Insurer Entitled to Credit for Third Party Recovery in Porta-Potty Injury Case: Cal. Comp. Cases May Advanced Postings (5/12/12)

Here’s the next batch of advanced postings for the May 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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Pedro Gonzalez, Petitioner v. Workers' Compensation Appeals Board, Consolidated Fire Protection Holdings, Inc., Zurich American Insurance Company/Zurich North America, Respondents, 2012 Cal. Wrk. Comp. LEXIS 40

Credit—Third-Party Recovery—WCAB held that agreement between applicant/pipefitter’s employer, acting as subcontractor on construction site, and general contractor under which employer waived its subrogation rights did not extinguish workers’ compensation carrier’s right to credit under …

Angella Keitt, Petitioner v. Workers' Compensation Appeals Board, Agua Caliente Casino, Tribal First, Respondents, 2012 Cal. Wrk. Comp. LEXIS 41

Jurisdiction—Indian Tribes—WCAB affirmed WCJ’s finding that defendant Indian tribe did not waive its sovereign immunity for purposes of conferring California jurisdiction by allegedly breaching Tribal Gaming Compact between itself and State of California, when WCAB found that …

The Oakland Raiders, ACE USA, administered by ESIS West WC Claims, Petitioners v. Workers' Compensation Appeals Board, Sean Gilbert, Respondents, 2012 Cal. Wrk. Comp. LEXIS 43

Permanent Disability—Apportionment—WCAB, in panel majority opinion, affirmed WCJ's findings that applicant/professional football player incurred 100 percent permanent disability as result of cumulative trauma to multiple body parts during period 1992 through 12/22/2003 while playing for various football teams, that, based on last year of injurious exposure, Oakland Raiders had sole liability for …

Permanent Disability—Rating—Permanent Total Disability—WCAB, in panel majority opinion, affirmed WCJ’s findings that applicant/professional football player incurred 100 percent permanent disability as result of cumulative trauma to multiple body parts during period 1992 through 12/22/2003, when …

Patrick Turnstall, Petitioner v. Workers' Compensation Appeals Board, City of Santa Rosa, PSI, administered by Redwood Empire Municipal Insurance Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 42

Petitions for Writ for Review—Exhibits—Court of Appeal denied petition for writ of review because it did not include…