Medical Provider’s Lien Barred by Laches: Cal. Comp. Cases November Advanced Postings (10/31/2013)

Here’s the second batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Advanced Orthopedics, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles, PSI, Arif M. Halaby, Respondents, 2013 Cal. Wrk. Comp. LEXIS 169 (, 2013 Cal. Wrk. Comp. LEXIS 169 (Lexis Advance)

Liens—Medical Treatment—Laches—WCAB affirmed WCJ’s finding that medical provider’s lien for medical services rendered to applicant/police officer during period 1993, which was date medical provider entered PPO contract with Blue Cross of California, through date medical provider sold his business in 2008, was barred by doctrine of laches, when WCAB found that…

Ralph Gambina, Petitioner v. Workers' Compensation Appeals Board, Canyon Market, Springfield Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 170 (, 2013 Cal. Wrk. Comp. LEXIS 170 (Lexis Advance)

Psychiatric Injury—Burden of Proof—WCAB affirmed WCJ’s finding that applicant/liquor store clerk did not meet burden of proving that he suffered compensable psychiatric injury pursuant to Labor Code § 3208.3(b)(2), when WCAB found that…

Stipulations—WCAB held that WCJ correctly relied on parties’ factual stipulations made at trial with regard to applicant/liquor store clerk’s injured parts of body, rather than on pre-trial stipulations, when WCAB found that…

Southwest Transportation Agency, PSI, administered by Tristar Risk Management, Petitioner v. Workers' Compensation Appeals Board, Charles Scranton, Respondents, 2013 Cal. Wrk. Comp. LEXIS 171 (, 2013 Cal. Wrk. Comp. LEXIS 171 (Lexis Advance)

Statute of Limitations—Cumulative Trauma Injury—Date of Injury—WCAB, affirming WCJ, held that applicant/bus driver’s claim for cumulative trauma to his back and in form of sleep disorder during period 12/6/85 to 8/15/2005 was not barred by one-year statute of limitations, notwithstanding that claim was filed more than four years after alleged period of cumulative trauma, when WCAB found that …

Marjorie Young, Petitioner v. Workers' Compensation Appeals Board, County of Santa Barbara, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 172 (, 2013 Cal. Wrk. Comp. LEXIS 172 (Lexis Advance)

Awards—Accrual of Interest—WCAB, affirming WCJ, held that interest under Labor Code § 5800 on applicant/county clerk’s retroactive award of temporary disability for period 5/7/90 to 7/17/98, awarded after applicant’s original 5/7/90 award for 1/19/89 back and neck injury was reopened, did not accrue from date of original 5/7/90 award, as contended by applicant, but rather…



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