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

Case No. ADJ7555409

Regular

Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award

References

Case No. ADJ12933120

Regular

Mar 09, 2023

CHRISTINA HIRSCH vs. PHYSICIANS FOR HEALTHY HOSPITALS, ARCH INSURANCE COMPANY HEALTHCARE, INC.

Here is a summary of the case for a lawyer in max 4 sentences: The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and dismissed its petition for removal. The defendant argued due process violations due to discovery closure and contested the finding of permanent total disability without apportionment. However, the Board adopted the WCJ's reasoning, finding that the applicant's disabling conditions stemmed from industrial medical treatment, thus precluding apportionment under *Hikida*. The WCJ's findings of permanent and total disability were supported by substantial medical evidence, rendering the defendant's arguments regarding discovery and apportionment unpersuasive.

Permanent Total DisabilityApportionmentVocational ExpertDue ProcessDiscovery ClosureMedical TreatmentAllergic DermatitisComplex Regional Pain SyndromeFibromyalgiaNeuropathy

References

Case No. ADJ7987695 ADJ7987686

Regular

May 08, 2014

VANESSA BRUCE vs. VALLEY HEALTH SYSTEM/PHYSICIANS FOR HEALTHY HOSPITALS; CRUM & FORSTER AND TRISTAR RISK MANAGEMENT

The applicant, a licensed vocational nurse, sought workers' compensation for injuries sustained when she fell asleep driving home after working three extra hours off the clock due to a coworker's issue. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration. The WCAB found the injury did not arise out of or occur in the course of employment, as the "going and coming rule" applied and neither the "special mission" nor "special risk" exceptions were met. The applicant's decision to stay late was voluntary, not at the employer's request, and falling asleep while driving is a common risk, not a special employment-related hazard.

Workers' Compensation Appeals BoardLicensed Vocational NurseSpecific InjuryNeck InjuryBack InjuryHeadachesCumulative InjurySleep DisorderGoing and Coming RuleSpecial Mission Exception

References

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JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

CHRISTINA HIRSCH vs. PHYSICIANS FOR HEALTHY HOSPITALS, ARCH INSURANCE COMPANY HEALTHCARE, INC.

Permanent Total DisabilityApportionmentVocational ExpertDue ProcessDiscovery ClosureMedical TreatmentAllergic DermatitisComplex Regional Pain SyndromeFibromyalgiaNeuropathy

VANESSA BRUCE vs. VALLEY HEALTH SYSTEM/PHYSICIANS FOR HEALTHY HOSPITALS; CRUM & FORSTER AND TRISTAR RISK MANAGEMENT

Workers' Compensation Appeals BoardLicensed Vocational NurseSpecific InjuryNeck InjuryBack InjuryHeadachesCumulative InjurySleep DisorderGoing and Coming RuleSpecial Mission Exception