Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)

Here’s the third batch of advanced postings for the June 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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Allgreen Landscape, Everest National Insurance Company, administered by FARA Adjusting Services, Petitioners v. Workers' Compensation Appeals Board, Felix Nino Mota, Respondents, 2012 Cal. Wrk. Comp. LEXIS 65

Medical Treatment—Liens—Home Healthcare—WCAB, granting reconsideration, held that lien claimant/wife was entitled to recover reasonable value of home health care services that she provided to her husband/landscaper who suffered injuries to multiple body parts, when WCAB found that …

Stewart Espinoza, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles/Sheriff's Department/Los Angeles County Jail, PSI, administered by Tristar Risk Management/Tristar Irvine, Respondents, 2012 Cal. Wrk. Comp. LEXIS 66

Employment Relationships—County Prisoners—WCAB, reversing WCJ, held that applicant, who was county jail inmate working in jail’s kitchen at time of alleged left shoulder injury, was not “employee” of Los Angeles county jail for purposes of workers’ compensation liability, when county ordinance specified that all prisoners of county jail “may be compelled to perform labor” and that such prisoners were not to be considered employees for purposes of workers’ compensation laws, and WCAB found that...

Fresno Unified School District, PSI, Petitioner v. Workers' Compensation Appeals Board, Roberto Barajas, Respondents, 2012 Cal. Wrk. Comp. LEXIS 67

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ’s finding that applicant/grounds keeper/gardener incurred 27 percent permanent disability as result of industrial injuries to his right wrist, right hand, and right fingers, based on agreed medical evaluator's opinion, and held that agreed medical evaluator adequately justified his departure from strict application of AMA Guides by including measurements of applicant's grip loss as separate factor of disability, pursuant to …

Penalties—Failure to Timely Pay Permanent Disability—WCAB held that defendant’s failure to assess reasonable estimate of applicant’s permanent disability and initiate timely payments supported imposition of …

Emilia Olguin, Petitioner v. Workers' Compensation Appeals Board, ESIS Division of ACE/USA Insurance, PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 70

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ’s finding that applicant/insurance clerk, who suffered specific injuries to her cervical spine and elbows and cumulative trauma injuries to her cervical spine, elbows, wrists, and psychological system, incurred 22 percent permanent disability after apportionment based on …

Evidence—Medical Evidence—WCAB held that panel qualified medical evaluator’s opinion constituted substantial evidence to support WCJ’s finding that applicant's fibromyalgia was non-industrial, when …

Paul Gove (Dec'd), Sharon Gove (Widow), Petitioners v. Workers' Compensation Appeals Board, Miller Coors LLC, Sabmiller Holdings, Inc., ESIS (Chatsworth), Respondents, 2012 Cal. Wrk. Comp. LEXIS 68

Injury AOE/COE—WCAB held that deceased employee did not sustain injury AOE/COE on 10/20/2009 resulting in death on 11/25/20009, when WCAB found that decedent worked for employer as machinist, that on 10/20/2009 he was scheduled to begin shift at 2:30 p.m., that he arrived at work premises 12:42 p.m., that there was insufficient evidence that he was …

Kaiser Foundation Hospital, PSI, Petitioner v. Workers' Compensation Appeals Board, Sharon Long, Respondents, 2012 Cal. Wrk. Comp. LEXIS 69

Injury AOE/COE—WCAB reversed WCJ and held that applicant sustained cumulative trauma injury AOE/COE to her neck, low back, knees, and spine from 12/14/2004 through 12/14/2005 from stresses and strains of her arduous job duties as registered nurse, especially positioning and lifting patients, based on opinions…

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