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

Case No. ADJ6892644
Regular
Nov 23, 2016

William Davis, III vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, William Davis III, claiming cumulative trauma injury to his nervous and respiratory systems due to exposure to fire retardant. The applicant sought reconsideration of a "take nothing" order, arguing entitlement to a statutory presumption of industrial causation under Labor Code section 3212.85. The Workers' Compensation Appeals Board affirmed the prior order, denying reconsideration. The Board found that the applicant failed to establish the applicability of the presumption because the fire retardant was not a "biochemical substance" as defined for weapons of mass destruction, and even if it were, the presumption was rebutted by the Agreed Medical Examiner's opinion attributing the applicant's condition to an infectious process rather than occupational exposure.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative TraumaFirefighterDepartment of Forestry and Fire ProtectionLabor Code Section 3212.85Presumption of Industrial CausationAgreed Medical Examiner (AME)Dr. Robert HarrisonToxic Exposure
References
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
Case No. ADJ11329391, ADJ13022586
Regular
Dec 11, 2020

Richard Mancha vs. California Department of Forestry and Fire Prevention, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, Richard Mancha, who claimed injury to his heart, memory, and cognitive abilities. Both the applicant and the defendant Department of Forestry and Fire Prevention appealed an earlier award. After reconsideration, the parties reached a Compromise and Release agreement for $150,000, which the Board found adequate and in the applicant's best interest. The Board rescinded the prior Findings and Award and approved the settlement.

Workers' Compensation Appeals BoardRichard ManchaCalifornia Department of Forestry and Fire PreventionLegally UninsuredState Compensation Insurance FundADJ11329391ADJ13022586Opinion and Decision After Reconsiderationapparatus/engineer fire fighterheart trouble presumption
References
Case No. ADJ6720899
Regular
May 15, 2012

MELISSA ROSAS vs. CITY OF SAN BERNARDINO POLICE DEPARTMENT, CITY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the City of San Bernardino Police Department's petition for reconsideration. The Board adopted the judge's report, which found the applicant, Melissa Rosas, sustained a compensable injury in the form of cancer. This decision was based on the applicant being a police officer exposed to known carcinogens and the presumption under Labor Code § 3212.1 not being rebutted by the defense. The judge found the applicant's treating physician's opinion on variable cancer latency periods more persuasive than the defense expert's.

Labor Code § 3212.1cancer presumptionpolice officercarcinogen exposurebenzenecigarette smokegasoline fumesauto accidentsvehicle firesresidence fires
References
Case No. ADJ137248 (MON 0283474)
Regular
May 21, 2009

GARY BYRNES vs. KAR INVESTMENTS, INC., dba RIGOLI FIRE EXTINGUISHER, SIMPLEX GRINNELL, dba RIGOLI FIRE EXTINGUISHER, KURT REXIUS

This case involves an applicant's Labor Code section 132a discrimination claim against KAR Investments, Inc. (dba Rigoli Fire Extinguisher) and its successor, Simplex Grinnell. The WCAB rescinded a prior finding that barred the applicant from pursuing Simplex due to a statute of limitations issue. The Board ordered Kurt Rexius, the sole shareholder of KAR, joined as a necessary party defendant for full adjudication. The matter is returned to the trial level to determine if discrimination occurred and who is liable.

Workers' Compensation Appeals BoardKAR InvestmentsInc.Rigoli Fire ExtinguisherSimplex GrinnellKurt RexiusLabor Code section 132asuccessor-in-intereststatute of limitationreconsideration
References
Case No. VEN 0115536
Regular
Aug 04, 2008

ROBERT FROELICH vs. CONTRACTORS LABOR POOL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCATION, RELIANCE NATIONAL INSURANCE CO., GM NORTHROP CORP., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

This case concerns a dispute over workers' compensation liability following an industrial injury sustained by an employee who was a general employee of Contractors Labor Pool (insured by insolvent Reliance) and a special employee of GM Northrup Corp. The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding, determining that National Fire Insurance Company's policy for GM Northrup Corp. constituted "other insurance." Consequently, National Fire Insurance Company is now liable for the applicant's benefits, and the California Insurance Guarantee Association is not liable as the claim is not a "covered claim."

CIGAReliance National InsuranceNational Fire Insurance Companycovered claimsother insurancegeneral employerspecial employerjoint and several liabilitypolicy constructionInsurance Code section 1063.1
References
Case No. ADJ7651682
Regular
Apr 18, 2016

DEAN MCLAUGHLIN vs. HESPERIA FIRE PROTECTION DISTRICT, CITY OF HESPERIA, COUNTY OF SAN BERNARDINO

This case involves a firefighter's workers' compensation claim for prostate cancer and related conditions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the permanent disability indemnity rate from $270.00 to $230.00 per week, as agreed by the parties and the WCJ. The WCAB affirmed the original finding that the City of Hesperia was liable for Labor Code section 4850 benefits, despite the City's argument that the applicant's employment had terminated prior to the disability period. This decision corrects a statutory error in the indemnity rate while upholding the employer's responsibility for benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLabor Code Section 4850Temporary Total DisabilityPermanent DisabilityFire CaptainProstate CancerErectile DysfunctionUrinary Incontinence
References
Case No. ADJ10274905
Regular
Feb 09, 2018

Wade Hoag vs. Greenwood Homes, Inc, Twin City Fire Insurance Company

This case involved a workers' compensation claim for Wade Hoag, who sustained a severe injury resulting in paraplegia. The initial decision found the injury compensable but questioned the appropriateness of modifying the applicant's parents' home in Ohio for accommodation. The parties subsequently entered into a Compromise and Release agreement resolving all claims. The Appeals Board reviewed and approved this agreement, awarding the applicant $2,650,000.00, with a portion allocated for future medical treatment via a self-administered trust.

Workers' Compensation Appeals BoardWade HoagGreenwood HomesInc.Twin City Fire Insurance CompanyADJ10274905Opinion and Decision After Reconsiderationapprentice carpenterparaplegiaOhio residence modification
References
Case No. ADJ10149777
Regular
Dec 31, 2015

TIMOTHY PRATT vs. SOUTHERN MARIN FIRE PROTECTION DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding a prior order changing the venue from Oakland to Redding. The change was granted because the applicant resides in Grass Valley, and the Redding District Office is the closest Appeals Board office to that location. The applicant failed to demonstrate factual prejudice stemming from the venue change. Therefore, the original venue change order is affirmed.

Petition for RemovalVenue ChangeLabor Code Section 5501.5Workers' Compensation Appeals BoardAdministrative Law JudgeOakland District OfficeRedding District OfficeApplicant ResidenceAttorney Principal Place of BusinessCumulative Trauma
References
Case No. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
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