Lien Claim Not Time Barred When Defendant Acknowledged Notice of Lien: Cal. Comp. Cases March Advanced Postings (3/19/2013)

Lien Claim Not Time Barred When Defendant Acknowledged Notice of Lien: Cal. Comp. Cases March Advanced Postings (3/19/2013)

Here’s the fourth batch of advanced postings for the March 2013 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

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County of San Bernardino, Petitioner v. Workers' Compensation Appeals Board, Harold Hansen, Respondents, 2013 Cal. Wrk. Comp. LEXIS 38 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 38 (Lexis Advance)

Liens—Medical—Statute of Limitations—WCAB affirmed WCJ’s finding that lien claimant’s lien for medical treatment provided to applicant/deputy sheriff with right shoulder injury and left knee injury was not barred by statute of limitations in Labor Code § 4903.5, when WCAB found that…

Athen Administrators, administrator for East Bay Municipal Utility District, Petitioner v. Workers' Compensation Appeals Board, Richard Kite, Respondents, 2013 Cal. Wrk. Comp. LEXIS 34 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 34 (Lexis Advance)

Permanent Disability—Rating—AMA Guides—WCAB held that WCJ did not err in combining permanent disability stemming from injury to each of applicant/forklift operator’s hips by using simple addition, rather than by using combined values chart or reduction method, based on panel qualified medical evaluator’s opinion, when WCAB found that…

Permanent Disability—Offers of Regular, Modified, or Alternative Employment—WCAB upheld WCJ’s finding that applicant was entitled to 15 percent increase in permanent disability awarded for hip injury, based on defendant’s failure to send return-to-work offer until well beyond 60 days from…

Samuel Turco, Petitioner v. Workers' Compensation Appeals Board, City of Oakland, PSI, adjusted by JT2 Integrated Resources, Respondents, 2013 Cal. Wrk. Comp. LEXIS 37 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 37 (Lexis Advance)

Statute of Limitations—Cumulative Injury—WCAB, reversing WCJ, held that applicant’s claim against defendant for cumulative injury to his heart and cardiovascular system over his period of employment as police officer through 3/27/98 was barred by statute of limitations in Labor Code § 5405, when WCAB found that…

Robert Llano, Petitioner v. Workers' Compensation Appeals Board, Neocomp Systems, Inc., California Insurance Guarantee Association, administered by Sedgwick, on behalf of Fremont Insurance, in liquidation, Respondents, 2013 Cal. Wrk. Comp. LEXIS 35 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 35 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant field engineer 28 percent permanent disability (30 percent standard before adjustment for age and occupation) for 3/16/2001 admitted industrial right shoulder injury that occurred when he dislocated his shoulder while carrying heavy computer monitors, with WCAB’s rating based on…

Felis Ruelas, individually and dba Happy's Mobile Wash, Petitioner v. Workers' Compensation Appeals Board, Oscar Ornelas Castaneda, Respondents, 2013 Cal. Wrk. Comp. LEXIS 36 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 36 (Lexis Advance)

Employment Relationships—Employee Status—WCAB held that applicant was employee of defendant on date of injury, 4/9/2009, not independent contractor, when WCAB found that…

Going and Coming Rule—WCAB held that applicant’s injury was not barred by going and coming rule, when WCAB found that applicant commuted from his home to…

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