Defense Attorney Not on Special Mission When Injured: Cal. Comp. Cases March Advanced Postings (2/28/2013)

Defense Attorney Not on Special Mission When Injured: Cal. Comp. Cases March Advanced Postings (2/28/2013)

Here’s the first batch of advanced postings for the March 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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Tara Gellman, Petitioner v. Workers' Compensation Appeals Board, Goldman, & Krikes, LLP, Chubb Group of Insurance Companies, Federal Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 22

Injury AOE/COE—Going and Coming Rule—Special Mission Exception—WCAB, affirming WCJ, held that applicant/workers’ compensation defense attorney did not meet her burden of proving that she sustained injury AOE/COE when she fell while walking from her apartment to her parked car while carrying box of work-related documents, when evidence indicated that applicant fell while still on property where she resided and had not yet started her commute to work, and WCAB found that…

Deborah Bodnar, Petitioner v. Workers' Compensation Appeals Board, Regis Corporation, Hartford Insurance Company of the Midwest, Specialty Risk Services (now Sedgwick CMS), third party administrator, Respondents, 2013 Cal. Wrk. Comp. LEXIS 21

Temporary Disability—Compensation Rate—WCAB held that applicant’s temporary total disability for 5/28/2009 industrial injury should be computed under Labor Code § 4453(c)(1) using applicant’s rate of pay after post-injury pay cut instead of pay on date of injury, when WCAB found that …

Luis Romero, Petitioner v. Workers' Compensation Appeals Board, Cedars Sinai Health System, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 23

Credit—Third-Party Settlements—Employer Negligence—WCAB held that defendant was entitled to full credit under Labor Code § 3861 for applicant/maintenance worker’s net third-party settlement recovery in amount of $2,000,000 against its future workers’ compensation liability to applicant, when WCAB found that…

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