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

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. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ7118771
Regular
Mar 13, 2012

CHARLES THOMAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

This case involves a bus driver injured during an altercation with a passenger. The Appeals Board reversed the initial ruling, finding the injury compensable because the applicant was not the initial physical aggressor. While the applicant's actions were unauthorized, they occurred in the course of employment as they stemmed from his duties dealing with the passenger. The Board also found sufficient evidence of injury beyond the applicant's testimony. The case is returned for further proceedings on all remaining issues.

Workers' Compensation Appeals Boardindustrial injurybus driveraltercationinitial physical aggressorLabor Code section 3600(a)(7)course of employmentunauthorized conductCode of Conductcitizen's arrest
References
Case No. ADJ7505154
Regular
Nov 18, 2011

LATONYA SIMS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board granted reconsideration to rescind an earlier finding that applicant LaTonya Sims sustained an injury arising out of and in the course of employment. The Board determined that the robbery and assault were not sufficiently connected to her employment as a bus operator. Citing case law, the Board concluded that personal assaults, such as this robbery for the applicant's purse and cash, do not arise out of employment when the employment merely provides a stage for the event and the assailant's motive is purely personal. Therefore, the applicant's claim was denied.

Workers' Compensation Appeals BoardLatonya SimsLos Angeles County Metropolitan Transportation Authoritybus operatorinjury arising out of employmentinjury in course of employmentpersonally motivated robberygoing and coming rulethird-party assaultbunkhouse rule
References
Case No. ADJ17614232
Regular
Apr 14, 2025

CINDY CHEN vs. DTG OPERATIONS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant DTG Operations' petition for reconsideration of a Findings and Order (F&O) from January 16, 2025. The WCJ initially found that the defendant's statute of limitations defense failed because the applicant, Cindy Chen, was unaware her pain was work-related and the employer did not provide required notices. The Appeals Board affirmed the WCJ's decision, concluding that the defendant did not meet its burden to prove the statute of limitations defense nor did it provide the requisite notifications to the applicant regarding her workers' compensation rights. The case involved a cumulative injury claim filed by a bus driver.

Statute of LimitationsAOE/COEDWC-1 formPetition for ReconsiderationReport and RecommendationWCJLabor Code section 5405(a)cumulative injurydate of injurycompensable disability
References
Case No. ADJ4198621 (VNO 0495392)
Regular
Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage
References
Case No. ADJ9813999
Regular
Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE
References
Case No. GRO 024430
Significant
Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption
References
Case No. ADJ2403362 (MON 0247582) ADJ2066217 (MON 0306486)
Regular
Apr 25, 2011

EMILIA MENDOZA vs. LACMTA, THE TRAVELERS INS. CO., LOS ANGELES METROPOLITAN AUTHORITY, CONSTITUTION STATE SERVICES COMPANY

The Workers' Compensation Appeals Board affirmed the disallowance of lien claimant Care Center Rehabilitation and Pain Management's (LC) lien for unpaid medical treatment. LC failed to file a required fictitious business name statement and could not prove the treatment was reasonable and necessary. However, the Board reversed the order for LC to pay restitution to the defendants, finding they failed to meet their burden of proof for unjust enrichment.

Workers' Compensation Appeals BoardEmilia MendozaLACMTAThe Travelers Insurance CompanyConstitution State Services Companylien claimantCare Center Rehabilitation and Pain Managementindustrial injuriesneck and shouldersbus operator
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
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