Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

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Los Angeles Unified School District, PSI, administered by Sedgwick Claims Management Services, Petitioner v. Workers' Compensation Appeals Board, Sav-On/Albertsons, PSI, administered by Broadspire, (Darlene Gonzalez), Respondents, 2012 Cal. Wrk. Comp. LEXIS 57

Contribution—WCAB affirmed arbitrator’s finding that defendant LAUSD was not entitled to contribution under Labor Code § 5500.5(e) from co-defendant Sav-On for benefits owed to applicant who incurred cumulative trauma injuries to multiple body parts while concurrently employed by LAUSD and Sav-On, when WCAB found that …

California State University-Fullerton, legally uninsured, adjusted by Sedgwick Claims Management Services, Petitioner v. Workers' Compensation Appeals Board, Rudy Miranda, Respondents, 2012 Cal. Wrk. Comp. LEXIS 54

WCAB Jurisdiction—Collateral Estoppel—WCAB, affirming WCJ, held that applicant/locksmith’s claim for industrially related cumulative trauma valley fever was not barred by doctrine of collateral estoppel on basis that summary judgment was entered against applicant in civil case involving same parties, when WCAB found that…

County of Orange, PSI, administered by York Risk Services Group, Inc., Petitioner v. Workers' Compensation Appeals Board, Richard Barrow, Respondents, 2012 Cal. Wrk. Comp. LEXIS 55

Cumulative Trauma Injuries—Statute of Limitations—WCAB, affirming WCJ, held that applicant/deputy sheriff’s 7/2008 application for adjudication of claim alleging injuries in form of spindle cell carcinoma, coronary artery disease, pulmonary restrictive lung disease, radiation induced cardiomyopathy, and esophagitis during period 10/26/84 through 3/28/2001, was not barred by one-year statute of limitations in Labor Code § 5405 , when WCAB rejected defendant's contention that …

David Bresler, Ph.D., L.Ac., Petitioner v. Workers' Compensation Appeals Board, Sara Lee Corporation, Ace American Insurance Company, adjusted by Helmsman Management Services, (Barnard Miller), Respondents, 2012 Cal. Wrk. Comp. LEXIS 53

Liens—Medical Treatment—Filing and Service of Exhibits—WCAB disallowed lien of medical provider who treated applicant/bagel loader for cumulative injuries to his wrists, hands, fingers, legs, and feet, when WCAB found that lien claimant failed to properly list exhibits or offer exhibits into evidence pursuant to 8 Cal. Code Reg. § 10629 even after being given numerous opportunities (mandatory settlement conference and six continued trial settings) to properly enter exhibits into evidence, that, under 8 Cal. Code Reg. § 10660, filing documents in legacy file did not equate to …

Orange County Fire Authority, insured by USF&G, administered by York Insurance Services, Petitioners v. Workers' Compensation Appeals Board, California Department of Forestry (insured by State Compensation Insurance Fund), Orange County Fire Authority, insured by American Home/Chartis, Reliance (represented by California Insurance Guarantee Association), ACE/ESIS, and SCRMA, (Jerry Chastain), Respondents, 2012 Cal. Wrk. Comp. LEXIS 58

Cumulative Injuries—Labor Code § 5500.5—WCAB held that petitioners, employer and its insurer in period before 3/9/98, were liable for applicant’s cumulative trauma injury AOE/COE that occurred in period from 1973 through 3/9/98, when WCAB found that …

Daniel Escamilla, Petitioner v. Workers' Compensation Appeals Board, Respondent, 2012 Cal. Wrk. Comp. LEXIS 56

WCAB Powers—Hearing Representatives—WCAB en banc, dismissing hearing representative’s petition for reconsideration, held that petition did not seek reconsideration of final order and, alternatively, was not timely filed, when WCAB en banc found that …

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