify that there is no legal apportionment of permanent disability, specifically regarding the neck injury. This amendment clarifies the non-apportionment principle for permanent disability in this case.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundPetition for ReconsiderationWCJ ReportDecision After ReconsiderationFinding of FactLegal ApportionmentPermanent DisabilityNeck Injury
References
0
Case No. ADJ11332263
Regular
Jul 22, 2019

ERIKA MEDINA vs. THE BICYCLE CASINO, LP, GALLAGHER BASSETT SERVICES

This case involves an applicant alleging cumulative trauma injury to multiple body parts while employed by The Bicycle Casino. The trial judge found injury AOE/COE to several body parts, but the defendant sought reconsideration, arguing insufficient evidence and improper exclusion of a post-termination defense. The Appeals Board granted reconsideration, finding the medical record needed further development regarding causation, particularly with the QME. They also ruled that the WCJ acted within discretion by not permitting the post-termination defense to be raised at trial without prior proper notice.

AOE/COEPetition for ReconsiderationFindings of Fact and OrderWCJPost-termination defenseQMECredibility determinationSubstantial evidenceCumulative traumaMedical opinion
References
25
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