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

Case No. ADJ7441132
Regular
Jul 20, 2012

Patrick O'Brien vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration to amend the original award. The Board found that the applicant's skin cancer was not an insidious progressive disease, reversing the prior reservation of jurisdiction over permanent disability. This decision aligns with previous rulings that such reservation is only appropriate for diseases with a demonstrable likelihood of future progression or recurrence. Consequently, the finding of injury was amended to specify the exact locations and types of skin damage.

Workers' Compensation Appeals BoardPatrick O'BrienCounty of San DiegoSheriff Sergeantindustrial injuryskin damagesolar skin damagecancerinsidious progressive diseasepermanent disability
References
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. ADJ10765465
Regular
Mar 25, 2018

VIRAJ PATEL vs. TASA CORPORATION, DONALD AND MARIE FERGUSON, dba PROPERTY DAMAGE APPRAISERS OF SANTA CLARA COUNTY, uninsured, PROPERTY DAMAGE APPRAISERS, INC., insured by THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The applicant, Viraj Patel, suffered a severe industrial injury while working as a vehicle appraiser. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the trial judge's finding that Patel was an independent contractor. The WCAB found Patel was an employee of TASA Corporation and Property Damage Appraisers, Inc., based on factors like TASA's control over his work and the integral nature of his role. The case is remanded for further proceedings on compensation.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusRight to controlBorello factorsFranchise agreementIndustrial injuryPTSDLoss of sightTASA Corporation
References
Case No. ADJ3173619 (VNO 0529014) ADJ2346302 (VNO 0529016)
Regular
Jan 24, 2011

RITA BALL vs. BEVERLY HILLS SMALL ANIMAL HOSPITAL, FIREMAN'S FUND SACRAMENTO

This case involves a workers' compensation insurer seeking reconsideration of awards granted to an applicant for industrial injuries. The insurer argued it was entitled to credit from a prior civil settlement with the employer. However, the settlement agreement explicitly excluded the release of workers' compensation claims and designated a portion of the settlement for damages *other than* those covered by workers' compensation. The Board found the defendant failed to meet its burden of proving a double recovery or a statutory basis for credit, thus denying the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability AwardTemporary Disability IndemnityAttorney's FeeThird Party CreditCivil SuitSettlement AgreementGeneral Damages
References
Case No. ADJ7470534
Regular
Jan 25, 2012

MICHAEL PAOLOZZI vs. CITY OF TORRANCE

This Workers' Compensation Appeals Board case involves a police officer's claim for industrial injuries against the City of Torrance. The prior decision prematurely ruled on specific injuries to the back, circulatory system, hearing, and skin. Both parties sought reconsideration, with the applicant arguing the statute of limitations was the sole issue and the defendant arguing the claim was time-barred. The Board rescinded the prior decision, returning the case to trial level to first determine the statute of limitations, before addressing any injury causation.

WORKERS' COMPENSATION APPEALS BOARDPetitions for ReconsiderationFindings of Factindustrial injurystatute of limitationsLabor Code section 5405Labor Code section 5412Labor Code section 3213.2circulatory systemhearing
References
Case No. ADJ388201
Regular
Nov 12, 2010

RONALD WECHSLER vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

Defendant sought reconsideration of a prior WCAB decision that allowed applicant to reopen his case for increased permanent disability due to industrial hypertensive disease and resulting end-organ damage. Defendant argued that end-organ damage occurring outside the five-year limit from the date of injury barred recovery for new and further disability. The WCAB denied reconsideration, reaffirming that the parties' stipulation of injury to the cardiovascular system, including "hypertension and end organ damage," was binding and encompassed the current claim. The case is returned to the WCJ for determination of the extent of the applicant's increased permanent disability.

Petition to ReopenNew and Further DisabilityReconsideration DeniedPermanent DisabilityHypertensive DiseaseCardiovascular DiseaseEnd Organ DamageStipulated AwardDate of InjuryWCJ Decision
References
Case No. ADJ6836868
Regular
Feb 03, 2012

STEPHEN SEAVELLO vs. COUNTY OF SAN DIEGO

This case concerns a deputy sheriff diagnosed with skin cancer, with a presumption that it arose from his employment. The Workers' Compensation Appeals Board reversed the administrative law judge's finding that the skin cancer was an "insidious disease process" and the subsequent reservation of jurisdiction over permanent disability. The Board determined that the applicant's condition was found to be permanent and stationary, and not a progressive insidious disease, thus precluding jurisdiction beyond the statutory five-year limit for amendments. Consequently, the original award of 4% permanent disability and need for future medical treatment was reinstated, but without the reservation of jurisdiction.

Workers' Compensation Appeals BoardStephen SeavelloCounty of San DiegoSkin CancerDeputy SheriffPermanent DisabilityFuture Medical TreatmentInsidious Disease ProcessReservation of JurisdictionLabor Code Section 5804
References
Case No. ADJ8193963
Regular
Mar 28, 2018

JERRY HUNTER vs. STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

This case involves a petition for reconsideration by the defendant, the State Compensation Insurance Fund, concerning a workers' compensation award for Jerry Hunter. The defendant contested the finding that skin cancer was part of the original stipulated injury and challenged the permanent disability rating based on the treating physician's opinion. The Workers' Compensation Appeals Board denied the petition, adopting the Administrative Law Judge's report. The Board affirmed that the skin cancer was correctly considered part of the original cumulative injury and that the treating physician's opinion constituted substantial evidence for the permanent disability rating.

Petition for ReconsiderationSkin CancerCumulative InjuryLabor Code Section 5803Petition to ReopenNew and Further DisabilityGood CauseStipulations with Request for AwardTreating PhysicianPermanent Disability
References
Case No. ADJ3003263 (LBO 0367438) ADJ1856297 (LBO 0367437) ADJ462312 (LBO 0374572)
Regular
Aug 27, 2012

Dennis King vs. LA County Fire Department, INTERCARE Insurance Services

The applicant sought reconsideration of an incomplete workers' compensation award for injuries sustained as a firefighter. The judge issued an interim award, failing to make final findings on permanent disability from skin injury and eligibility for a 15% increase in benefits under Labor Code section 4658. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further medical record development concerning the skin injury. The Board also directed the judge to fully determine the applicant's entitlement to increased benefits under LC 4658, considering the applicant's retirement status and intent to continue working.

Workers Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityLabor Code Section 4658Increased BenefitsWhole Person ImpairmentMedical Record DevelopmentInterim AwardFindingsAward and Order
References
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