No Apportionment of Psychiatric Disability for Spouse’s Gambling, Lack of Job: Cal. Comp. Cases August Advanced Postings (8/16/2013)

Here’s the third batch of advanced postings for the August 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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Diane Gomez, Petitioner v. Workers' Compensation Appeals Board, San Juan Unified School District, PSI, adjusted by York Risk Services/York Insurance Services Group, Respondents, 2013 Cal. Wrk. Comp. LEXIS 124 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 124 (Lexis Advance)

Permanent Disability—Rating—Apportionment—WCAB awarded applicant 77 percent permanent disability, after apportionment and with life pension, for 1/24/2005 injury AOE/COE to back with psychiatric sequella, based on parties’ stipulation that applicant’s overall permanent disability for this injury was 100 percent, before apportionment, and based on WCJ’s ratings of opinions from orthopedic panel qualified medical evaluator and psychiatric agreed medical evaluator (orthopedic panel qualified medical evaluator gave opinion that 80 percent of applicant’s orthopedic permanent disability was due to 1/24/2005 industrial injury, which WCJ rated as 19 percent, psychiatric agreed medical evaluator gave opinions that WCJ rated as 72 percent after apportionment, and combination of 19 percent and 72 percent resulted in 77 percent rating), when WCAB found that…

David Guzman, Petitioner v. Workers' Compensation Appeals Board, Sysco Ventura, Inc./Sysco Foods, Zurich American, American Home Assurance, administered by Gallagher Basset, Respondents, 2013 Cal. Wrk. Comp. LEXIS 125 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 125 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant did not meet burden of proving claimed injuries to psyche AOE/COE on 11/25/2008 or 10/14/2009, or on cumulative basis ending 10/6/2010, in that applicant did not show that actual events of employment were predominant as to all causes of claimed psychiatric injuries under Labor Code § 3208.3(b)(1), when WCAB found that…

WCAB’s Duty to Develop Record—WCAB held that it had no duty to develop record on issue of injury to psyche when…

Ruthie Franklin, Petitioner v. Workers' Compensation Appeals Board, Pharmavite, LLC, Liberty Mutual Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 123 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 123 (Lexis Advance)

Permanent Disability—Medical Treatment—WCAB awarded applicant 29 percent permanent partial disability, after apportionment, and further medical treatment, for cumulative trauma injury AOE/COE ending 9/11/2008 to neck, right upper extremity, psyche, and in form of pain and insomnia, when…

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