Vocational Expert Failed to Explain Why Sit-Stand Station Could Not Accommodate Applicant: Cal. Comp. Cases April Advanced Postings (4/10/2013)

Vocational Expert Failed to Explain Why Sit-Stand Station Could Not Accommodate Applicant: Cal. Comp. Cases April Advanced Postings (4/10/2013)

Here’s the third batch of advanced postings for the April 2013 issue of Cal. Comp. Cases.

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

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Janie Seymour-Jackson, Petitioner v. Workers' Compensation Appeals Board, Rancho Los Amigos National Rehab Center, Tristar, Respondents, 2013 Cal. Wrk. Comp. LEXIS 45 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 45 (Lexis Advance)

Permanent Disability—Rating—WCAB upheld WCJ’s finding that applicant/intermediate clerk incurred 44.75 percent permanent disability as result of left knee injury and 40 percent permanent disability as result of back and psyche injuries, based on opinions of orthopedic and psychiatric agreed medical evaluators and rating issued by Disability Evaluation Unit rating specialist, and held that opinion of applicant’s vocational expert that applicant was unable to compete in open labor market was insufficient to establish permanent total disability, when vocational expert failed to explain why applicant’s need to stand for eight minutes after sitting for 15 minutes could not be accommodated by utilizing “sit-stand” station, and defendant’s vocational expert found that…

Permanent Disability—Rating—Overlap—WCAB affirmed WCJ’s instruction to Disability Evaluation Unit rater to consider overlap between applicant’s back and knee disabilities in rating applicant’s permanent disability, when WCAB found that…

Temporary Disability—Permanent and Stationary Date—WCAB upheld WCJ’s finding that applicant’s industrial injuries became permanent and stationary on 12/22/2004, based on agreed medical evaluator’s opinion rendered after reviewing primary treating physician’s reports, and that fact that applicant continued to treat for her injuries until 2007 did not require finding that she remained temporarily totally disabled until that date, when WCAB found…

Credit—Overpayment of Temporary Disability—WCAB affirmed WCJ’s order deferring issue of defendant’s entitlement to credit for overpayment of temporary disability benefits, when…

Jason Tassell, Petitioner v. Workers' Compensation Appeals Board, Soltek of San Diego/Soltek Pacific Construction Company, California Insurance Guarantee Association, administered by Intercare Holdings Insurance Services, Inc., on behalf of California Compensation Insurance Company, in liquidation, Respondents, 2013 Cal. Wrk. Comp. LEXIS 46 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 46 (Lexis Advance)

Statute of Limitations—Tolling—WCAB held that application for adjudication of claim for 8/1/1995 industrial injury was barred by statute of limitations of Labor Code § 5405(b) because applicant did not file application within one year of date of defendant’s final payment of temporary disability (9/29/1996), that filing application on 11/7/2011 was not timely filing, and that statute of limitations was not tolled on theory that defendant failed to notify applicant of his rights to workers’ compensation benefits, when WCAB found that…

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