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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3864552 (LAO 0788138)
Regular
Jan 03, 2011

ANTONIETA GUERRERO vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT In Liquidation

The Workers' Compensation Appeals Board granted reconsideration of a prior award due to insufficient analysis by the WCJ regarding the date(s) of cumulative trauma. The Board found the WCJ's decision lacked specific reference to evidence, particularly on whether multiple or a single period of cumulative trauma applied. The matter was returned to the trial level for further proceedings, a new decision, and adequate analysis of all contentions, including permanent disability and apportionment.

Cumulative traumaOveruse syndromeFibromyalgiaPsyche injuryPermanent total disabilityApportionmentAttorney feesFindings and AwardReconsiderationWCJ
References
Case No. ADJ7332241
Regular
Jun 30, 2011

Jesus Hernandez vs. JCB CLARK ENTERPRISES INC, U.S. FIRE AND GUARANTY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Jesus Hernandez's petition for reconsideration, affirming the WCJ's decision that he failed to meet his burden of proof for a cumulative trauma injury ending March 17, 2007. The applicant argued that prior injuries and a doctor's report supported his claim for a longer period, but the Board found his arguments unpersuasive. A dissenting commissioner believed the case should be returned for further proceedings on orthopedic cumulative trauma claims due to disputed employment periods and available evidence.

Cumulative TraumaPetition for ReconsiderationFindings and AwardWorkers' Compensation Administrative Law Judge (WCJ)Burden of ProofIndustrial Cumulative TraumaPast Industrial InjuryMedical EvidenceSubstantial Medical EvidenceFaulty History
References
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
Case No. ADJ1936857
Regular
Jul 08, 2010

Robert Terrazas vs. COMPUSA, Westmont College, Zurich Los Angeles, COMPWEST Newport Beach

The Workers' Compensation Appeals Board (WCAB) amended a prior award concerning Robert Terrazas's cumulative trauma knee injury. The WCAB corrected the cumulative trauma injury date to February 25, 2008, establishing liability for employers during the final year of exposure, specifically Westmont College and COMPUSA. Apportionment of disability was confirmed, but the division of liability and reimbursement between the two employers was deferred pending mandatory arbitration. The WCAB also admonished Westmont's counsel for violating procedural rules in their petition for reconsideration.

Cumulative traumaSpecific injuryApportionmentDate of injuryContinuous traumaLeft kneePermanent disabilityIndustrial exposureEmployer liabilityContribution
References
Case No. ADJ6550186
Regular
Mar 18, 2013

KELVIN EDWARDS vs. DALLAS COWBOYS, TRAVELERS INDEMNITY COMPANY AND ITS CASUALTY AFFILIATES AND SUBSIDIARIES, SAN FRANCISCO 49ERS, NATIONAL UNION FIRE INSURANCE COMPANY, CHARTIS CLAIMS, INC.

This case involves a cumulative trauma injury claim by former professional football player Kelvin Edwards. The Workers' Compensation Appeals Board (Appeals Board) affirmed the finding of a single cumulative trauma injury to multiple body parts, rejecting the defendant's argument for apportionment to different employers and dates of injury. The Appeals Board also reversed the award of a Labor Code section 5814 penalty against the San Francisco 49ers, finding their delay in paying benefits was not unreasonable. The applicant's entitlement to permanent disability and future medical treatment, as initially awarded, remains in place.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaPermanent DisabilityLabor Code Section 5500.5Injurious ExposureApportionmentLabor Code Section 5814PenaltyUnreasonable Delay
References
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
Case No. ADJ460520 (SAL 0101308)
Regular
Feb 22, 2010

Joaquin Borges vs. COUNTY OF SANTA CRUZ

The Workers' Compensation Appeals Board granted reconsideration to reverse a finding that applicant Joaquin Borges sustained a cumulative trauma injury from asbestos exposure while employed by the County of Santa Cruz in 1989, resulting in colorectal cancer. The Board found insufficient substantial medical evidence to establish causation, noting Dr. Duncan's opinion relied on an inaccurate exposure history and lacked a clear dose-response analysis for non-asbestos worker exposure. The matter is returned to the trial level to determine if applicant is entitled to a presumption of injury under Labor Code section 3212.1.

Cumulative traumaAsbestos exposureColorectal cancerIndustrial injuryMedical probabilityExposure assessmentLatency periodDose-response relationshipPeace officer presumptionLabor Code section 3212.1
References
Case No. ADJ8939849
Regular
Jan 04, 2016

GEORGE KIMMEL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for hearing loss. The applicant, a former correctional officer, alleged injury from a 1978 bomb blast and cumulative trauma from noise exposure throughout his career. The Workers' Compensation Appeals Board (WCAB) rescinded the initial award finding a cumulative trauma injury with a 2014 date of injury. The WCAB determined the case involves potential specific and cumulative injuries, requiring further development of the record regarding the date of injury, last injurious exposure, and the exact nature of the injuries. The matter was returned to the trial level for these further proceedings.

Cumulative traumaStatute of limitationsLachesDate of injurySpecific injuryTinnitusHearing lossQualified Medical ExaminerImprovised explosive deviceMatch bomb
References
Case No. ADJ7050517
Regular
Jun 16, 2010

Gary Tull vs. YOUNGS MARKET, Permissibly Self-Insured Administered By CANNON COCHRAN MANAGEMENT SERVICES

This case concerns an applicant claiming cumulative trauma injury to his right knee. The WCJ denied the claim, finding the Panel QME's report insufficient to establish cumulative trauma. The Appeals Board granted reconsideration, noting the PQME found an injury and work-related causation but incorrectly characterized it as a specific injury on a particular date. The Board remanded the case to develop the medical record, specifically directing a supplemental report from the PQME on the cumulative trauma aspect of the claim.

Cumulative traumaPanel Qualified Medical EvaluatorPQMEIndustrial injuryRight kneeFindings and OrderReconsiderationTake nothing orderSubstantial medical evidenceBurden of proof
References
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