Drunk Co-worker Created Danger of Serious Injury: Cal. Comp. Cases June Advanced Postings (6/19/2013)

Here’s the fourth batch of advanced postings for the June 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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County of Los Angeles, PSI, administered by Acclamation Insurance Management Services, Petitioner v. Workers' Compensation Appeals Board, Sandra Ellefson, Respondents, 2013 Cal. Wrk. Comp. LEXIS 99 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 99 (Lexis Advance)
Serious and Willful Misconduct of Employer—WCAB, in split panel decision, reversed WCJ’s finding and held that applicant/eligibility worker met her burden under Labor Code § 4553 of establishing that her psyche, lumbar, and ankle injuries, which occurred when drunk coworker staggered and fell on top of her chair, were caused by employer’s serious and willful misconduct, when WCAB found that…
City of Pasadena, PSI, Petitioner v. Workers' Compensation Appeals Board, Roy Mayes, Respondents, 2013 Cal. Wrk. Comp. LEXIS 98 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 98 (Lexis Advance)
Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding that defendant violated Labor Code § 132a by terminating applicant, who was probationary employee, when applicant showed that he was terminated shortly after returning to work following industrial injury, despite performance evaluation stating that he met requirements of his job, thereby showing that he was…
Atlantic Services, Inc., Ace American Insurance Company, ESIS, administrator for Ace Group, Petitioners v. Workers' Compensation Appeals Board, James Duniven (Dec'd), Janice Duniven (Widow), Respondents, 2013 Cal. Wrk. Comp. LEXIS 97 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 97 (Lexis Advance)
Injury AOE/COE—Burden of Proof—WCAB upheld WCJ’s finding that decedent, who worked as union electrician at nuclear power plant, suffered injury AOE/COE in form of thyroid cancer that resulted in his death in 2010, based on…
Statute of Limitations—Occupational Diseases—Date of Injury—WCAB held that applicants’ 9/22/2010 claim for death benefits arising from decedent’s 8/25/2010 death from industrially-related thyroid cancer was not barred by statute of limitations because…
Due Process—WCAB held that it did not deny defendant’s due process rights by proceeding to trial without defendant and relying on agreed medical evaluator’s opinion to award death benefits even though defendant did not agree to agreed medical evaluator selected by parties, when WCAB found that…
Death Benefits—Amount of Benefit—Date of Injury as Determinative—WCAB held that decedent’s widow and two dependent children were entitled to award of death benefits at rate in effect at decedent’s death from thyroid cancer in 2010 rather than…
Steven Rowles, Petitioner v. Workers' Compensation Appeals Board, Air Products and Chemicals, Inc., Ace/USA Insurance, administered by ESIS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 100 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 100 (Lexis Advance)
Petitions for Writ of Review—Verifications—Required Documents—Court of Appeal deemed petition for writ of mandate or review to be petition for writ of review and denied petition because (1) petition was not verified as required under Code of Civil Procedure § 1069, and (2) because…

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