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

Case No. ADJ3104033 (OAK 0342486)
Regular
Dec 12, 2020

JAMES BARNES vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE OF CALIFORNIA

This case involves a correctional officer with stipulated industrial injuries to his heart, cardiovascular system, kidneys, sleep disorder, and psyche. The defendant sought reconsideration of an award of total permanent disability, arguing the presumption under Labor Code 3212.2 did not apply to the kidney condition and that apportionment was possible. The Appeals Board granted reconsideration, rescinded specific findings related to the kidney condition and presumption, but affirmed the total permanent disability award based on the combined effects of the presumed industrial heart trouble and admitted industrial kidney disease. The matter was returned to the trial level for further development of the record regarding the kidney issues and apportionment.

Workers' Compensation Appeals BoardDepartment of Corrections and Rehabilitationcorrectional officerindustrial injuryheart injurycardiovascular systemkidneyssleep disorderpsychetotal permanent disability
References
0
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. MISSING
Regular Panel Decision

Claim of Lopez v. Superflex, Ltd.

The claimant, suffering from acute bilateral kidney failure, filed a workers' compensation claim alleging causation by exposure to toxic chemicals at his workplace while painting and packing industrial hoses. The Workers’ Compensation Board initially denied the claim, asserting insufficient evidence of chemical exposure and lack of causal link. However, the appellate court found that the Board's decision was based on incorrect facts and lacked substantial evidence, highlighting that material safety data sheets confirmed kidney damage as a potential hazard of the chemicals used. Furthermore, the court noted that medical expert testimony supported causation, and an OSHA report, mischaracterized by the Board, did not disprove harmful exposure. Consequently, the appellate court reversed the Board’s decisions and remitted the matter for further proceedings, concluding that sufficient evidence supported the link between workplace conditions and the claimant's kidney failure.

Occupational diseaseKidney failureToxic chemical exposureWorkers' Compensation BoardAppellate reviewCausationMedical expert testimonyOSHA reportRemittedSubstantial evidence
References
11
Case No. 07-CV-2634; 07-CV-4841
Regular Panel Decision
Apr 05, 2010

Price v. Reilly

Plaintiff Anthony Price, a pro se inmate, alleged deliberate indifference to his serious medical needs at Nassau County Correctional Center, violating his Eighth Amendment rights under 42 U.S.C. § 1983. Price claimed incorrect medication dosage for renal disease, failure to be tested for a kidney transplant, and inadequate treatment for shoulder pain against Sheriff Edward Reilly, Kim Edwards, Perry Intal, Mary Sullivan, Dr. Benjamin Okonta, and Nassau University Medical Center. The court granted defendants' motion for summary judgment regarding the medication dosage and all claims against Sheriff Reilly. However, the motion was denied concerning the kidney transplant request and shoulder pain claims, as genuine issues of material fact remained. The court also addressed the exhaustion of administrative remedies, finding defendants failed to establish plaintiff's non-exhaustion for the kidney transplant claim.

Eighth AmendmentDeliberate IndifferenceMedical NeedsPrisoner RightsSummary JudgmentKidney DiseaseRenal FailureDialysisShoulder PainInmate Grievance
References
70
Case No. ADJ7648108
Regular
Sep 20, 2019

DOUGLAS HUSE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the WCJ's findings. The Board affirmed that a single physician's opinion can constitute substantial evidence, even if contradictory to other medical reports. Crucially, the Board noted that applicant's kidney cancer is a presumptive injury under Labor Code section 3212.1, precluding apportionment. Therefore, the applicant's claim for kidney cancer arising from his employment as a Sheriff's Sergeant was deemed valid and not barred by the statute of limitations.

WORKERS' COMPENSATION APPEALS BOARDCounty of San DiegoPermissibly Self-InsuredADJ7648108Petition for Reconsiderationsubstantial evidencemedical opinionsLabor Code section 3212.1presumptive injurykidney cancer
References
1
Case No. ADJ8518473
Regular
Apr 15, 2015

Gregory Oyler vs. COUNTY OF SONOMA, NORTHERN CLAIMS MANAGEMENT

Applicant sought workers' compensation for kidney cancer, invoking a presumption under Labor Code section 3212.1 due to alleged exposure to benzene as a deputy sheriff. The agreed medical evaluator opined that the cancer's established latency period (11-30+ years) and the applicant's history of tobacco use and hypertension rebutted this presumption. The Board affirmed the WCJ's finding that the presumption was rebutted, as the expert's opinion on latency and pre-existing risk factors constituted substantial evidence. Therefore, the applicant's claim for kidney cancer was denied compensation.

Workers' Compensation Appeals BoardGregory OylerCounty of SonomaNorthern Claims ManagementADJ8518473Deputy SheriffKidney CancerLabor Code section 3212.1Peace OfficerBenzene
References
0
Case No. ADJ11088696
Regular
Oct 27, 2020

ARCEL R. MANNING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's Petition for Reconsideration because the original Findings and Award lacked a summary of the evidence relied upon by the judge, preventing evaluation of the applicant's contentions. Specifically, the judge failed to properly document the method of combining orthopedic and internal impairment ratings or the application of the AMA Guides for hypertension and kidney disease. The case is returned to the trial level for further proceedings to develop the record and address these rating issues.

Petition for ReconsiderationFindings and AwardPermanent DisabilityLife PensionAMA Guides 5th EditionOrthopedic ImpairmentInternal ImpairmentHypertensionKidney DiseaseMedical Treatment
References
1
Case No. ADJ8150668
Regular
Aug 21, 2014

STEVEN JUDD vs. CITY OF DESERT HOT SPRINGS, CORVEL CORVEL CORPORATIONS

This case concerns Steven Judd's workers' compensation claim for kidney cancer. The Appeals Board affirmed the finding that Judd sustained an industrial injury as a peace officer, granting him the presumption of compensability under Labor Code section 3212.1. The Board found the cancer developed during his employment, satisfying the statute's requirements even though it manifested later. The defendant failed to rebut the presumption by proving no reasonable link between the carcinogens Judd was exposed to and his cancer.

Labor Code section 3212.1peace officerkidney cancercumulative traumapresumptioncarcinogenlatency periodmanifestationdevelopmentAgreed Medical Evaluator (AME)
References
13
Case No. ADJ9455268
Regular
Sep 07, 2018

MICHAEL HOLT vs. CONTRACTORS WARDROBE, TRAVELERS, YORK RISK SERVIES

The Workers' Compensation Appeals Board granted reconsideration to address an alleged injury to the applicant's kidneys and urological system. The Board found the original judge failed to clarify if this issue was submitted for decision or make a specific finding, necessitating a remand for clarification. The Board also dismissed the applicant's petition for removal as premature, but left the judge's notice of intent to sanction the applicant's attorney undisturbed. The prior award of temporary disability and future medical treatment was preserved, with other issues deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings Award and OrdersSanctionsAgreed Medical EvaluatorQualified Medical EvaluatorCumulative TraumaCardiovascular SystemCirculatory System
References
0
Case No. ADJ2751420 SDO 0346598 ADJ3846048 SDO 0348706 ADJ3105755 SDO 0354563
Regular
Jul 24, 2013

WILLIAM HANSEN vs. COUNTY OF SAN DIEGO

This case concerns a County of San Diego sheriff's sergeant seeking workers' compensation for multiple industrial injuries. The applicant was awarded $93\%$ permanent disability for injuries to his knees, kidneys, heart, and hypertension, but the defendant sought reconsideration. The Appeals Board granted reconsideration to amend the award, apportioning $25\%$ of the left knee disability to non-industrial factors and reducing the overall permanent disability to $91\%$. The Board otherwise affirmed the original findings regarding causation and medical treatment needs.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Sheriff's sergeantCarotid arteryHypertensionUmbilical herniaErectile dysfunction
References
0
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