Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)

Here’s the fourth 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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Testequity, LLC, Hartford Insurance Company of the Midwest, Petitioners v. Workers' Compensation Appeals Board, Russell J. Piccirillo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 50 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 50 (Lexis Advance)

Evidence—Medical Evidence—WCAB’s Duty to Develop Record—WCAB denied defendant’s petition for removal from WCJ’s order directing parties to further develop medical record by obtaining supplemental reports and, if necessary, deposition testimony from reporting physician on issue of causation with regard to applicant/electronics repair technician’s claim for cumulative trauma psychiatric and internal injuries, when WCAB found that…

Shannon Lantz, individually and as guardian ad litem for Zane A. Lantz, a minor, Kody R. Lantz, a minor, Haley M. Fitzjerrel, a minor, Tyler P. Lantz, a minor, and Patrick Lantz (Dec'd), Petitioners v. Workers' Compensation Appeals Board, State of California/California Department of Corrections (Pleasant Valley State Prison), legally uninsured, adjusted by State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 49 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 49 (Lexis Advance)

Injury AOE/COE—Going and Coming Rule—Special Mission—WCAB, rescinding WCJ’s finding, held that applicant’s claim for death benefits stemming from death of decedent/correctional officer was barred by “going and coming” rule, when WCAB found that…

Warner Bros./Warner Bros. Studio Facilities, PSI, Petitioner v. Workers' Compensation Appeals Board, Edward Felix, Respondents, 2013 Cal. Wrk. Comp. LEXIS 51 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 51 (Lexis Advance)

Medical Treatment—Spinal Surgery Second Opinion Process—WCAB affirmed WCJ’s finding that defendant was liable for spinal fusion surgery self-procured by applicant/special effects person with lumbar spine injury and for subsequent temporary disability indemnity, when WCAB found that…

Sherman Draper, Petitioner v. Workers' Compensation Appeals Board, OSA Group, Inc./LACCD/OCIP, insured by ACE USA, administered by ESIS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 48 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 48 (Lexis Advance)

WCAB Jurisdiction—Alternative Dispute Resolution—WCAB held that it did not have jurisdiction to determine application for adjudication of claim raising issue of earnings/compensation rate for temporary total disability for applicant electrician’s 8/12/2008 industrial injury because res judicata applied and this issue was already determined through use of properly established alternative dispute resolution process and final order pursuant to Labor Code § 3201.5, when WCAB found that …

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