Nurse Proved Stressful Work Caused Cerebral Stroke: Cal. Comp. Cases November Advanced Postings (11/14/2012)

Here’s the fourth batch of advanced postings for the November 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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County of Riverside, PSI, Petitioner v. Workers' Compensation Appeals Board, Patricia Hedden, Respondents, 2012 Cal. Wrk. Comp. LEXIS 146

Injury AOE/COE—Substantial Evidence—WCAB affirmed WCJ’s finding that applicant/registered nurse met burden of proving under Labor Code § 3202.5 that she suffered injury AOE/COE in form of cerebral stroke, and that WCJ did not err in relying on well-reasoned and persuasive opinion of applicant’s qualified medical evaluator, indicating that applicant’s pre-existing hypertension, elevated cholesterol, and abnormal “vascular anatomy” combined with stressful work events to cause her stroke, over opinion of panel qualified medical evaluator that applicant’s stroke was entirely due to abnormal vascular anatomy with no industrial causation, when WCAB found that…

Judie Geren, Petitioner v. Workers' Compensation Appeals Board, Warner Bros. Studio Facilities, Inc., PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 147

Statute of Limitations—Cumulative Injuries—WCAB, rescinding WCJ’s finding, held that applicant/driver’s claim for injuries to her neck, back, psyche, and lower extremities during period 5/6/2004 to 5/6/2005 was barred by one-year statute of limitations in Labor Code § 5405(a), when WCAB found that …

State of California/Department of Transportation, adjusted by State Compensation Insurance Fund, Petitioner v. Workers' Compensation Appeals Board, Barbara Edwards, Respondents, 2012 Cal. Wrk. Comp. LEXIS 148

Permanent Disability—Rating—Permanent Total Disability—WCAB affirmed WCJ’s finding and reaffirmed its prior determination [see Edwards v. Caltrans, 2011 Cal. Wrk. Comp. P.D. LEXIS 429] that applicant/highway maintenance lead worker incurred 100 percent permanent disability without apportionment as result of industrial injuries to her head, neck, brain, and psyche, and that there was no basis for 15 percent apportionment to pre-existing attention deficit disorder and depression pursuant to agreed medical evaluator’s opinion, when WCAB found that…