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

Case No. ADJ669666 (MON 0318802)
Regular
Feb 22, 2011

JANE DOWDS vs. LONG BEACH UNIFIED SCHOOL DISTRICT, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the administrative law judge erred in applying the 1997 Permanent Disability Rating Schedule and failing to award additional disability for irritable bowel syndrome. The Appeals Board granted reconsideration, adopting the WCJ's recommendation to defer the issue of permanent disability related to irritable bowel syndrome and attorney's fees, reserving jurisdiction at the trial level. The rest of the original award was affirmed.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementFindings and AwardPermanent Disability Rating ScheduleIrritable Bowel SyndromeHypertensionReconsiderationDeferred IssueJurisdiction Reserved
References
0
Case No. VNO 0506664 VNO 0506924
Regular
Nov 06, 2007

MICHAEL SOUTH vs. CITY OF GROVER BEACH, CITY OF ATASCADERO

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition regarding two industrial injuries: irritable bowel syndrome and bilateral upper extremity injuries. While the Board noted the petition was timely filed, it adopted the WCJ's report which found no permanent disability for the irritable bowel syndrome based on the treating doctor's opinion. The Board also upheld the use of the 2005 Permanent Disability Rating Schedule for the upper extremity injury, as the applicant's medical reports predating January 1, 2005, did not establish permanent and stationary status or permanent disability.

Workers' Compensation Appeals BoardReconsideration DeniedIrritable Bowel SyndromeBilateral Medial EpicondylitisBilateral Cubital Tunnel SyndromePolice OfficerPermissibly Self-InsuredJoint PetitionTimely FiledPermanent Disability Rating Schedule
References
0
Case No. MISSING
Regular Panel Decision

Kaczor v. Vanchem, Inc.

Plaintiffs initiated an action for damages due to injuries allegedly sustained by Robert G. Kaczor from exposure to chemical fumes from Vanchem, Inc.'s facility. The Supreme Court erred by not dismissing the complaint against Van DeMark Chemical Co., Inc., a sister company, as there was no unity of interest between the entities. Furthermore, the court also erred in not dismissing the complaint against Vanchem regarding claims of liver damage, irritable bowel syndrome, and chronic fatigue syndrome. Defendants provided expert proof refuting the plaintiff's physician's opinion on causation, which lacked a generally accepted scientific basis. The order was modified, dismissing the complaint entirely against Van DeMark and partially against Vanchem for the specified injuries.

Chemical ExposurePhosgeneIsopropyl ChloroformateSummary JudgmentCorporate VeilUnity of InterestMedical CausationExpert TestimonyLiver DamageIrritable Bowel Syndrome
References
7
Case No. ADJ4585939 (VNO 0527178) ADJ2581067 (VNO 0527236)
Regular
Jan 02, 2014

KATHLEEN NUTT vs. TEHACHAPI VALLEY HEALTH CARE DISTRICT, ALPHA FUND

This Workers' Compensation Appeals Board (WCAB) decision granted reconsideration and affirmed a prior ruling, with a key amendment. The amendment expanded the applicant's entitlement to further medical treatment to cure and relieve the effects of her industrial psychiatric injury, hypertension, fibromyalgia, sleep disorder, and irritable bowel syndrome. The WCAB adopted and incorporated the administrative law judge's report into its decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJindustrial psychiatric injuryindustrial hypertensionfibromyalgiasleep disorderirritable bowel syndromefurther medical treatmentcure and relieve
References
0
Case No. ADJ7320474
Regular
Jun 08, 2015

XOCHILT GAMEZ vs. JP MORGAN CHASE & CO.; LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a petition to reopen for new and further disability related to a psyche and irritable bowel syndrome injury. The defendant argued the applicant did not sustain new and further disability, but the WCAB granted reconsideration. The Board amended the original findings to clarify that all outstanding issues, including permanent disability, are deferred with jurisdiction reserved. The WCAB affirmed the substance of the WCJ's decision, granting the petition to reopen for new and further disability.

new and further disabilityPetition to ReopenLabor Code section 5410Labor Code section 5803psyche injuryirritable bowel syndromepermanent disabilitytemporary partial disabilitywage lossjurisdiction reserved
References
0
Case No. ADJ3588877 (SAC 0332526)
Regular
Jul 19, 2011

Laurie Shreffler vs. Electronic Data System, Hewlett Packard, Travelers Insurance Company

In this Workers' Compensation Appeals Board decision, the Appeals Board reversed the finding that the applicant sustained an industrial injury related to diabetes. The Board adopted the WCJ's report, which favored Dr. Nishimura's medical opinion over Dr. Nacouzi's regarding the diabetes. While the award for temporary and permanent disability remains, the applicant is no longer entitled to industrial medical treatment for her diabetes. The decision otherwise affirmed the original award for injuries to the neck, low back, psyche, and irritable bowel syndrome.

Workers' Compensation Appeals BoardElectronic Data SystemHewlett PackardTravelers Insurance Companyindustrial injurylow backneckpsycheirritable bowel syndromediabetes
References
1
Case No. ADJ9169368, ADJ9178263
Regular
Nov 21, 2016

SCOTT BROWNLIE vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, amending a prior award. The Board removed apportionment for the applicant's irritable bowel syndrome and hemorrhoids disability, increasing the permanent disability from 41% to 45% because the medical evaluator's apportionment lacked sufficient reasoning. Additionally, the Board revised mileage reimbursement for medical treatment from 240 to 348 miles roundtrip, finding the employer's objection to the original travel distance was not adequately communicated regarding reasonable alternatives. The WCAB affirmed the original finding on GERD apportionment.

WCABPetition for ReconsiderationQualified Medical EvaluatorApportionmentSubstantial Medical EvidenceMileage ReimbursementLabor CodePermanent DisabilityCumulative InjuryPrimary Treating Physician
References
2
Case No. ADJ7783776
Regular
Nov 02, 2016

MARY ATANDA vs. TACO BELL/YUM! BRANDS, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Mary Atanda's industrial injuries. The WCJ had awarded temporary disability, permanent disability, and further medical treatment for admitted lumbar spine, neck, and knee injuries. However, the WCJ did not adequately explain the reasoning for denying claims for psychiatric injury, arm injury, circulatory system issues, headaches, or irritable bowel syndrome. Therefore, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings and a decision that sufficiently explains the grounds for determination.

WCABPetition for ReconsiderationFindings and AwardWCJAOE/COEorthopedic injurylumbar spineneckright shoulderright knee
References
1
Case No. ADJ477837 (RIV 0041432)
Regular
Oct 09, 2014

HOWARD POUND vs. CARS HOLDING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION

The Workers' Compensation Appeals Board affirmed a prior decision finding the applicant sustained industrial injury to his spine and irritable bowel syndrome, resulting in 60% permanent disability. The Board also upheld the denial of compensation for psychiatric injury, deeming the fall caused by balloon string not a "sudden and extraordinary employment condition." A dissenting opinion argued the event was uncommon and unexpected, thus compensable under Labor Code section 3208.3(d). The majority opinion found the WCJ's reasoning, that tripping on balloon string was not an event expected to cause psychic disturbances, to be sound.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionapportionmentpermanent disabilityindustrial injurycompensable injuryreconsiderationfindings and awardworkers' compensation
References
10
Case No. MISSING
Regular Panel Decision

Khan v. Bank of America, N.A.

Plaintiff Atif Khan sued Bank of America, N.A. alleging discrimination based on disability (Irritable Bowel Syndrome), national origin, and religion under the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964, along with retaliation for filing an EEOC complaint. The defendant moved for summary judgment. The court granted the defendant's motion, finding that Khan failed to provide sufficient evidence to establish a causal connection between his alleged disability or protected activities and his termination, or to show that the bank's legitimate, non-discriminatory reasons for his termination were pretextual. Consequently, the complaint was dismissed in its entirety.

ADATitle VIIEmployment DiscriminationRetaliation ClaimDisability RightsNational Origin DiscriminationReligious AccommodationIrritable Bowel SyndromeSummary Judgment MotionFederal Court Procedure
References
39
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