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

Case No. ADJ13173690
Regular
Feb 07, 2023

CHRISTOPHE LELONG vs. BEVERLY HILLS POLICE DEPARTMENT, CORVEL

This case involves a police officer diagnosed with a sinus and respiratory infection caused by *Citrobacter koseri*, a bacteria transmissible through blood. The applicant sustained symptoms during his employment, triggering the presumption of industrial causation under Labor Code section 3212.8. The defendant challenged the presumption, arguing the bacteria's transmission was uncertain and not solely blood-borne. However, the Board affirmed the initial award, finding the defendant failed to meet its burden of proof to rebut the presumption, as the bacteria is capable of being carried or transmitted by blood.

Labor Code 3212.8blood-borne infectious diseasepresumption of industrial causationCitrobacter koseripolice officeroccupational exposuresinus infectionrespiratory systemindustrial injuryrebuttal of presumption
References
Case No. SAC 0332586
Regular
Jan 03, 2008

DAVID A. BELL vs. AGRAQUEST, INC., GOLDEN EAGLE INSURANCE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's findings. The WCJ determined that the applicant did not sustain an industrial injury to his sinus and immune system, and that his claim was barred by the statute of limitations due to late filing after termination. The Board found the medical evidence did not support industrial causation and that the applicant's claim was untimely under Labor Code sections 5405, 5409, and 3600(a)(10).

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial injurycumulative traumasinushumoral immune systemstatute of limitationsLabor Code section 3600(a)(10)presumption of compensability
References
Case No. ADJ8689638
Regular
Dec 01, 2016

AVI AZOULAY vs. CITY OF ORANGE, YORK SERVICES

The Appeals Board denied the defendant's Petition for Reconsideration, upholding its prior decision that applicant Avi Azoulay sustained an industrial injury. The Board found that Azoulay's bacterial infection, which spread to his bloodstream from his colon, qualified as a "blood-borne infectious disease" under Labor Code section 3212.8. This presumption of industrial causation applied despite the infection originating internally, as the statute's language and purpose encompass such conditions. Consequently, the defendant failed to overcome the presumption and provide evidence that the condition existed prior to employment.

Labor Code section 3212.8presumption of industrial causationblood-borne infectious diseasejuvenile correction officerPetition for Reconsiderationbacterial infectionpathogenic microorganismsanti-attribution clausedivericulitisscar
References
Case No. ADJ9878134
Regular
Oct 12, 2018

Brian Gault vs. Americana Vacation Clubs, Inc.

This case concerns an applicant who suffered a knee injury that led to a chronic infection requiring lifelong antibiotic treatment. The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and found the applicant's condition to be an "insidious, progressive disease." Therefore, they awarded an interim permanent disability rating with jurisdiction reserved to award additional benefits due to the likely future complications from the antibiotic therapy. The Board also deferred the penalty for delayed indemnity payment pending the final resolution of permanent disability.

Workers Compensation Appeals BoardAmericana Vacation ClubsInc.Republic Underwriters Insurance CompanyBrian GaultApril 142014right kneeinternal body systemsinfection
References
Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
Case No. ADJ9750276
Regular
Aug 21, 2017

SANDRA KIMBER (DECEASED) vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding Sandra Kimber's death compensable under the police officer pneumonia presumption. The Board found the decedent's cause of death, acute bronchiotracheopneumonitis, is medically distinct from pneumonia and therefore not covered by the statutory presumption. The case was returned for further proceedings to determine if the injury is compensable absent the presumption and to establish dependency for death benefits.

Workers' Compensation Appeals BoardSandra Kimber (Deceased)City of Los Angelesself-insuredADJ9750276Petition for ReconsiderationFindings and Awardindustrial injurydeath benefitLabor Code section 3212
References
Case No. BAK 0141141
Regular
Mar 07, 2008

Briant Certuche vs. TRANS-SYSTEMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded the previous decision, finding insufficient consideration of whether the applicant's Valley Fever infection was industrially caused or solely due to living in the San Joaquin Valley. The case is returned to the trial level for further development of the medical record, specifically to address the relative likelihood of environmental versus occupational exposure. This decision acknowledges that employment need only be a contributory cause for injury compensability.

Workers' Compensation Appeals Boardindustrial injuryValley Fevercoccidiomycosisproximate causeoccupational exposuregeographic endemicmedical-legal expertsubstantial evidencecontributing cause
References
Case No. MON 297119
Regular
Apr 01, 2008

EDMUND BURNS, Jr. vs. CITY OF LOS ANGELES

This case concerns a police officer who sustained an industrial injury to his right foot after stepping on a foreign object, which, due to his pre-existing diabetes, led to a gangrenous infection and amputation. The defendant argued for apportionment of the permanent disability to the applicant's diabetes, but the Appeals Board affirmed the WCJ's decision. The medical evidence indicated that the amputation would not have occurred absent the industrial injury, thus establishing industrial causation for the entire permanent disability.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentPre-existing DiabetesCausationEscobedo v. MarshallsSenate Bill 899Qualified Medical ExaminerTreating Physician
References
Case No. ADJ9828401
Regular
Feb 14, 2018

ARTEMIO GALLARDO vs. R&R LABOR, ARCH INSURANCE

This case involves a defendant's petition for reconsideration of an amended workers' compensation award. The defendant challenged the finding that the applicant sustained injury arising out of and in the course of employment (AOE/COE) to his left lower extremity, arguing a lack of substantial medical evidence. The Workers' Compensation Appeals Board denied the petition, adopting the judge's reasoning that the applicant met their burden of proof regarding causation. The Board found the medical opinion establishing a link between the industrial injury and the applicant's septic infection to be substantial evidence.

AOE/COEsubstantial medical evidencePetition for ReconsiderationAmended Findings and AwardWCJseptic infectionskin abrasioncausationindustrial injurytemporary disability
References
Case No. ADJ3321482 (SAC 0347549)
Regular
May 29, 2012

MARYLOU SMITH vs. COUNTY OF SACRAMENTO

This case involves an applicant seeking workers' compensation for sinus injuries allegedly caused by workplace mold exposure. The defendant, County of Sacramento, sought reconsideration after an administrative law judge found the injury AOE/COE, relying on the applicant's treating physician's opinion. The defendant argued that the agreed medical examiner's opinion should have prevailed and that there was insufficient evidence of a materially greater workplace mold exposure. The majority of the Workers' Compensation Appeals Board denied reconsideration, finding the treating physician's opinion persuasive and sufficiently supported by medical evidence.

Agreed Medical ExaminerCausationMold ExposureFungal SinusitisIndustrial InjuryOccupational NexusMedical ProbabilitySubstantial EvidenceWorkers' Compensation Appeals BoardReconsideration
References
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