HR Manager’s Widow Denied Death Benefits: Cal. Comp. Cases November Advanced Postings (11/16/2011)

HR Manager’s Widow Denied Death Benefits: Cal. Comp. Cases November Advanced Postings (11/16/2011)

Featured Case of the Week: HR Manager’s Widow Denied Death Benefits

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Kathleen Brezensky (Widow) and Chester Brezensky (Dec'd), Petitioners v. Workers' Compensation Appeals Board, Lockheed Martin, PSI, administered by ESIS, Respondents, 2011 Cal. Wrk. Comp. LEXIS 173

Death Benefits—Statute of Limitations—WCAB, reversing WCJ, held that widow’s claim for death benefits stemming from her husband’s 8/31/2009 death more than 240 weeks following 5/1/2002 industrial injury was barred by Labor Code § 5406(c) statute of limitations, and that widow’s lack of knowledge that she had death claim did not toll 240-week limitations period in Labor Code § 5406(c) because such knowledge is irrelevant if death occurs more than 240 weeks after industrial injury, since 240-week time provision is condition that must exist in order for any claim for dependent death benefits to accrue.

Here’s the rest of the fourth batch of advanced postings for the November 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries.

David Dykes, Petitioner v. Workers' Compensation Appeals Board, E & J Gallo Winery, PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 175

Psychiatric Injury—Burden of Proof—WCAB, reversing WCJ’s finding, held that applicant/winery worker with back injury failed to meet his burden of proving that he sustained compensable injury to his psyche pursuant to Labor Code § 3208.3(b)(1), when WCAB found …

Connecticut Indemnity Insurance Company, insurer for Delicato Vineyards, Petitioner v. Workers' Compensation Appeals Board, Gary Barnett, Respondents, 2011 Cal. Wrk. Comp. LEXIS 174

Temporary Disability—Five-Year Statute of Limitations—WCAB held that applicant/maintenance and refrigeration mechanic who sustained admitted industrial injuries to both knees and hips on 5/28/2002 was entitled to additional temporary total disability for period 4/25/2006 through 1/21/2009, when applicant filed petition to reopen for new and further disability within five years from date of injury, and WCAB found… Permanent Disability—Apportionment—WCAB held that there was no basis for apportionment of 70-percent permanent disability awarded to applicant/maintenance and refrigeration mechanic who sustained admitted industrial injuries to both knees and hips on 5/28/2002, when WCAB found …

Visalia Unified School District, PSI, administered by Keenan and Associates, Petitioner v. Workers' Compensation Appeals Board, Heidi Marshall, Respondents, 2011 Cal. Wrk. Comp. LEXIS 177

Permanent Disability—Apportionment—Multiple Injuries—WCAB affirmed WCJ's finding that applicant/teacher incurred 78-percent permanent disability as result of specific injuries on 10/29/2004 to her low back, neck, and right elbow, and on 2/2/2005 to her neck, both upper extremities, low back, and right toe, and that, based on …

Omelet & Waffle Shop, Tower Group Companies (formerly Specialty Underwriters Alliance), Petitioners v. Workers' Compensation Appeals Board, Francisco Arizmendi, Respondents, 2011 Cal. Wrk. Comp. LEXIS 176

Petitions for Reconsideration—Final Orders—WCAB dismissed defendants’ petition for reconsideration of WCJ’s order, which vacated submission of case, appointed regular physician under Labor Code § 5701 to evaluate applicant’s claimed orthopedic injuries, and took matter off calendar, when WCAB held that…

Removal to WCAB—WCAB denied defendants’ petition for removal to WCAB, holding that defendants did not show that substantial prejudice or irreparable harm would result if …

Kristian Von Ritzhoff, Petitioner v. Workers' Compensation Appeals Board, Ogden Entertainment Services, et al., Respondents, 2011 Cal. Wrk. Comp. LEXIS 178

Petitions for Writ of Mandate/Mandamus—Court of Appeal dismissed applicant’s petition for writ of mandate/mandamus requesting Court of Appeal to order WCAB to respond to two petitions filed by applicant, when WCAB…