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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10272888
Regular
Apr 30, 2019

JOSE SEQUEN vs. JOANNE LESLIE & WALTER JOHNSON, STATE FARM, administered by SEDGWICK; JOEL GOMEZ LAWN CARE & TREE SERVICE; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Jose Sequen. The Board adopted the WCJ's report and reasoning, giving great weight to the judge's credibility determinations based on observing witness demeanor. The employer bears the burden of proving an injury did not arise out of and in the course of employment. The Board affirmed that the applicant sustained an injury arising out of and in the course of employment, referencing case law defining the broad scope of compensable activities.

AOE/COEPetition for ReconsiderationWCJ credibility determinationsburden of proofdeviation from job dutiesunauthorized departurescope of activitiesacquiescenceimplied authorizationcompensable injury
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ8148545, ADJ8147711
Regular
Feb 05, 2014

LAZARO GUERRERO vs. UNITED PLUMBING SERVICE INC., BERKLEY SPECIALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien for failure to pay the lien activation fee. This dismissal was rescinded because a federal court injunction prohibited the enforcement of the lien activation fee provisions of Labor Code section 4903.06. The case is returned to the WCJ for further proceedings, including consideration of the defendant's request for attorney's fees.

Petition for ReconsiderationLien Activation FeeLabor Code section 4903.06Preliminary InjunctionAngelotti Chiropractic v. BakerWCJ Order RescindedLien ClaimantWorkers' Compensation Appeals BoardFurther ProceedingsAttorney's Fees
References
Case No. ADJ7437756
Regular
Mar 23, 2012

Antonio Parvool vs. TONY'S FOOD SERVICE, TRAVELERS INDEMNITY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, finding that applicant Antonio Parvool sustained an industrial injury while employed as a chef's assistant and traveling for his employer. The Board overturned the original finding that the applicant's dive into a pool at an employer-provided hotel was not work-related, applying the "commercial traveler rule." This rule presumes an employee is acting within the scope of employment during business travel, including activities reasonably necessary for comfort. The Board clarified that Labor Code section 3600(a)(9) regarding recreational activities does not apply to commercial travelers.

Commercial traveler ruleIndustrial injuryCourse of employmentReconsiderationFindings and OrdersLabor Code section 3600(a)(9)Reasonable expectancyImpliedly requiredWCJOff-duty recreational activity
References
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
Case No. ADJ1511657
Regular
Apr 09, 2012

LESTER GUERRERO vs. DUANE WHITE, INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, CORVEL

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that Lester Guerrero was an employee of Duane White. The WCAB determined that Guerrero's drywall and painting work, performed for less than 52 hours, constituted activities incidental to the ownership, maintenance, and use of a dwelling. Therefore, Guerrero is excluded from workers' compensation coverage under Labor Code section 3352(h).

Workers' Compensation Appeals BoardLabor Code section 3351(d)Labor Code section 3352(h)incidental to dwelling ownershipresidential remodelingcasual or minor activityhomeowner exclusionscope of employmentemployee statusfinding of fact
References
Case No. ADJ7172643; ADJ7172641
Regular
Apr 02, 2012

JUSTIN MILLER vs. PF CHANGS CHINA BISTRO, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant whose workers' compensation claims were dismissed by the WCJ for lack of activity and prosecution. The applicant sought reconsideration, arguing due process violations and non-compliance with dismissal procedures. The Appeals Board denied the petition, finding the applicant's objections vague and lacking specific reasons for the lack of prosecution despite ample opportunity. A dissenting opinion argued that the dismissal constituted an abuse of discretion as the applicant had indicated an intention to prosecute the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationJoint Order Dismissing Applicationswithout prejudicePetition for Dismissallack of activity and prosecutionNotice of Intent to Dismiss Applicationsobjections overruleddue process rights violatedCalifornia Code of Regulations title 8 section 10582
References
Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ8321113
Regular
Sep 20, 2013

DANIEL YOUNG vs. COUNTY OF BUTTE, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and found that applicant Daniel Young did not sustain a compensable industrial injury. The WCAB determined that Young's injury, sustained during off-duty jumping jacks at home, was a result of voluntary participation in an athletic activity not reasonably expected or required by his employment as a correctional sergeant. This decision relied on Labor Code section 3600(a)(9) and precedent established in *City of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)*, which held that a general expectation of maintaining physical fitness is insufficient for compensability. Therefore, Young's claim was denied as non-compensable.

Labor Code section 3600(a)(9)Ezzy testoff-duty recreational activityvoluntary participationreasonable expectancy of employmentcorrectional sergeantstrenuous physical contactsfitness testJenneiahnWilson
References
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