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

Case No. ADJ9688843
Regular
Oct 29, 2019

HECTOR VILLAFAN vs. EXIDE TECHNOLOGIES, TRISTAR RISK MANAGEMENT

This case involves an applicant, Hector Villafan, seeking reconsideration of a workers' compensation decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, affirming the original August 6, 2019 decision with amendments. The WCAB clarified that an industrial injury need only be a contributing cause to the disability, citing *South Coast Framing*. The amended findings establish new and further disability to the head, brain, stroke, and hypertension, deferring other issues and ordering further medical treatment.

WCABPetition for ReconsiderationWCJ reportSouth Coast Framinglegal causationcontributing causenew and further disabilityindustrial injuryhead and brainstroke
References
Case No. ADJ11339054, ADJ10362180
Regular
Mar 20, 2023

DONALD TERRY vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration. The Board affirmed the Administrative Law Judge's (ALJ) award finding industrial injury to the applicant's head, brain, heart, and stroke, in addition to previously stipulated knee injuries. This decision was based on the fact that the original stipulation expressly left the head, brain, heart, and stroke claims open for further litigation. Medical evidence supported these additional injuries as a compensable consequence of the initial knee injury.

WCABPetition for ReconsiderationFindings and Awardadministrative law judgeindustrial injurycumulative traumapermanent disabilityapportionmentfurther medical treatmentstipulated award
References
Case No. ADJ8835024 ADJ8996815
Regular
Sep 05, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed its prior decision that the applicant did not sustain industrial injury to her heart or brain in the form of a stroke. The applicant failed to meet the burden of proof that "heart trouble" medically contributed to her stroke. Furthermore, the Board found no newly discovered evidence, including a civil judgment and expert testimony, that warranted overturning its decision.

Heart troublestrokedeputy sheriffheart presumption statutesLabor Code section 3212.5industrial injurymedical probabilitycollateral estoppelres judicatanewly discovered evidence
References
Case No. ADJ8039059
Regular
Aug 22, 2018

FARRHA ALAEDDIN vs. STATE COMPENSATION INSURANCE FUND, permissibly self-insured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award to Farrha Alaeddin. The Board adopted the Workers' Compensation Judge's report, which found the applicant's stroke was industrial based on witness testimony and the opinion of an Agreed Medical Evaluator. The Judge gave significant weight to witness demeanor and found no substantial evidence to reject the credibility determinations. The defendant's contention that the finding of probable medication use was speculative was rejected, as the preponderance of the evidence supported an industrial causation.

ADJ8039059FARRHA ALAEDDINSTATE COMPENSATION INSURANCE FUNDACCLAMATION INSURANCE MANAGEMENT SERVICESPetition for ReconsiderationDENIEDWCJGarza v. Workmen's Comp. Appeals Bd.Agreed Medical Evaluator (AME)Power v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
Case No. ADJ6647815, ADJ6426800, ADJ6673816
Regular
Nov 25, 2013

LUIS BANUELOS vs. ACORN ENGINEERING COMPANY, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration to review the finding of industrial injury (stroke) by the WCJ, as defendants argued it lacked sufficient explanation. While the WCJ's initial decision was inadequately explained, medical evidence and the applicant's credible perception of work-related stress supported the finding of a stroke. The Board affirmed the finding of industrial injury as a stroke, but deferred all other issues, including the nature and dates of injury, for the WCJ to address with proper explanation. The defendant's reliance on psychiatric injury standards was misplaced, as physical injury from stress has different evidentiary requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial injurystrokecumulative injuryspecific injurydate of injuryindustrial causationsubjective perception
References
Case No. ADJ10774716
Regular
Feb 10, 2023

REBECCA MILLS vs. STATE COMPENSATION INSURANCE FUND, AIMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the applicant's stroke and psychiatric injury were not work-related, but the Board adopted the Workers' Compensation Judge's findings. The Judge relied on medical evidence, including reports from the applicant's primary care physician and a psychiatric QME, concluding that workplace stress was a contributing factor to the applicant's stroke and subsequent psychiatric injury. The defense's arguments regarding the internal medicine PQME's findings were found to be inconsistent with his own deposition testimony concerning the plausibility of work stress causing the stroke.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionStrokePsychiatric InjuryCumulative TraumaClaims AdjusterCardiac Vascular AccidentWork StressCausation
References
Case No. AD J8835024 AD J8996815
Regular
Jun 14, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found that the applicant, a deputy sheriff, did not sustain industrial injury from a stroke. While Labor Code section 3212.5 creates a presumption of industrial causation for heart trouble in peace officers, the applicant failed to establish, based on a qualified medical evaluator's opinions, that her stroke was caused by heart trouble or that she suffered from any heart trouble. The expert consistently found no evidence of heart trouble contributing to the stroke and opined that an intracranial thrombosis was the probable cause. Therefore, the presumption under section 3212.5 was not applicable as the applicant did not meet the threshold requirement of showing heart trouble.

Workers' Compensation Appeals BoardDeputy SheriffStrokeHeart PresumptionLabor Code Section 3212.5Occupational CausationMedical ProbabilityPanel Qualified Medical EvaluatorCardiologistIn Situ Thrombosis
References
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