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ADJ16542754 →Jan 23, 2024 · Santa RosaPanel decision
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Published panel decisions, almost all since 2021: the litigated tail of a system that mostly settles. Issues and outcomes were extracted by AI and released only where the source passage checked. A row is a decision, never a claimant. Not legal advice.
Both petitions for reconsideration were denied, affirming the WCJ's Findings and Award that decedent sustained industrial injury to his lungs leading to death, but was not entitled to statutory presumption of pneumonia injury, and that widow was total dependent and granddaughter partial dependent.
The Workers' Compensation Appeals Board affirmed the WCJ's Findings, Award and Order dated October 17, 2022, denying defendant's petition for reconsideration.
Reconsideration granted; prior Findings and Award rescinded; new Findings of Fact issued affirming injury AOE/COE and need for medical treatment; issues of permanent disability, apportionment, and attorney fees deferred; matter returned to trial level for further proceedings and consultative rating.
Petition for Reconsideration granted; prior Findings and Award rescinded; new Findings of Fact substituted; matter returned to WCJ for further proceedings.
The WCAB granted the Petition for Reconsideration, rescinded the September 26, 2023 Findings and Order, found that applicant suffered a compensable psyche injury arising out of and in the course of employment, and returned the matter to the WCJ for further proceedings.
Petition for Reconsideration granted; WCJ's Finding of August 29, 2023 rescinded; new decision finding specific industrial injury to neck and shoulders on February 21, 2022 in ADJ16206424; cumulative injury claim ADJ16206398 denied; all other issues deferred with jurisdiction reserved.
The WCAB granted defendant's petition for reconsideration to clarify the Findings of Fact, rescinded the original Findings, and substituted new Findings of Fact. The claim was found compensable with injury to multiple body parts and the date of injury set at October 26, 2021. The claim was not barred by the statute of limitations or as a post-termination claim.
The WCAB rescinded the WCJ's Amended Findings and Order and found that applicant sustained industrial injury in the form of COVID-19; other issues deferred and matter returned for further proceedings.
Award granted to applicant against Old Republic General Insurance Corporation for cumulative trauma injury to right shoulder with further medical treatment.
Petitions for Reconsideration granted; prior FA&O rescinded; new Joint FA&O substituted finding one cumulative injury through July 28, 2013, with date of injury August 12, 2013.
Petition for Reconsideration denied. WCJ's finding that applicant's head contusion accelerated her brain cancer and that the cancer constitutes an injury AOE/COE is affirmed.
The April 12, 2019 Findings and Award is rescinded and substituted with new Findings of Fact including a date of injury of March 20, 2014, permanent and stationary date of March 20, 2014, and deferral of permanent disability, apportionment, attorney fees, and other issues.
Petition for Reconsideration granted; FA&O of June 16, 2023 rescinded; new Findings and Award substituted finding injury to low back and left elbow but not hip; injury to other body parts deferred; entitlement to additional panel in internal medicine granted; entitlement to temporary disability indemnity, attorney's fees, and future medical care affirmed; other issues deferred.
Petition for reconsideration denied on substantive grounds; findings and awards affirmed with amendments to identify correct defendant employer and insurer.
The WCAB granted reconsideration, rescinded the WCJ's decision, and issued a new decision finding that applicant sustained presumptive industrial injury in the form of coccidioidomycosis (valley fever).
Findings and Award affirmed except amended to defer compensable psychiatric injury, permanent disability, and attorney fees issues; matter returned to WCJ for further proceedings
The WCAB affirmed the WCJ's Joint Findings, Award, & Order except it amended the permanent disability rating for the applicant's February 9, 2012 left thigh injury to 6% permanent disability, warranting 18 weeks of permanent disability indemnity.
Petition for Reconsideration granted; Findings, Award and Order amended to find industrial injury to abdomen in the form of umbilical and inguinal hernia; other body parts deferred
The WCAB rescinded the prior Findings and Order and substituted a new Findings and Order finding the applicant sustained injury arising out of and in the course of employment to her head, deferring all other issues.