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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6720899
Regular
May 15, 2012

MELISSA ROSAS vs. CITY OF SAN BERNARDINO POLICE DEPARTMENT, CITY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the City of San Bernardino Police Department's petition for reconsideration. The Board adopted the judge's report, which found the applicant, Melissa Rosas, sustained a compensable injury in the form of cancer. This decision was based on the applicant being a police officer exposed to known carcinogens and the presumption under Labor Code § 3212.1 not being rebutted by the defense. The judge found the applicant's treating physician's opinion on variable cancer latency periods more persuasive than the defense expert's.

Labor Code § 3212.1cancer presumptionpolice officercarcinogen exposurebenzenecigarette smokegasoline fumesauto accidentsvehicle firesresidence fires
References
Case No. ADJ10403328
Regular
Jun 18, 2019

MAURILIO GONZALEZ vs. LKQ CORPORATION DBA PART; ACE AMERICAN INSURANCE, DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding denying applicant's claim for a respiratory injury. The Board found the Qualified Medical Evaluator's opinion insufficient to establish lack of causation, as it failed to adequately address applicant's work exposures to fumes and dust from dismantling vehicles. The Board remanded the case for further development of the record regarding the extent of applicant's occupational exposures, particularly when not provided a mask. Fraud allegations regarding the defendant's delay in medical authorization were not addressed as they were not properly raised in the trial record.

Cumulative traumaRespiratory systemIndustrial injuryCatalytic convertersToxic fumesOccupational exposuresSubstantial medical evidenceQME opinionFraudulent delayCausation
References
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
Case No. LAO 801322
Regular
May 23, 2008

O.C. MARSHALL (Deceased) JENNIFER MARSHALL (Widow) vs. ARCO/BRITISH PETROLEUM; ESIS

This case concerns a widow's appeal of a denial of workers' compensation benefits for her husband's death. The Administrative Law Judge (ALJ) denied benefits, finding the death was due to natural causes and not his employment as a pipe fitter for Arco/British Petroleum. The Workers' Compensation Appeals Board affirmed the denial, finding the applicant's medical expert's opinion lacked substantial evidence due to an inaccurate history and incomplete analysis of the decedent's medical records and family history.

Workers Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeQualified Medical EvaluatorQMEatherosclerotic diseasehypertension
References
Case No. ADJ4167440 (SBR 0304112)
Regular
Dec 29, 2008

ALEJANDRO SANCHEZ vs. AUTOMOTIVE SUPPLY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order compelling discovery, deeming it interlocutory. However, they granted the defendant's petition for removal, rescinded the discovery order, and returned the case to the trial level. The Board found the original discovery requests for chemicals, MSDS, employee names, and machinery to be vague, overbroad, and improperly sought the compilation of information rather than existing records.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling Requested InformationSubpoena Duces TecumMSDSIndustrial InjuryCumulative ExposureChemicalsSolvents
References
Case No. ADJ11070005
Regular
Mar 17, 2020

Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationCancer PresumptionLabor Code 3212.1Agreed Medical ExaminerDr. Gary StewartSubstantial Medical EvidenceCity of Long Beach v. WCAB (Garcia)Diesel FumesProstate Cancer
References
Case No. ADJ2183666 (RDG 0113898) ADJ2837745 (RDG 0113903)
Regular
Sep 17, 2008

RONALD TYLER vs. REDDING LUMBER TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's reconsideration request regarding an admitted industrial injury to the applicant's lungs and respiratory system. The defendant argued for a lower permanent disability rating, claiming a misunderstanding of a stipulation regarding a prior 10% permanent disability award. The Board affirmed the original decision, finding the stipulation regarding the prior 10% award to be binding and unpersuasive of the defendant's interpretation.

WCABRedding Lumber TransportState Compensation Insurance FundRonald TylerADJ2183666ADJ2837745industrial injurylungsrespiratory systempulmonary system
References
Case No. VNO 0349083
Regular
Jul 30, 2007

JUAN MONTERROSO vs. MCALLISTER'S AUTO BODY, INC., CIGA For FREMONT INDEMNITY By CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing Pacific Compensation/CIGA and Reliance Insurance Company/CIGA from applicant Juan Monterroso's claim. The Board adopted the judge's report, which found that other insurance carriers were on the risk during the alleged period of injurious exposure. Therefore, CIGA was not liable for benefits under Insurance Code Section 1063.1(c)(9).

WORKERS' COMPENSATION APPEALS BOARDJUAN MONTERROSOMCALLISTER'S AUTO BODY INC.CIGAFREMONT INDEMNITYCAMBRIDGE INTEGRATED SERVICESORDER DENYING RECONSIDERATIONPetition for ReconsiderationAdministrative Law JudgeLabor Code §5903
References
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
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