Fungal Sinusitis Based on Mold Exposure: Cal. Comp. Cases January Advanced Postings (1/3/2013)

Here’s the first batch of advanced postings for the January 2013 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 Sacramento, Petitioner v. Workers' Compensation Appeals Board, Marylou Smith, Respondents, 2012 Cal. Wrk. Comp. LEXIS 166

Injury AOE/COE—Burden of Proof—WCAB, in spit panel decision, upheld WCJ’s finding that applicant/office assistant suffered industrial injury to her sinuses in form of fungal sinusitis, based on opinion of treating physician that it was medically probable that mold exposure in applicant’s workplace over period of time contributed to applicant’s mold sensitization and development of her fungal sinusitis, when WCAB found that …

Preferred Employers Insurance Company, insurer for Desert Woodline, Inc., Petitioner v. Workers' Compensation Appeals Board, Cristobal Parra Murillo, Respondents, 2012 Cal. Wrk. Comp. LEXIS 167

Injury AOE/COE—WCAB held that applicant sustained injury AOE/COE on 1/15/2007 to multiple body parts, when he stepped on furniture tack while working for defendant as carpenter/finisher, based on applicant’s testimony, testimony of applicant’s co-worker, hospital admission records of 1/19/2007, and evidence of employer’s knowledge of this injury as of 1/18/2007, and despite inconsistencies in applicant’s testimony, when WCAB found that…

Michael Texeira, Petitioner v. Workers' Compensation Appeals Board, SKR Investments, Inc., dba Big O Tires, Insurance Company of the West, Respondents, 2012 Cal. Wrk. Comp. LEXIS 169

Injury AOE/COE—WCAB held that applicant did not meet burden of proving injury AOE/COE to multiple body parts on 7/10/2010 while employed as salesman for defendant, when WCAB found that…

Rosalind Press, Petitioner v. Workers' Compensation Appeals Board, Los Angeles Unified School District, PSI, administered by Sedgwick CMS, Respondents, 2012 Cal. Wrk. Comp. LEXIS 168

Permanent Disability—Apportionment—WCAB awarded applicant 60 percent permanent partial disability, after apportionment and adjustment for age and occupation, for 12/8/2000 industrial injury, based on opinions on apportionment from psychiatric agreed medical evaluator, when WCAB found that…

Removal to WCAB—WCAB denied petition for reconsideration and removal, finding no showing of…

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