Here’s the latest 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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City of Foster City, The Cities Group, Petitioners v. Workers' Compensation Appeals Board, Michael McLaughlin (Dec'd), Kathy McLaughlin (Widow), Respondents, 2013 Cal. Wrk. Comp. LEXIS 189 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 189 (Lexis Advance)
Injury AOE/COE—Death from Vicodin Overdose—WCAB affirmed WCJ’s finding that decedent/police officer’s death arose out of and in course of his employment with defendant, when WCAB found that proximate cause requirement in Labor Code § 3600(a)(3) was met because decedent’s death was caused by accidental overdose of Vicodin prescribed by treating physician for pain related to decedent’s industrial orthopedic injuries, that there was no evidence that…
Barrett Business Services, Inc., PSI, Petitioner v. Workers' Compensation Appeals Board, Michael Gallagher, Respondents, 2013 Cal. Wrk. Comp. LEXIS 187 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 187 (Lexis Advance)
Permanent Disability—Rating—Diminished Future Earning Capacity—“Ogilboeuf”—WCAB awarded applicant/production worker 100 percent permanent total disability, without apportionment, for admitted industrial injury to lumbar spine and psyche, notwithstanding agreed medical evaluator’s reporting that applicant had 35 percent whole person impairment under AMA Guides, when agreed medical evaluator opined that…
Stella Jacobs, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections and Rehabilitation, legally uninsured, adjusted by State Compensation Insurance Fund, Rochelle Gladden, Respondents, 2011 Cal. Wrk. Comp. LEXIS 217 (lexis.com), 2011 Cal. Wrk. Comp. LEXIS 217 (Lexis Advance)
Death Benefits—Conclusive Presumption of Total Dependency—Domestic Partners—WCAB, reversing WCJ, held that decedent/parole agent’s same sex domestic partner was not entitled to Labor Code § 3501(b) conclusive presumption of total dependency for purpose of entitlement to death benefits, when WCAB found that partner was not decedent’s registered domestic partner as required under…
City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Laverne Maliga, Respondents, 2013 Cal. Wrk. Comp. LEXIS 188 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 188 (Lexis Advance)
Injury AOE/COE—Employment-Related Educational Activities—WCAB affirmed WCJ’s finding that injuries incurred by applicant/firefighter to her right lower extremity and right ankle while attending trench rescue training class were compensable, even though…
Companion Property and Casualty Insurance Company (insurer for Ramirez Labor Services, Inc.), administered by S & C Claims Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Daniel Alonso, Respondents, 2013 Cal. Wrk. Comp. LEXIS 190 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 190 (Lexis Advance)
Injury AOE/COE—Post-Termination Defense—WCAB held that defendant employer did not meet burden of proving post-termination defense of Labor Code § 3600(a)(10), when WCAB found that…
Evidence—Adverse Inferences—WCAB found that neither party issued subpoena for defendant’s supervisor to testify at…
Paul Graham, Petitioner v. Workers' Compensation Appeals Board, County of Santa Clara, PSI, (Office of the Sheriff), Respondents, 2013 Cal. Wrk. Comp. LEXIS 185 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 185 (Lexis Advance)
Settlements—Compromise and Release Agreements—Interpretation—WCAB, affirming WCJ, held that order approving compromise and release, under which applicant/deputy sheriff received sum of $25,000, included settlement of applicant’s claim for injuries incurred in motorcycle accident involving third-party, in addition to applicant’s subsequent claim for industrial cumulative trauma cardiovascular injury, when WCAB found that…
Dan Fike, Petitioner v. Workers' Compensation Appeals Board, Baltimore Ravens/Cleveland Browns, Respondents, 2013 Cal. Wrk. Comp. LEXIS 191 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 191 (Lexis Advance)
WCAB Jurisdiction—Exemptions—Professional Athletes—WCAB affirmed WCJ’s finding that applicant/professional football player was temporarily employed in State of California during period of alleged cumulative trauma while playing for Cleveland Browns, and that California WCAB lacked jurisdiction over applicant’s workers’ compensation claim pursuant to Labor Code § 3600.5(b) and en banc decision in Carroll v. Cincinnati Bengals (2013) 78 Cal. Comp. Cases 655 (Appeals Board en banc opinion), when WCAB found that…
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