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

Case No. EUR 0038452
Regular
Jun 27, 2008

IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's Hepatitis C claim was not time-barred. The Board determined that the applicant knew or should have known her Hepatitis C was work-related by September 1993, based on medical records and her own testimony, establishing the date of injury. Consequently, the Board ruled her claim, filed in 2004, was barred by the five-year statute of limitations (Labor Code § 5410) as it was filed well after the 1998 deadline.

Hepatitis CNurseNeedle stick injuryDate of injuryStatute of LimitationsLabor Code Section 5412Labor Code Section 5410Medical treatmentDisabilityKnowledge of causation
References
Case No. EUR 0038527
Regular
Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness
References
Case No. LAO 0869935
Regular
Nov 13, 2007

SANTIAGO J. OJEDA, JR. vs. LONG BEACH COMMUNITY HOSPITAL, AIG INSURANCE

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding an applicant's hepatitis C injury. The Board found that the employer failed to meet its burden of proof on apportionment, as they presented no evidence of prior orthopedic injuries or their overlap with the applicant's current disability. The WCAB adopted the WCJ's report, which adequately addressed the employer's arguments and affirmed the original findings and award.

Workers' Compensation Appeals BoardCumulative TraumaHepatitis CPermanent DisabilityApportionmentOverlapLabor Code Section 4664(b)Kopping v. Workers' Comp. Appeals Bd.Compromise and ReleaseLabor Code Section 4663
References
Case No. ADJ304116 (SAC 0358832)
Regular
Mar 18, 2010

Bruce Balling vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

This case involves Bruce Balling's petition for reconsideration of a prior denial of his workers' compensation claim for Hepatitis C. The Appeals Board dismissed his petition because it was filed **untimely**, exceeding the jurisdictional 25-day deadline. Even if it had been timely, the petition would have been dismissed as **successive**, as it sought reconsideration of a prior denial of reconsideration. Balling's arguments regarding industrial origin and unfair trial were therefore not addressed on their merits.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissalUntimelySuccessive PetitionIndustrial OriginHepatitis CUnethical BehaviorJurisdictionalWrit of Review
References
Case No. ADJ4394929
Regular
Jan 27, 2011

Brenda Dulac vs. Sunnyside Rehab & Nursing Center, Gambro Healthcare, ESIS, CIGA

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that denied the applicant's claim for industrial injury. The applicant alleges exposure to Hepatitis C during employment at Sunnyside Rehabilitation Center and Gambro Healthcare. The WCAB found that the medical record was not adequately developed, particularly concerning exposures at Sunnyside. Therefore, the case is returned to the trial level for further development of the medical record and a new decision.

Workers' Compensation Appeals BoardBrenda DulacSunnyside Rehab & Nursing CenterGambro HealthcareESISCIGAindustrial injuryhepatitis Coccupational diseasemedical evidence
References
Case No. ADJ295703 (ANA 0301797) ADJ4701843 (ANA 0301798)
Regular
Jun 04, 2013

MARLENE RASK vs. FOUNTAIN VALLEY REGIONAL HOSPITAL, PACIFICA HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY

This Workers' Compensation Appeals Board case involves Marlene Rask's claim for cumulative trauma from Hepatitis C, sustained while employed as a registered nurse. The original award found 10.5% permanent disability, but both the applicant and defendant Travelers contested this. The Board rescinded the prior award because the administrative law judge did not adequately clarify the date of injury for the cumulative trauma claim. The matter is returned to the trial level for further proceedings to determine this crucial date.

Workers' Compensation Appeals BoardMarlene RaskFountain Valley Regional HospitalPacifica HospitalTravelers Property Casualty CompanyADJ295703ADJ4701843Long Beach District OfficeOpinion and Decision After ReconsiderationJoint Findings and Award and Order
References
Case No. ADJ2927671 (SAC 0293121)
Regular
Apr 18, 2012

JAYNA POPOVICH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant diagnosed with Hepatitis C, an insidious disease, who filed a workers' compensation claim. A 2002 stipulation extended the Workers' Compensation Appeals Board's (WCAB) jurisdiction beyond five years for an insidious disease, but was interpreted by the WCAB to apply only to permanent disability. The Court of Appeal annulled the WCAB's denial of temporary disability benefits, holding the applicant suffered no disability until 2010, thus the statute of limitations began to run then. Consequently, the WCAB granted reconsideration, rescinded the prior order, and returned the case for further proceedings on the merits of the temporary disability claim.

Workers' Compensation Appeals BoardRemittiturCourt of AppealAnnulledOrder Denying ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeTemporary Disability BenefitsJurisdictionDate of Injury
References
Case No. ADJ 1478335 (SAC 0317387)
Regular
Mar 24, 2009

GILROY SMITH (Deceased), ILIANA SMITH, ET AL. vs. RIO LINDA UNIFIED SCHOOL DISTRICT, and LIBERTY MUTUAL INSURANCE COMPANY

This case involves a deceased food service worker, Gilroy Smith, whose dependents, Iliana Smith et al., sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award after the employer, Rio Linda Unified School District, and the applicants filed petitions. The WCAB ultimately affirmed the original award, which found the admitted industrial injury caused 39% permanent disability and death due to an aggravation of hepatitis C. The employer's contention that the injury did not cause death was rejected, and the applicants' claim for temporary disability was also affirmed implicitly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityDeath BenefitsHepatitis CQualified Medical EvaluatorIndustrial InjuryFood Service WorkerTemporary Disability IndemnitySubstantial Evidence
References
Case No. ADJ966838 (SJO 0266465)
Regular
Jun 18, 2012

LOLA ROBINSON vs. SHELTER NETWORK, SUBSEQUENT INJURIES FUND of the STATE OF CALIFORNIA

The Workers' Compensation Appeals Board affirmed a prior award for applicant Lola Robinson against the Subsequent Injuries Benefits Trust Fund (SIBTF). The award compensated her for a combined permanent disability of 78%, stemming from a subsequent industrial injury to her upper extremity and pre-existing conditions of hepatitis C and a hysterectomy. The Board found that medical evidence established pre-existing whole person impairments from these conditions, meeting the "labor disabling" threshold for SIBTF benefits. The Board held that the physician's ratings under the AMA Guides constituted prima facie evidence of pre-existing impairment, which the SIBTF failed to rebut.

Subsequent Injuries FundSIBTFHepatitis CHysterectomyPermanent Partial DisabilityLabor DisablingAMA GuidesWhole Person ImpairmentWCJReconsideration
References
Case No. ADJ8672614
Regular
Aug 07, 2015

ROBERT OSBORN vs. COUNTY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATORS

This case involves Robert Osborn, a correctional sergeant, who filed a workers' compensation claim for Hepatitis C contracted in 2006. The County of Fresno is challenging the finding that the presumption of injury under LC 3212.8 applies to a correctional sergeant, arguing the applicant did not prove specific exposure or that the injury was work-related. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's report which found the presumption applicable to the applicant's role. The WCJ determined that correctional sergeants are engaged in "active law enforcement" and that LC 3212.8 does not require proof of specific exposure, only that the disease manifested during service.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCorrectional SergeantHepatitis CPresumption of InjuryLC 3212.8Active Law EnforcementCustodial EmergenciesCumulative Trauma
References
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