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

Case No. ADJ2778117 (RIV 0032584)
Regular
Dec 31, 2009

KEYIN MORALES vs. RALPHS GROCERY CO., SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted the petition for reconsideration and amended the Findings and Award to find 18 1/2 percent permanent disability, after apportionment of 50 percent to applicant's non-industrial peripheral neuropathy.

ApportionmentPeripheral neuropathyCausationPermanent disabilityAgreed medical examinerWCJPetition for reconsiderationFindings and AwardWork restrictionsIndustrial injury
References
4
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
11
Case No. MISSING
Regular Panel Decision
Jun 04, 2001

Claim of Keeley v. Jamestown City School District

The claimant, a teacher for Jamestown City School District, experienced various symptoms after renovations at the middle school in 1992, attributing them to chemical exposure. After stopping work and seeking medical attention, the School District filed a C-2 form. However, a Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board disallowed the claim, finding that the claimant failed to prove a causal relationship between the disability and employment. The record showed exposure to carpet adhesives and ventilation issues, but also noted the claimant's intermittent symptoms since 1988 and recurrence with household cleaners. While some medical experts diagnosed toxic peripheral neuropathy, toxic encephalopathy, and multiple chemical sensitivity, and linked them to work exposure, other experts disagreed. The Board weighed these conflicting medical opinions. The court affirmed the Board’s decision, concluding that substantial evidence supported the finding that no causal relationship was established.

Workers' CompensationCausally Related DisabilityChemical ExposureSchool RenovationsToxic Peripheral NeuropathyToxic EncephalopathyMultiple Chemical SensitivityConflicting Medical OpinionsBurden of ProofMedical Evidence
References
5
Case No. ADJ3744023
Regular
May 15, 2009

JOSEPH CRABTREE vs. MITCHELL BERMAN CABINET MAKER, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of an award finding an industrial injury to the applicant's abdomen/groin (hernia) and a resulting peripheral nerve injury causing 24% permanent disability. The defendant argued the peripheral nerve injury was not supported and the disability rating was incorrect due to misapplication of the AMA Guides. The Board denied reconsideration, adopting the judge's report and finding that the medical evidence supported the peripheral nerve injury and the AMA Guides were correctly applied. The Board found the agreed medical evaluator's conclusions were well-reasoned and supported by the evidence.

Workers Compensation Appeals BoardIndustrial InjuryHerniaPeripheral Nerve InjuryPermanent DisabilityAgreed Medical Evaluator (AME)AMA GuidesPetition for ReconsiderationMedical EvidenceWCJ
References
4
Case No. ADJ8935299
Regular
Jan 03, 2014

DAVID LOW vs. FEDERAL EXPRESS; Permissibly Self-Insured, Administered By SEDGWICK CMS

This case concerns a FedEx driver who sustained injuries from a fall on the employer's premises during an unpaid lunch break. The Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury was industrial. The injury, resulting from an idiopathic coughing fit and subsequent fall on the employer's property, is compensable under the "personal comfort doctrine" and established case law regarding idiopathic falls on premises. The board affirmed that such injuries occurring on employer premises are compensable even if caused by non-work-related conditions.

AOE/COEunpaid lunch breakemployer's premisesidiopathic conditionpersonal comfort doctrineWCJPetition for ReconsiderationReport and RecommendationCounty of Contra Costa v. RamirezOrrala v. Harris Ranch
References
10
Case No. MISSING
Regular Panel Decision

Matter of Quigley v. Concern for Independent Living

Claimant sustained injuries to her left arm and wrist in an unwitnessed fall at work and was awarded workers' compensation benefits. The Workers' Compensation Board affirmed this decision, and the full Board subsequently affirmed, prompting an appeal by the employer and its carrier. The employer contended the accident was due to an idiopathic condition, citing the claimant's use of a cane for balance and her inability to identify a work-related cause for the fall. However, the Board credited the claimant's testimony that she did not know the cause of her fall, deeming her statements about losing balance or footing as general descriptions rather than proof of a non-work-related incident. Given the absence of medical opinions linking the fall to idiopathic reasons, the appellate court affirmed the Board's decision, finding substantial evidence supported the Board's conclusion that the employer failed to rebut the statutory presumption that the accident arose out of employment.

Workers' Compensation Law § 21Work-Related InjuryIdiopathic ConditionPresumption of CompensabilitySubstantial EvidenceAppellate ReviewCredibility DeterminationUnwitnessed AccidentFall at WorkWorkers' Compensation Board
References
7
Case No. MISSING
Regular Panel Decision

Claim of Zobel v. Chemung County

Claimant, a correction officer, sustained a torn medial meniscus in his right knee when turning to enter an elevator while completing his shift. He applied for workers’ compensation benefits, which the employer controverted, arguing the injury was idiopathic. A Workers’ Compensation Law Judge and the Board found the injury work-related, awarding benefits. The Appellate Division affirmed this decision, citing substantial evidence. They noted the claimant’s testimony, corroborated by an independent medical examiner, supported the finding that the injury resulted from a workplace accident.

Work-Related InjuryMedial Meniscus TearCorrection OfficerCourse of EmploymentIdiopathic DefenseSubstantial EvidenceAppellate AffirmationMedical Examiner ReportKnee InjuryElevator Accident
References
6
Case No. ADJ8878991
Regular
Jan 31, 2014

JAY SCHETTLER vs. ALLIED BEVERAGES, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's finding of injury. The applicant, a route salesman, claimed he stepped on glass, injuring his left foot, which was corroborated by medical records showing a cut and the applicant's delayed awareness due to diabetic neuropathy. Defense witness testimony also supported the applicant's claim of cutting his toe at work. The Board found the applicant's testimony credible and the medical evidence sufficient to establish the injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factterritory route salesmanmechanism of injurydiabetic neuropathycredibilitymedical recordsReport and Recommendationurgent care
References
1
Case No. ADJ4052884 (AHM 0136124) ADJ6520242
Regular
Feb 20, 2014

EMILIO EDDIE ROMERO (Deceased) SARA ROMERO (Widow) vs. CLOROX PRODUCTS MANUFACTURING

The Appeals Board granted the defendant's petition for removal, rescinding an order to replace a Qualified Medical Evaluator (QME). The WCJ had terminated the QME believing his partial review and stated refusal to review more records showed prejudgment on causation. However, the Appeals Board found it premature to disqualify the QME, noting his opinion of idiopathic pulmonary fibrosis as an unknown cause of disease could render additional MSDS irrelevant if correct. The Board ordered a deposition of the QME to explore his opinions and any alleged bias before deciding on a replacement, allowing further record development.

Petition for RemovalPQMEPanel Qualified Medical EvaluatorCausationIdiopathic Pulmonary FibrosisMaterial Safety Data SheetsMSDSSubstantial Medical EvidenceDepositionMcDuffie v. Los Angeles County Metropolitan Transit District
References
1
Case No. MISSING
Regular Panel Decision

Matter of Oathout v. Averill Park Central Schools

A custodial worker, referred to as the claimant, sustained a metatarsal fracture in her right foot while working. She applied for workers' compensation benefits, which the Workers’ Compensation Board initially awarded. The employer and its workers' compensation carrier appealed, arguing the injury was an idiopathic condition and not work-related. The Board affirmed the benefits, crediting the claimant's testimony and finding the employer failed to rebut the statutory presumption of work-relatedness. The employer's subsequent request for reconsideration was denied. This court affirmed the Board's decisions, concluding that substantial evidence supported the finding that the injuries arose out of and in the course of claimant's employment.

Workers' CompensationFoot InjuryMetatarsal FractureCustodial WorkCompensable InjuryIdiopathic ConditionStatutory PresumptionSubstantial EvidenceAppellate ReviewBoard Decision
References
5
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