Stipulation to Reserve Jurisdiction Upheld: Cal. Comp. Cases December Advanced Postings (11/26/2013)

Here’s the second batch of advanced postings for the December 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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Verizon Communications, American Home Assurance Co., administered by Sedgwick Claims Management Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Thomas Head, Respondents, 2013 Cal. Wrk. Comp. LEXIS 184 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 184 (Lexis Advance)

WCAB’s Jurisdiction—Five-Year Statute of Limitations—Stipulations—WCAB, affirming WCJ, held that WCAB had jurisdiction to award applicant/maintenance worker 100 percent permanent disability beyond five years from date of injury to his right shoulder, when applicant had previously received stipulated award of 56 percent permanent disability, under which parties stipulated to defer issues regarding validity and rebuttal of 2005 Permanent Disability Rating Schedule, presumably pending court of appeal’s decision in Ogilvie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127 (Appeals Board en banc opinion), and WCAB found that stipulation clearly indicated parties’ intent to reserve jurisdiction over permanent disability issues until law was settled, and that applicant was not required to file petition to reopen within five years from date of injury pursuant to Labor Code §§ 5410 and 5804 because parties stipulated to reserve jurisdiction, and parties were bound by stipulation.

Regis Corp., Liberty Mutual Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Kathy Matheney, Respondents, 2013 Cal. Wrk. Comp. LEXIS 183 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 183 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant 71 percent permanent partial disability, without apportionment and with life pension, for 1/11/1999 injury AOE/COE to upper back, cervical spine with radiculopathy and bilateral shoulder symptoms, and right upper extremity (including hand and fingers), when…

Angela M. Gjertsen, Candace Eves, et al., Petitioners v. Workers' Compensation Appeals Board, Vons Companies, Inc., Respondents, 2013 Cal. Wrk. Comp. LEXIS 181 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 181 (Lexis Advance)

Removal to WCAB—WCAB denied applicant’s petition to remove case to itself, when applicant’s step-daughter provided home health care services for applicant’s cumulative trauma industrial injury that occurred i1/16/2008 to 1/16/2009, when WCAB found that…

Tracy Randall, Petitioner v. Workers' Compensation Appeals Board, Home Consignment Center, Truck Insurance Exchange, Respondents, 2013 Cal. Wrk. Comp. LEXIS 182 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 182 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review not taken from final order or decision of WCAB, when applicant was appealing WCAB decision that rescinded WCJ’s decision holding that…

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