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

Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. ADJ9053858, ADJ9053853
Regular
Dec 08, 2016

TONY PAEZ vs. SAN FRANCISCO CHRONICLE, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, overturning the WCJ's prior decision. The WCAB found that the applicant did sustain bladder cancer and a psychiatric injury arising out of and in the course of employment due to exposure to newspaper ink. This finding was primarily based on the consistent medical opinions of the Agreed Medical Examiner in internal medicine. Consequently, the applicant is entitled to ongoing medical treatment, with issues of permanent disability, apportionment, and the EDD lien deferred.

Agreed Medical Examiner (AME)internal system injurybladder cancerpsychiatric injurycumulative traumaarising out of and occurring in the course of employment (AOE/COE)medical probabilitycarcinogenMSDSprinting ink
References
Case No. ADJ8218969
Regular
Feb 05, 2015

JOSE CARRILLO (Deceased) ELVIRA CARRILLO (Widow) vs. ESTERLINE TECHNOLOGIES CORPORATION, ARCH INSURANCE, Administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration of a taken nothing order concerning the death claim of Jose Carrillo, who died of renal cell carcinoma. The initial decision found the widow failed to prove her husband's cancer was industrially caused by toxic exposure during his employment. The Board found the Qualified Medical Evaluator's opinion equivocal and the record insufficient to determine the extent of the decedent's exposure to carcinogens. Therefore, the case was returned to the trial judge for further development of the record regarding chemical exposure and a new determination of industrial causation.

Workers' Compensation Appeals BoardElvira CarrilloJose CarrilloEsterline Technologies CorporationArch InsuranceESISADJ8218969Petition for ReconsiderationFindings and Ordertaken nothing order
References
Case No. ADJ7288448, ADJ7345282
Regular
Oct 18, 2011

DERVIS ESPINAL vs. BARRETT BUSINESS SERVICES, BARRETT BUSINESS SERVICES/BBSI

The Workers' Compensation Appeals Board (WCAB) initiated sanctions against attorneys Roy J. Park and Black and Rose LLP, jointly and severally, for $500.00. This action was taken for failure to demonstrate good cause following a notice of intention to impose sanctions. No timely objection was filed by the attorneys. The WCAB accepted the payment of $500.00 received from Black and Rose LLP as full satisfaction of the imposed sanctions.

WORKERS' COMPENSATION APPEALS BOARDremovalsanctionsLabor Code section 5813Appeals Board Rule 10561jointly and severallygood causetimely objectionDecision After RemovalGeneral Fund
References
Case No. ADJ7689152
Regular
Jan 15, 2013

MARTINA IRAHETA vs. BAL SEAL ENGINEERING, INC., APPLIED RISK SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the Administrative Law Judge's (ALJ) report, which found the applicant's exhibits inadmissible due to failure to meet service deadlines and inadequate medical reporting by Dr. Black. The ALJ also found the applicant's testimony not credible, failing to establish a prima facie case for injury. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONMandatory Settlement ConferenceLabor Code §46288 Cal. Code Reg. §10606credibilitydeveloping the recordprima facie burdencontinuous traumaDr. Black's reports
References
Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
Case No. ADJ11562102
Regular
Jan 17, 2023

KUANE WASHINGTON vs. SANTA CLARA VTA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an administrative law judge's decision. The applicant claimed an industrial injury due to an acquired odor disorder while employed as a bus operator. The Board found that the applicant failed to disclose critical evidence, such as an emergency room report, during pretrial proceedings. Furthermore, the Board relied on the opinion of Qualified Medical Evaluator Dr. Yip, deeming it substantial evidence, which concluded the applicant's condition was not industrially caused, supported by the applicant's own testimony of not smelling odors on the bus.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryAcquired Odor DisorderBus OperatorCarbon MonoxideEmergency Room ReportPretrial Conference StatementEvidentiary RecordQualified Medical Evaluator
References
Case No. ADJ7325988 ADJ7329616
Regular
May 14, 2018

PAMELA MNYANDU vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification and Petition for Removal. This dismissal was based on the applicant's failure to properly serve the defendant's attorney of record with copies of these petitions. Instead, service was only made upon the defendant's claim adjuster. Therefore, the Board found the petitions subject to dismissal for procedural non-compliance.

Petition for RemovalPetition for DisqualificationService FailureAttorney of RecordClaim AdjusterSedgwick CMSBlack and Rose LLPAppeals Board RulesLabor Code 5311CCP 641
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ2024655 (SAC 0331505)
Regular
Apr 24, 2009

MAURICE WEBSTER vs. JOHN L. SULLIVAN CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

This order denies Maurice Webster's petition for reconsideration in his workers' compensation case against John L. Sullivan Chevrolet and Safety National Casualty Corporation. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Finding no basis for reconsideration, the WCAB adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationMaurice WebsterJohn L. Sullivan ChevroletSafety National Casualty CorporationADJ204655SAC 0331505Gregory G. Aghazarian
References
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