Lien Activation Fees En Banc Decision Denied Writ: Cal. Comp. Cases September Advanced Postings (9/20/2013)

Here’s another batch of advanced postings for the September 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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New Age Imaging, Inc., Petitioner v. Workers' Compensation Appeals Board, Ana Terrazas, Allstate Insurance Company, administered by Specialty Risk Services, (Luis Martinez), Respondents, 2013 Cal. Wrk. Comp. LEXIS 141 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 141 (Lexis Advance)

Liens—Activation Fees—Costs—WCAB en banc held that (1) claim for medical-legal expenses may not be filed as petition for costs under Labor Code § 5811, and (2) medical-legal lien claimants who withdrew their liens and filed petitions for costs prior to present decision may pursue recovery through lien process if they comply with lien activation fee requirements of Labor Code § 4903.06 and if their liens have not otherwise been dismissed, when WCAB en banc found that…

Granite State Insurance Company, insurer for SMT Resource, Petitioner v. Workers' Compensation Appeals Board, Robert Crane, Respondents, 2013 Cal. Wrk. Comp. LEXIS 140 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 140 (Lexis Advance)

Evidence—Admissibility—Vocational Expert—WCAB affirmed WCJ’s finding that applicant/warehouse manager with injuries to his cervical spine, right shoulder, psyche, neurogenic bladder, and in forms of headaches, erectile dysfunction, and carpal tunnel syndrome, incurred 100 percent permanent disability based in part on testimony of applicant’s vocational expert that applicant was unable to compete in open labor market, and found that WCJ did not err in excluding report of defense vocational expert under Labor Code § 5703(j) because…

County of Los Angeles (Department of Public Social Services), PSI, Petitioner v. Workers' Compensation Appeals Board, Margaret Hicks, Respondents, 2013 Cal. Wrk. Comp. LEXIS 139 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 139 (Lexis Advance)

Permanent Disability—Rating—Apportionment—WCAB awarded applicant clerk/supervisor 100 percent permanent total disability, without apportionment, for applicant’s cumulative trauma industrial injuries from 1966 through 7/29/2002 to multiple body parts (upper extremities, back, neck, shoulders, knees, psyche, fibromyalgia, bruxism, and salivary changes secondary to medication), with WCAB’s award was based on…

Pearl Sampson, through her Guardian ad Litem Silvester Sampson, Petitioner v. Workers' Compensation Appeals Board, Angelica Textile Corporation, American Motorist Insurance Company, adjusted by Broadspire, Respondents, 2013 Cal. Wrk. Comp. LEXIS 142 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 142 (Lexis Advance)

Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review not filed within 45 days required under Labor Code § 5950 and granted defendants’ motion for reconsideration of…

Alonzo Watkins, Petitioner v. Workers' Compensation Appeals Board, Long Beach Unified School District, PSI, administered by Tristar Risk Management, Respondents, 2013 Cal. Wrk. Comp. LEXIS 144 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 144 (Lexis Advance)

Findings and Awards—Compromise and Release—Payments—WCAB held that applicant teacher did not prove by substantial evidence that he did not receive two payments from defendant for…

United Parcel Service, Liberty Mutual Insurance, adjusted by Helmsman Management Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Peter Zirkle, Respondents, 2013 Cal. Wrk. Comp. LEXIS 143 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 143 (Lexis Advance)

Workers’ Compensation Judges—Disqualification—WCAB denied defendants’ petition to disqualify WCJ, when defendants brought petition on grounds of WCJ’s bias based on their contentions that WCJ showed bias in remarks about defendants when…

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