Reimbursement for Lien for Anesthesiology Services: Cal. Comp. Cases March Advanced Postings (3/7/2013)

Reimbursement for Lien for Anesthesiology Services: Cal. Comp. Cases March Advanced Postings (3/7/2013)

Here’s the second 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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Marriott International, PSI, Petitioner v. Workers' Compensation Appeals Board, Leonorilda Torres, Respondents, 2013 Cal. Wrk. Comp. LEXIS 26

Liens—Medical Treatment—WCAB affirmed WCJ’s finding that lien claimant was entitled to reimbursement for $1,445 lien for anesthesiology services provided to applicant in connection with applicant’s surgical procedure performed at surgery center, when WCAB found that …

Rainbow USA, Inc., Liberty Mutual Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Tammy Raymond, Respondents, 2013 Cal. Wrk. Comp. LEXIS 28

Petitions to Reopen—Good Cause to Reopen—WCAB held that defendant did not show good cause pursuant to Labor Code § 5803 to reopen WCJ’s 2009 Finding of Fact and Order in which WCJ found that defendant failed to rebut Labor Code § 5402 presumption that applicant/store manager’s alleged cumulative trauma injuries to her back and in forms of cardiopulmonary injury, depression, and subsequent infection were industrially caused, when…

Larry Wiacek, Petitioner v. Workers' Compensation Appeals Board, Fujitec America, Inc., Travelers Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 30

Injury AOE/COE—Going and Coming Rule—WCAB held that applicant/elevator mechanic did not sustain injury AOE/COE in form of coccidioidomycosis infection causing valley fever, when…

Medical-Legal Procedure—Qualified Medical Evaluators—WCAB held that it was inappropriate for applicant to hire three qualified medical evaluators in internal medicine to report on issue of causation in connection with his claim for injury to his lungs in form of coccidioidomycosis infection causing valley fever, despite fact that…

California Insurance Guarantee Association, on behalf of Legion Insurance Company, in liquidation (insurer for Production Processing, Inc.), Petitioner v. Workers' Compensation Appeals Board, Stone Stanley, St. Paul Travelers Property Casualty Company of America, William Key, Respondents, 2013 Cal. Wrk. Comp. LEXIS 25

California Insurance Guarantee Association—Other Insurance—Pre-Judgment Interest—WCAB affirmed Arbitrator’s finding that California Insurance Guarantee Association, on behalf of general employer’s insolvent carrier, was not entitled to pre-judgment interest on award of reimbursement against special employer’s workers’ compensation carrier for benefits paid to applicant with industrial injury, when WCAB found that …

California Insurance Guarantee Association—Other Insurance—Administration of Benefits—WCAB granted reconsideration and held that special employer’s workers’ compensation carrier was required to administer applicant’s award of further medical treatment, when Arbitrator found that…

Beneficial Services, Inc., Highlands Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Employers Insurance Company, Rosalie See, Respondents, 2013 Cal. Wrk. Comp. LEXIS 24

Injury AOE/COE—WCAB held that applicant realtor sustained one specific injury AOE/COE on 1/25/2002 to her spine and both knees, had a fall on 10/13/2002 that was compensable consequence of 1/25/2002 injury, and did not sustain cumulative trauma injury AOE/COE, when WCAB found that …

Sanctions—Bad Faith Actions or Tactics—WCAB imposed sanctions of $500 under Labor Code § 5813 on defense attorney and his law firm, jointly and severally, for attaching 97 pages of medical reports to petition for reconsideration that were already part of WCAB’s adjudication file, thus exceeding page limit without obtaining WCAB’s permission, when WCAB found that…

County of Los Angeles, PSI, adjusted by Tristar Risk Management, Petitioner v. Workers' Compensation Appeals Board, Kevin Thompson, Respondents, 2013 Cal. Wrk. Comp. LEXIS 31

Attorney’s Fees—Applicant’s Depositions—WCAB ordered defendant to pay balance of applicant’s attorney’s fees for attorney to represent applicant at his deposition, holding that defendant waived objections to that order and that fees were proper under Labor Code § 5710, when WCAB found that…

R. W. Colgate, dba California Tile Company, Zurich North America, Petitioners v. Workers' Compensation Appeals Board, Daniel Sanchez, Respondents, 2013 Cal. Wrk. Comp. LEXIS 27

Statute of Limitations—WCAB held that statute of limitations of Labor Code § 5405 did not bar applicant’s claim of industrial injury on 3/11/2004 and that defendants did not meet burden under Labor Code §§ 5409 and 5705 of proving this affirmative defense, when WCAB found that…

Lew A. Rorick, Petitioner v. Workers' Compensation Appeals Board, Preferred Plumbing, Inc., Preferred Employers Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 29

Permanent Disability—Rating—WCAB awarded applicant 44 percent permanent disability, without apportionment, for applicant plumber’s 11/4/2002 low back injury from drilling holes in concrete, based on opinions from defense qualified medical evaluator that applicant had restrictions of no heavy work, when WCAB found that…

Evidence—Exclusions—WCAB excluded specified reports from applicant’s treating physician because physician did not sign reports under penalty of perjury and, therefore, did not comply with Labor Code § 5703(a)(2), and WCAB excluded specified…

Discovery—Close of Discovery—WCAB denied applicant’s request to reopen record for evidence about subsequent medical events that could lead to additional temporary disability and permanent disability benefits, when WCAB found that… 

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