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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
Case No. ADJ3659496
Regular
Aug 01, 2013

ISIDORO BASTIDA vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. This extraordinary remedy was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. The Board affirmed the denial of the defendant's second Petition for Dismissal, finding it improper as a new notice was required after the applicant's opportunity to show good cause had already passed. The case will return to the trial calendar, where it should be dismissed unless the applicant shows good cause.

Petition for RemovalPetition for DismissalCalifornia Self-Insurers' Security Fundsubstantial prejudiceirreparable injurygood causetrial calendarmandatory settlement conferencethirty day notice letteradministrative law judge
References
Case No. ADJ838713 (VNO 0552616)
Regular
Apr 29, 2010

CAROL SERNA-TORRES vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of an award finding the applicant suffered a cumulative psychiatric injury due to industrial stressors. Defendant argued the initial finding failed to properly analyze whether the injury was substantially caused by lawful, good faith personnel actions. The Board rescinded the award, remanding the case to determine if personnel actions were the predominant cause of the applicant's injury under *Rolda v. Pitney Bowes*. The WCJ must now specifically identify and analyze any personnel actions for lawfulness, nondiscrimination, and good faith.

Cumulative traumaPsychiatric injuryGood faith personnel actionsRolda v. Pitney BowesLabor Code section 3208.3Predominant causeCausationActual events of employmentPQMEPanel Qualified Medical Evaluator
References
Case No. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
References
Case No. ADJ9190661 ADJ9735754 ADJ9735757
Regular
Nov 20, 2015

WILLIAM CRONIN vs. HONEYWELL INTERNATIONAL INC., XL SPECIALTY INSURANCE COMPANY as administered by MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board granted reconsideration and found that William Cronin sustained a psychiatric industrial injury arising out of and in the course of employment with Honeywell International. The Board affirmed that actual employment events were predominant causes of the injury. Defendant failed to prove the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action, as the events cited did not constitute a substantial cause. The previous award was rescinded and substituted with this finding, deferring other issues.

Workers' Compensation Appeals BoardIndustrial InjuryPsychiatric InjuryActual Events of EmploymentPredominant CauseGood Faith Personnel ActionDue ProcessAdmissible EvidenceAgreed Medical ExaminerTreating Physician Reports
References
Case No. ADJ2644699 (OXN 0127883)
Regular
Jan 01, 2014

RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Dr. Aminian's petition for reconsideration of a lien dismissal because it was unverified and lacked good cause. Removal was granted sua sponte to initiate sanctions proceedings against Dr. Aminian, his representative Durden & Associates, and Ted Durden for filing a frivolous and potentially false claim regarding notice of a lien conference. The Board found evidence of service and a prior opportunity to raise the notice issue, suggesting bad faith or unnecessary delay. Sanctions up to $1,500 are pending a response showing good cause from the lien claimant and his representatives.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantRemovalSanctionsUnverified PetitionGood CauseLien ConferenceNotice of Intent to Dismiss
References
Case No. ADJ4212464 (EUR 0040625)
Regular
Sep 09, 2009

LEE ECCLESTON (Deceased) BARBARA ECCLESTON, JOSEPH ECCLESTON and SARAH ECCLESTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.

Workers Compensation Appeals BoardSpecial Death BenefitCalPERSpartial dependentsadult studentsun-apportioned awardLabor Code section 4707Labor Code section 4704good causeDepartment of Corrections v. Workers' Comp. Appeals Bd. (Antrim)
References
Case No. ADJ7006379
Regular
Sep 04, 2014

RAMAN KUMAR vs. SEARS HOLDING CORPORATION, ACE AMERICAN INSURANCE COMPANY

Defendant Sears Holding Corporation sought to terminate liability for home healthcare services, challenging a prior WCJ order that found no good cause to do so. The original order, based on a stipulation, required reimbursement for up to 10 hours per week of home healthcare at $15/hour. The defendant's petition was denied because the prior order was deemed final and res judicata, predating SB 863's amendments to home healthcare provisions. The defendant failed to demonstrate good cause, such as a change in the applicant's medical condition, to modify or terminate the existing award. The Appeals Board adopted the WCJ's reasoning, emphasizing that the burden is on the defendant to show why the services are no longer needed, a burden not met here.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersHome Healthcare ServicesPetition to Terminate LiabilityUtilization ReviewRequest for AuthorizationFinal OrderGood CauseSB863
References
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