CIGA Not Entitled to Prejudgment Interest When Amounts Reimbursed Constituted Compensation, Not Damages: Cal. Comp. Cases May Advanced Postings (4/24/2013)

CIGA Not Entitled to Prejudgment Interest When Amounts Reimbursed Constituted Compensation, Not Damages: Cal. Comp. Cases May Advanced Postings (4/24/2013)

Here’s the first batch of advanced postings for the May 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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California Insurance Guarantee Association, administered by Intercare Insurance Services, on behalf of Reliance Insurance Company, in liquidation, insurer for Pay Day, Inc., Petitioner v. Workers' Compensation Appeals Board, Rocket Science Laboratories, Fireman's Fund Insurance Company, (Thomas Colomaria), Respondents, 2013 Cal. Wrk. Comp. LEXIS 52 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 52 (Lexis Advance)

California Insurance Guarantee Association—Other Insurance—Pre-Judgment Interest—WCAB affirmed WCJ’s finding that California Insurance Guarantee Association was not entitled to pre-judgment interest on amounts ordered reimbursed to it for benefits paid to applicant/supervising producer with industrial injuries, when WCAB found that…

Kay Rodriguez, Petitioner v. Workers' Compensation Appeals Board, State of California/Department of Social Services, legally insured, administered by State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 53 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 53 (Lexis Advance)

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ’s finding that applicant/licensed program analyst incurred 31 percent permanent disability as combined result of cumulative trauma industrial injuries to her right wrist, right hand, right shoulder, neck, and back, with 11 percent permanent disability attributable to her hand/wrist injuries based on…

Zurich North American (administered by Broadspire), insurer for Holt, Rinehart & Winston (subsidiary of Harcourt), Petitioner v. Workers' Compensation Appeals Board, Holt, Rinehart & Winston (subsidiary of Harcourt), insured by Liberty Mutual Insurance Company, (Gwendolyn Driver), Respondents, 2013 Cal. Wrk. Comp. LEXIS 54 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 54 (Lexis Advance)

Permanent Disability—Apportionment—Successive Injuries—WCAB affirmed WCJ’s finding that applicant/salesperson incurred 100 percent permanent disability as combined result of industrial injuries to her knees and back on 10/3/2002, to her neck and back during periods 10/2001 to 3/18/2002 and 9/5/2002 to 6/20/2003, and to her neck back, knees, wrists and upper extremities from 10/2001 to 6/30/2003, and that there was no basis for apportionment pursuant to Labor Code § 4663 and Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113, when…

Credit—Settlement of Permanent Disability with Codefendant—WCAB held that defendant was not entitled to credit against its liability for permanent total disability incurred by applicant/salesperson with multiple specific and cumulative industrial injuries for monies received by applicant in settlement with codefendant that had liability for applicant’s cumulative trauma injuries during periods 10/2001 to 3/18/2002 and 10/2001 to 6/30/2003, when WCAB found that…

Temporary Disability—Duration of Disability—WCAB held that opinions of applicant/salesperson’s treating physician and agreed medical evaluator constituted substantial evidence to support…

Penalties—Delay in Payment of Temporary Disability—Failure to Self-Impose Penalty—WCAB upheld WCJ’s award of Labor Code § 5814 penalties to applicant/salesperson with multiple specific and cumulative injuries for defendant’s unreasonable delayed payment of temporary disability benefits for periods from 3/11/2005 to 4/21/2005 and 3/11/2005 to 6/30/2005, for failure to self-impose penalties on delayed payments under Labor Code § 4650(d), and for failure to pay temporary disability at correct weekly rate for period 3/11/2005 to 8/11/2005, when WCAB found that…

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