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

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The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found that the applicant, a deputy sheriff, did not sustain industrial injury from a stroke.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
6
Case No. ADJ12288761
Regular
Dec 29, 2020

MICHAEL GOMEZ vs. CALIFORNIA INSTITUTION FOR WOMEN, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 62% permanent disability for a correctional officer with cumulative trauma. The core issue was whether Left Ventricular Hypertrophy (LVH), found by a QME, constituted "heart trouble" under Labor Code section 3212.2, triggering a presumption of industrial injury. The Board affirmed the WCJ's decision, relying on prior case law and expert medical opinions that LVH, even if minor, qualifies as "heart trouble" for purposes of the presumption. Defendant's arguments that LVH was not "heart trouble" and that medical opinions were contradicted were rejected as insufficient to rebut the presumption.

Workers' Compensation Appeals BoardCalifornia Institution for Womencorrectional officercumulative traumainternal organshypertensionGERDheart trouble presumptionLabor Code section 3212.2Left Ventricular Hypertrophy
References
13
Case No. ADJ9430358
Regular
May 20, 2015

GARY HALL vs. COUNTY OF LAKE, Permissibly Self-Insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's claim for cumulative heart injury was not barred by the statute of limitations, res judicata, or collateral estoppel. The Board determined that previous medical opinions concluding the applicant had no heart trouble did not address the current claim of manifestation of heart trouble within the statutory presumption period for deputy sheriffs. Therefore, the case was returned to the trial level for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardDeputy SheriffCumulative TraumaStatute of LimitationsCollateral EstoppelRes JudicataMedical-Legal EvaluationsHeart InjuryLabor Code Section 3212.5Agreed Medical Examiner
References
4
Case No. ADJ7494670
Regular
Jun 01, 2012

JOSEPH CURRAN, Deceased, JERI CURRAN, Spouse vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that the deceased firefighter, Joseph Curran, suffered a heart injury arising out of and in the course of employment. The Board affirmed that the Labor Code Section 3212 heart trouble presumption applied. The defendant failed to rebut this presumption by demonstrating that a contemporaneous non-work-related event was the *sole* cause of the heart trouble. Dr. Bellinger's testimony, while stating the presumption was necessary, did not affirmatively prove exclusive non-industrial causation.

Labor Code 3212heart trouble presumptionindustrial causationrebutted presumptionanti-attribution clausesole causenonwork-related eventcumulative injuryfirefighterdeath benefits
References
5
Case No. ADJ8254799
Regular
Apr 21, 2014

TERRY MILLER vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to find that correctional officer Terry Miller sustained an industrial heart injury, not just hypertension, based on Labor Code section 3212.2's presumption for heart trouble in correctional officers. The WCAB overturned the judge's decision to apportion the injury, ruling that Labor Code section 4663(e) prohibits apportionment for injuries covered by the heart trouble presumption. Consequently, Miller was awarded an unapportioned 60% permanent disability rating, an increase from the original 51%.

Labor Code section 3212.2heart trouble presumptioncorrectional officerleft ventricular hypertrophycumulative traumaindustrial hypertensionunapportioned awardpermanent disabilityWasco State PrisonState Compensation Insurance Fund
References
4
Case No. ADJ2618279
Regular
Feb 11, 2011

Jon Vinson vs. CITY OF GLENDALE

This case involves Jon Vinson, a former firefighter for the City of Glendale, seeking reconsideration of a previous Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously reversed an administrative law judge's finding, ruling that Vinson did not sustain an industrial cumulative trauma injury to his pulmonary system or heart. This decision was based on a lack of substantial medical evidence proving heart trouble within the 60-month window required for the Labor Code Section 3212 heart trouble presumption. Vinson argues the prior decision relied on an incorrect legal theory, thus denying him due process. The WCAB denied Vinson's petition, re-affirming their conclusion that he failed to meet his burden of proof for an industrial injury.

WCABVinsonCity of GlendaleReconsideration DeniedLabor Code 3212Heart Trouble PresumptionPulmonary System InjuryCumulative TraumaFirefighter InjuryMedical Evidence
References
0
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
7
Case No. MISSING
Regular Panel Decision

Bauer v. Female Academy of the Sacred Heart

This case concerns Keith Bauer, a window cleaner, who was severely injured after falling from a third-story window while working for Environmental Service Systems at the Female Academy of the Sacred Heart. The accident occurred due to a safety hook becoming stuck on a square anchor, which violated Industrial Code standards. The primary legal issues were whether claims under Labor Law § 202 and Labor Law § 240 (1) could coexist, and if Labor Law § 202 imposed strict liability or comparative negligence. The Court of Appeals held that both Labor Law claims can be pursued simultaneously and determined that Labor Law § 202 is a comparative negligence statute, not a strict liability one. The court modified previous rulings by reinstating the plaintiff's Labor Law § 240 (1) claim for further proceedings, while affirming the comparative negligence approach for the Labor Law § 202 claim.

Window Cleaner InjuryLabor LawStrict LiabilityComparative NegligenceSafety AnchorsIndustrial Code ViolationConstruction SafetyThird-Party ActionStatutory InterpretationAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Missionary Sisters of the Sacred Heart, Inc. v. Dowling

This nonpayment proceeding addresses respondents Robert and Jessica Dowling's motion to dismiss, alleging petitioner Missionary Sisters of the Sacred Heart, Inc. failed to comply with the Fair Debt Collection Practices Act (FDCPA). The court examined whether the rent demand and the petition constituted 'communications' under the FDCPA, ultimately concluding they did not violate the Act's provisions in this context. Furthermore, the court determined that even if an FDCPA violation occurred, it would not serve as a defense to the underlying eviction proceeding. The decision also rejected the argument that state law (RPAPL) is preempted by federal FDCPA, finding that the two can be reconciled. Consequently, the court denied the respondents' motion to dismiss in its entirety.

FDCPADebt CollectionNonpayment ProceedingRent DemandMotion to DismissStatutory PenaltiesPreemption DoctrineCreditor-Debtor RelationsSummary EvictionFormal Pleadings
References
22
Case No. ADJ11604315
Regular
Mar 20, 2023

JOSEPH HERNANDEZ vs. PLEASANT VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILATION, STATE COMPENSATION INSURANCE FUND

This case concerns Joseph Hernandez's workers' compensation claim for heart trouble against Pleasant Valley State Prison. The applicant's claim was initially denied but subsequently granted after reconsideration. The defendant's Petition for Reconsideration was denied by the Appeals Board. The core issue revolved around the timing of the applicant's hypertension diagnosis, with the defense relying on a non-existent medical record to establish it as pre-existing. The Board found the defendant failed to rebut the statutory heart trouble presumption for correctional officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedADJ11604315Pleasant Valley State PrisonCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundJoseph HernandezCorrections Officer
References
7
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