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

Case No. ADJ7721471
Regular
Jun 18, 2012

DANIEL MURPHY vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's basal cell carcinoma is not an insidious progressive disease, therefore jurisdiction cannot be reserved for future permanent disability beyond the statutory five-year limit. The Board amended the findings to state that the injury was to the applicant's nose, not all sun-exposed skin, and future basal cell carcinomas would be considered new injuries. This decision clarifies that the applicant's current award covers the injury to his nose, and any future skin cancers will require separate claims.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundDaniel MurphyHighway Patrol Officerbasal cell carcinomainsidious progressive diseasereservation of jurisdictionLabor Code section 5804General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson)
References
Case No. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ8290469
Regular
Jul 02, 2015

Mario Cortez vs. The Regents of the University of California Riverside; permissibly self-insured, administered by Sedgwick Claims Management Services

This case concerns Mario Cortez, a police officer for the University of California-Riverside, who claimed cumulative skin cancer to his face due to sun exposure during his employment. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and stay of the award. The Board found substantial evidence supported the finding of industrial causation for basal cell carcinoma, based on medical reports and the applicant's testimony. The Board also affirmed the 25% permanent partial disability rating and the 90% apportionment to industrial causes, deeming the physician's reasoning sound.

Workers' Compensation Appeals Boardcumulative injuryskin cancerbasal cell carcinomapermanent partial disabilityapportionmentindustrial causationAMA GuidesLabor Code Section 3212.1treating physician
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. 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. ADJ66969540
Regular
Sep 23, 2010

MARY MATHEWS vs. SUN MICROSYSTEMS; permissibly self-insured, GREENFIELD-THOMPSON and is currently MATRIX ABSENCE MANAGEMENT, INC.

This case involves Mary Mathews seeking workers' compensation from Sun Microsystems and its administrators. The Workers' Compensation Appeals Board (WCAB) has denied Mathews' Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge, finding no grounds to overturn the prior decision. Therefore, the Petition for Reconsideration was formally denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationadministrative law judgedenial of reconsiderationSUN MICROSYSTEMSMATRIX ABSENCE MANAGEMENTINC.self-insuredGREENFIELD-THOMPSONADJ66969540
References
Case No. ADJ 1513511 (LBO 0279490)
Regular
Apr 15, 2016

RIZALINA DERRO vs. KAISER PERMANENTE, WEST ANAHEIM MEDICAL CENTER, TERRACE VIEW CONVALESCENT HOSPITAL, COVENANT CARE, SOUTH GATE CARE CENTER, BROADSPIRE, SUN HEALTH CARE, AIG CLAIM SERVICES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) is issuing a notice to rescind a prior WCJ decision and remand the case to the WCJ for further record development. This action follows a Court of Appeal order directing the WCAB to address the causation issue regarding the applicant's left wrist injury and employment with Sun Health Care. The WCAB, in its response to the Court, indicated the need for further medical record development on this causation issue. The Court of Appeal dismissed the applicant's petition for review, granting the WCAB's request for remand.

Workers' Compensation Appeals BoardKaiser PermanenteWest Anaheim Medical CenterTerrace View Convalescent HospitalCovenant CareSouth Gate Care CenterBroadsireSun Health CareAIG Claim ServicesCNA Claims Plus
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. ADJ11721215
Regular
Mar 20, 2023

GLEN HODGES vs. STATE OF CALIFORNIA

This case concerns a firefighter's claim for melanoma under Labor Code section 3212.1, which presumes cancer is industrially caused. While the applicant raised the presumption through evidence of carcinogen exposure, the Appeals Board overturned the initial finding of industrial injury due to melanoma. The Board found the presumption was rebutted by expert medical opinion concluding the applicant's melanoma was not reasonably linked to industrial sun exposure, citing significant childhood sun exposure, tanning bed use, family history, and minimal workplace sun exposure to the affected area. The Board therefore granted reconsideration and amended the decision to exclude melanoma as an industrial injury, though actinic keratosis was still found to be industrially caused.

Labor Code section 3212.1cancer presumptionrebutted presumptionqualified medical evaluatorindustrial injuryactinic keratosismelanomafirefightercarcinogenInternational Agency for Research on Cancer
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
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