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Case Law Database

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

Case No. ADJ3758714 [VNO 0553350] ADJ3611380 [ANA 0372874]
Regular
Oct 03, 2008

Herbert J. Ware, Jr. vs. Los Angeles Times

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding no substantial medical evidence supported the applicant's claim of cumulative trauma injury to his psyche. The Board determined that the medical evidence presented only addressed injury to the psyche as a sequela of a specific orthopedic injury, not a cumulative trauma arising from his overall employment. The case was returned to the trial level for further proceedings on all issues, including temporary disability and home health care reimbursement.

Cumulative traumapsychiatric injuryspecific injuryorthopedic injurysequelaepermanent and stationarytemporary disabilityhome health careQualified Medical EvaluatorAgreed Medical Examiner
References
0
Case No. ADJ3746457 (SAC 0318786)
Regular
Jul 14, 2010

SCHELYA THROWER vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES

The Workers' Compensation Appeals Board granted Schelya Thrower's reconsideration petition regarding a prior decision finding no industrial injury to her knee, ankle, shoulder, or back. The Board affirmed the original finding that Thrower did not sustain a cumulative trauma injury through June 26, 2000, agreeing that her current complaints were sequelae of a prior 1997 injury. Consequently, the Board struck the finding on the statute of limitations as moot. The Board also corrected a clerical error in the spelling of Thrower's first name.

Workers' Compensation Appeals Boardcumulative traumastatute of limitationsindustrial injuryright kneeleft ankleleft shoulderbackstipulated awardnew and further disability
References
1
Case No. ADJ1136513
Regular
Feb 13, 2018

FRANCISCO BAUTISTA vs. SMITHS GROUP SERVICES CORPORATION, LIBERTY MUTUAL INSURANCE GROUP

This case concerns applicant's entitlement to extended temporary disability benefits beyond 104 weeks for a severe burn injury under Labor Code § 4656. The Appeals Board rescinded the trial judge's findings, remanding the case for further proceedings. This decision focuses on whether the applicant's burn injury, considering treatment, resulting disability (including psychiatric sequelae), and residual permanent disability, qualifies as "severe" under the statute. The Appeals Board clarified that the severity analysis must encompass the overall impact of the burn, not just the initial injury.

Labor Code Section 4656temporary disabilitysevere burnshigh-velocity eye injuryflash fireburn injurydepth of injurysequelaehyperpigmentationscarring
References
7
Case No. MISSING
Regular Panel Decision
Sep 19, 1975

Claim of Alperin v. Great Atlantic & Pacific Tea Co.

The claimant, on March 12, 1971, experienced acute heart failure or insufficiency due to excessive work effort, aggravating a pre-existing heart defect caused by a damaged aortic valve. The Workers' Compensation Board determined that a subsequent operation to replace the defective aortic valve and its sequelae were causally related to this work activity. Appellants contested this finding, arguing a lack of substantial evidence. However, the record contained unequivocal medical testimony confirming that the specific work effort caused the condition to become symptomatic, necessitating the operation to alleviate symptoms. The court affirmed the Board's decision, finding a clear causal link.

Heart ConditionWork-Related InjuryCausationAortic Valve ReplacementMedical TestimonyPre-existing ConditionWorkers' Compensation AppealSurgical NecessityAggravation of Injury
References
1
Case No. ADJ1499047 (SAC 0273786)
Regular
Feb 07, 2011

ROBERT DOVE vs. CONTRACTOR'S LABOR POOL/PRODUCTION FRAMING, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, LIBERTY MUTUAL

The Appeals Board granted the applicant's petition for removal, reversing a prior order that denied rejoining CIGA. The applicant sustained a shoulder and spine injury and claims psychiatric sequelae, alleging general employment by Contractors Labor Pool (CLP), insured by CIGA via California Compensation Insurance Company in liquidation, and special employment by Production Framing Systems (PFS), insured by Liberty Mutual. Because the applicant may have worked for CLP for over six months but less than six months for PFS, CIGA is a necessary party to determine liability for potential psychiatric injury, as Labor Code section 3208.3(d) has specific six-month employment requirements. The Board rejoined CIGA to protect its due process rights and promote judicial economy, allowing it to participate in the adjudication of these complex liability issues.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceGeneral EmploymentSpecial EmploymentCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 3208.3(d)Psychiatric InjuryLiberty Mutual Insurance CompanyContractors Labor Pool
References
1
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