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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7688671; ADJ8112129
Regular
Apr 14, 2025

ZACHARY BAZILIUS vs. CITY OF TORRANCE

Applicant Zachary Bazilius and defendant City of Torrance each sought reconsideration of Findings and Order concerning a serious and willful claim under Labor Code section 4553. The WCJ had previously found a violation but deemed it settled by a civil agreement. The Appeals Board rescinded the prior Findings and Order, determining that the WCAB holds exclusive jurisdiction over Section 4553 claims and that civil settlements cannot settle such claims without WCAB approval. The Board also noted that the civil release explicitly excluded workers' compensation claims. The matter is returned to the WCJ for further proceedings to determine if the defendant's conduct constituted a serious and willful violation.

Workers' Compensation Appeals BoardLabor Code Section 4553Serious and Willful MisconductCivil SettlementJurisdictionReconsiderationFindings and OrderExclusive JurisdictionIncreased CompensationCivil Action
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. SAC 293290
Regular
Feb 21, 2008

WILLIAM MENDOZA vs. LEE CUNEO dba THE BODY SHOP, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration to address the Uninsured Employers Benefits Trust Fund's (UEBTF) contentions. While affirming the award of retroactive vocational rehabilitation maintenance allowance (VRMA) at the delay rate, the Board amended the original order to allow the UEBTF credit for wages earned by the applicant as a property manager and for his net recovery in a third-party civil action against the uninsured employer. This credit will reduce the UEBTF's liability for the VRMA.

UEBTFVRMAdelay ratecredit for wagescivil action recoveryLabor Code section 139.5Labor Code section 4909property manager earningsthird party actionnet recovery
References
Case No. ADJ9700517
Regular
Oct 05, 2018

JEANNE WILLIAMS vs. CITY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.

Workers' Compensation Appeals BoardPSYCHE INJURYGOOD FAITH PERSONNEL ACTIONLABOR CODE §3208.3(H)TEMPORARY DISABILITYPANEL QUALIFIED MEDICAL EVALUATOR (PQME)DR. ELATROZYROLDA ANALYSISSUBSTANTIAL CAUSELAWFUL PERSONNEL ACTION
References
Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ11183246
Regular
Aug 19, 2019

RAY MASBAD vs. FOLSOM STATE PRISON, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration in this case. The applicant successfully proved an industrial psychiatric injury, and the defendant failed to demonstrate it was caused by lawful, good faith personnel actions. Since the applicant did not challenge the judge's findings, the Board affirmed the compensability of the injury. Consequently, the petition for reconsideration was dismissed.

Petition for ReconsiderationIndustrial InjuryPsycheLawful Personnel ActionsGood Faith Personnel ActionsDiscriminatory Personnel ActionsCompensable InjuryWCJ OpinionLegally Correct FindingsAggrieved Applicant
References
Case No. ADJ10221687
Regular
Nov 13, 2020

LEONORE MUNOZ vs. DEPARTMENT OF CORRECTIONS

Here's a summary of the case for a lawyer in four sentences: The Appeals Board reversed a Workers' Compensation Judge's decision, finding that the applicant's psychiatric injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions. While the applicant experienced distress from work-related events, including a counseling memo and an email announcing a meeting, the Board determined that the email was not a "personnel action" under Labor Code section 3208.3(h). Therefore, the employer's defense that the injury stemmed solely from such actions failed, making the psychiatric injury compensable. The Board rescinded the prior order and substituted a finding that the injury is compensable and not barred by the personnel action defense.

Workers' Compensation Appeals BoardPsychiatric InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)ReconsiderationCausationPQMEIndustrial StressorsCounseling MemoPersonnel Action
References
Case No. ADJ6743889
Regular
Sep 14, 2012

ALAN WAY vs. CUMMINS CAL PACIFIC, LLC, ZURICH INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding that he did not sustain an industrial psychiatric injury. The Board affirmed the judge's decision that the employer successfully proved the affirmative defense under Labor Code section 3208.3. This defense applies when a psychiatric injury is substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board found that the applicant's numerous disciplinary actions, including warnings and demotions, constituted such actions and were a predominant cause of his alleged injury.

Labor Code 3208.3Psychiatric injuryIndustrial injuryPersonnel actionPredominant causeSubstantial causeGood faith personnel actionBurden of proofPetition for reconsiderationFindings and Order
References
Case No. ADJ3694053 (SJO 0239468) MF ADJ2554333 (SJO 0247822)
Regular
Jan 27, 2017

JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCivil Case SettlementGeneral ReleaseWorkers' Compensation BenefitsDouble RecoveryCredit for Civil RecoveryIndustrial InjuryCardiovascular System
References
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