Leave of Absence Benefits Did Not Constitute Temporary Disability Indemnity for Purposes of Temporary Disability Cap: Cal. Comp. Cases March Advanced Postings (2/29/2012)

Leave of Absence Benefits Did Not Constitute Temporary Disability Indemnity for Purposes of Temporary Disability Cap: Cal. Comp. Cases March Advanced Postings (2/29/2012)

Here’s the first batch of advanced postings for the March 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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City of San Rafael, PSI, adjusted by Redwood Empire Municipal Insurance Fund, Petitioner v. Workers' Compensation Appeals Board, Monte Payne, Respondents, 2012 Cal. Wrk. Comp. LEXIS 14

Temporary Disability—Two-Year Limitation on Temporary Disability Indemnity—Leave of Absence Benefits—WCAB, affirming WCJ’s finding, held that Labor Code § 4850 benefits received by applicant/firefighter, who suffered specific industrial injuries multiple body parts and during cumulative periods, did not constitute temporary disability indemnity for purposes of Labor Code § 4656(c)(1) cap on temporary disability.

Stipulations—Setting Aside—WCAB held that defendant did not show good cause to set aside stipulation made at MSC that applicant/firefighter incurred industrial injury through cumulative period 11/23/2007, notwithstanding defendant’s contention that evidence showed that applicant did not work during this period, when WCAB found that defendant presumably was aware of periods applicant worked at time it made stipulation and that, although WCAB has discretion to reject factual stipulations, there was no basis to do so in this case.

Tobar Industries, Petitioner v. Workers' Compensation Appeals Board, Kenny Phan, Respondents, 2012 Cal. Wrk. Comp. LEXIS 17

Settlements—Compromise and Release—Application of Labor Code § 3202 to Ambiguities—WCAB, reversing WCJ, held that applicant did not waive his Labor Code § 132a claim in settlement of his claim for left upper extremity injury via compromise and release agreement, when neither applicant nor defense counsel initialed Labor Code § 132a issue in paragraph 9 of compromise and release form to expressly include…

Reza Jahangani, Petitioner v. Workers' Compensation Appeals Board, Woodward HRT, Zurich Los Angeles, Respondents, 2012 Cal. Wrk. Comp. LEXIS 15

Petitions for Reconsideration—Time to File—WCAB dismissed applicant’s petition for reconsideration of WCJ’s Findings and Award, when WCAB found…

Injury AOE/COE—Alternatively, if petition for reconsideration were not dismissed, WCAB would deny petition for reconsideration of its holding that applicant did not sustain two claimed industrial injuries in 3/2010, based on medical record and applicant’s supervisor’s testimony, when WCAB found that…

Christine Nguyen, Petitioner v. Workers' Compensation Appeals Board, Qualcomm, Inc., Sedgwick Claims Management Services, Respondents, 2012 Cal. Wrk. Comp. LEXIS 16

Petition for Writ of Review—Exhibits—Court of Appeal denied applicant’s petition for writ of review of WCAB order because applicant did not include documents required under…

Yellow Transportation, Inc., PSI, adjusted by Gallagher Bassett Services, Petitioner v. Workers' Compensation Appeals Board, Pete L. Lozano, Jr., Respondents, 2012 Cal. Wrk. Comp. LEXIS 12

Medical Treatment—WCAB ordered defendant to pay for medical treatment for applicant’s industrial injury, under Labor Code § 4600, with treatment to include weight loss program, then orthopedic surgery for left shoulder, based on…

Temporary Total Disability—WCAB awarded applicant temporary total disability from 4/10/2009 through 8/25/2011, when WCAB found that…