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

Case No. ADJ429247 (ANA 0407707)
Regular
Nov 14, 2008

DIANE FLEMING vs. SANTA ANA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to review a trial transcript concerning a teacher's industrial injury claim. The defendant school district disputes the finding that the applicant sustained an injury while transporting school work home, arguing it does not qualify as an exception to the going and coming rule. The Board needs the transcript to accurately assess the facts and testimony before issuing a just decision.

Workers' Compensation Appeals Boardindustrial injuryteacherbreak-inhome as second worksitegoing and coming rule exceptiontransporting school workwhite-collar exceptionreconsiderationadministrative law judge
References
Case No. ADJ7410586
Regular
May 18, 2012

Randall Salcido vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that the applicant's temporary disability benefits should be based on his earnings as a teacher on the date of injury. The defendant argued that benefits should be based on the applicant's lower subsequent earnings as a warehouse supervisor, as the transfer was anticipated. However, the Board held that the applicant's actual earnings as a teacher reflected his earning capacity and that the lower warehouse supervisor wage was an aberrant basis for calculation. The Board also noted that using the lower wage would incentivize employers to downsize to reduce liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactDisability BenefitsVocational TeacherEarnings CalculationTemporary DisabilityAverage Weekly EarningsEarning CapacityLabor Code Section 4453
References
Case No. ADJ6718488
Regular
Apr 08, 2020

PATRICK SAUCEDA vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a special education teacher injured by a student's assault. The Workers' Compensation Appeals Board affirmed a finding of serious and willful misconduct against the school district for failing to notify the teacher of the student's documented violent tendencies. The majority found the district knew of the danger, the probable consequences of serious injury, and deliberately failed to act, violating both Labor Code and Education Code provisions. A dissenting opinion argued the student's privacy and educational rights should have been prioritized, questioning the school's ability to act based on mere speculation.

Serious and Willful MisconductSpecial Education TeacherStudent AssaultViolent TendenciesDuty to WarnEducation Code § 49079Labor Code § 4553Intentional ActReckless DisregardCorrective Action
References
Case No. ADJ8455911
Regular
Nov 20, 2013

SANDRA VACA vs. CAPISTRANO UNIFIED SCHOOL DIST.,, SCHOOL DIST.,, CORVEL CORP.

This case concerns a dispute over the correct temporary disability indemnity rate for an applicant who worked as both a substitute teacher and a self-employed realtor. The applicant's net income as a realtor, after expenses, was used for the calculation, not her gross receipts. The Board rescinded the original award and found the applicant entitled to $395.93 per week in temporary disability, affirming the use of net income and earnings up to her last day of work. The issue of attorney's fees was deferred.

Workers' Compensation Appeals BoardTemporary Disability RateAverage Weekly EarningsSelf-Employed IncomeGross ReceiptsNet IncomeEarning CapacitySubstitute TeacherIndustrial InjuryGross Income
References
Case No. SAC 280551
Regular
Jul 10, 2007

JANET STROTH vs. ELK GROVE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an applicant teacher who sustained an industrial injury from a violent student. The Workers' Compensation Appeals Board initially awarded increased compensation for serious and willful misconduct by the employer, finding the employer knew of the student's violent propensities. However, the Court of Appeal annulled this award, holding that while the employer knew of the danger, there was insufficient evidence of a deliberate failure to act for the applicant's safety. Consequently, the Appeals Board has rescinded its prior decision and denied the serious and willful misconduct claim, returning the matter for further proceedings.

Serious and willful misconductRemittiturCourt of AppealEmployer's knowledgeDangerous conditionDeliberate failure to actTeacher injuryStudent misconductSchool bus incidentCompromise and release
References
Case No. ADJ2027294 (RIV 0066659)
Regular
Nov 06, 2008

HEIDI WATSON vs. CORONA-NORCO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed the WCJ's finding that the applicant, Heidi Watson, did not sustain an industrial injury as a special education teacher. The Board denied reconsideration of the applicant's additional filing, deeming it untimely and improper. The defendant's request to determine fraud was moot as the core issue of no industrial injury was affirmed.

Workers' Compensation Appeals BoardSpecial Education TeacherIndustrial InjuryNeck InjuryBack InjuryRib InjuryLung InjuryICGSPetition for ReconsiderationNewly Discovered Evidence
References
Case No. ADJ7663226
Regular
Dec 14, 2012

ROBERT ALLEN vs. SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration regarding a physical education teacher's left knee injury. The Board allowed the employer to submit newly discovered evidence from a prior unemployment insurance hearing. This evidence includes testimony and a decision finding the applicant not eligible for unemployment benefits due to misconduct, which may contradict his workers' compensation testimony. The case is remanded to the trial level for further proceedings and a new decision, considering this new evidence.

Industrial injuryAOE/COEPhysical education teacherInitial physical aggressorTemporary disabilitySupplemental petitionNewly discovered evidenceUIAB decisionCollateral estoppelReconsideration
References
Case No. ADJ3872960
Regular
May 06, 2013

ALONZO WATKINS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case concerns applicant Alonzo Watkins' petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying his claim for unpaid benefits totaling $14,269.10. The WCAB denied reconsideration, finding that Watkins failed to provide substantial evidence of non-payment, as the employer presented proof of payment via checks issued over 16 years prior. The WCAB also ruled that Watkins raised the issue of the employer's failure to produce payment records for the first time on appeal, which is impermissible. Furthermore, the WCAB clarified that the record retention requirements for adjusting agencies do not mandate indefinite maintenance of claim files.

Petition for ReconsiderationFindings and OrderIndustrial InjuryBack InjuryLower ExtremitiesTeacherCompromise and ReleasePayment RecordsProof of PaymentNon-Payment
References
Case No. ADJ984347 (FRE 0202559)
Regular
Apr 01, 2014

ENRICA TORRES vs. CLOVIS UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involves an applicant who sustained a psyche injury due to cumulative trauma from workplace sexual harassment. The defendant, Clovis Unified School District, sought reconsideration of an award for further medical treatment. The Agreed Medical Examiner's (AME) opinions on the applicant's need for ongoing treatment were contradictory, leading to ambiguity. Therefore, the Board amended the award to defer the determination of further medical treatment pending clarification, requiring a supplemental AME report or stipulation.

Enrica TorresClovis Unified School DistrictYORK RISK SERVICES GROUPINC.ADJ984347ADJ4520728WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPERMANENT DISABILITYFURTHER MEDICAL TREATMENT
References
Case No. ADJ288239 (MON 0344949)
Regular
Apr 22, 2013

ROSA AQUEVEQUE vs. CULVER CITY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimants' petition for reconsideration because it was untimely and an improper successive petition. The lien claimants failed to file their petition within the mandated 20-day window after the dismissal orders were served. Furthermore, they had previously filed an identical petition which was also dismissed as untimely. The WCAB held that repeated, untimely petitions without new evidence are not permissible.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissalUntimely FilingSuccessive PetitionLabor Code Section 5903WCAB Rule 10507Compromise and ReleaseIndustrial Injury
References
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