Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

© Copyright 2014 LexisNexis. All rights reserved.

SNCC for Lam Research Corporation, adjusted by Matrix Absence Management, Inc., Petitioner v. Workers' Compensation Appeals Board, Balgovind Sharma, Respondents, 2013 Cal. Wrk. Comp. LEXIS 208 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 208 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant research scientist 100 percent permanent disability, without apportionment, for industrial injury to cervical and thoracic spines and head/brain, based on applicant’s credible testimony, opinions from three agreed medical evaluators, ratings on reports from these three agreed medical evaluators, and multiple disabilities table, when WCAB found that…

William Brown (Dec'd), Annette Brown (Widow), Petitioners v. Workers' Compensation Appeals Board, Save Mart Supermarkets, PSI, administered by Pegasus Risk Management, Respondents, 2013 Cal. Wrk. Comp. LEXIS 202 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 202 (Lexis Advance)

Injury AOE/COE—Going and Coming Rule—Special Risk Exception—WCAB, affirming WCJ in split panel decision, held that applicant’s claim for death benefits arising from death of her husband/truck driver in motor vehicle accident was barred by going and coming rule, and that special risk exception did not apply, when…

Oak River Insurance Company (insurer for Sequa Enterprises), administered by Berkshire Hathaway Homestate Companies, Petitioner v. Workers' Compensation Appeals Board, Carlos Torrez, Respondents, 2013 Cal. Wrk. Comp. LEXIS 204 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 204 (Lexis Advance)

Psychiatric Injury—Six-Month Employment Requirement—Sudden and Extraordinary Employment Events—WCAB, affirming WCJ, held that applicant/window installer’s claim for psychiatric injury stemming from orthopedic injuries incurred when applicant fell from scaffold was not barred by six-month employment requirement in Labor Code § 3208.3(d), when WCAB found that applicant’s fall constituted “sudden and extraordinary” employment event and that…

Evidence—Expert Witness Qualifications—WCAB, affirming WCJ, held that expert witness presented by applicant/window installer who incurred admitted industrial injuries to his ribs, left wrist, and lumbar spine and alleged psychiatric injury when he fell from scaffold, sufficiently qualified as expert witness to testify regarding…

Linda Radman, Petitioner v. Workers' Compensation Appeals Board, Foundation Health, California Insurance Guarantee Association, on behalf of Combined Benefits, California Compensation Insurance Company, in liquidation, Superior National Insurance Company, in liquidation, both administered by Sedgwick CMS, Chartis Insurance, Respondents, 2013 Cal. Wrk. Comp. LEXIS 205 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 205 (Lexis Advance)

Permanent Disability—Apportionment—Fibromyalgia—WCAB affirmed WCJ’s award of 90 percent permanent disability, after apportionment, in favor of applicant/claims adjuster who incurred industrial injuries to her lumbar spine, both knees, psyche, and in form of chronic pain/fibromyalgia, and subsequent cumulative trauma industrial injury to her cervical spine, shoulders, wrists, lumbar spine, knees, psyche, and in forms of incontinence and chronic pain/fibromyalgia, and held that…

San Diego Unified School District, Petitioner v. Workers' Compensation Appeals Board, Esther Argumaniz Robledo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 207 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 207 (Lexis Advance)

Medical Provider Networks—Notice Requirements—WCAB affirmed WCJ’s order awarding applicant/special education technician with industrial injury to her knees, left ankle, and left hip cost of medical treatment obtained outside defendant’s medical provider network during period from 8/11/2011 through date applicant was transferred back into medical provider network, when WCAB found that …[Editor’s Note: A Petition for Review has been filed in the Supreme Court.]

Reginald Wilson, Petitioner v. Workers' Compensation Appeals Board, University of California Davis Medical Center, PSI, adjusted by Sedgwick CMS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 209 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 209 (Lexis Advance)

Jurisdiction—Forum Selection Clauses—WCAB en banc, affirming WCJ’s findings and order, declined to exercise jurisdiction over claim of industrial cumulative trauma injury when there was reasonable mandatory forum selection clause in employment contract specifying that claims for workers’ compensation must be filed in forum other than California and there was limited connection to California with regard to applicant’s employment and claimed cumulative injury, when WCAB en banc found that…

County of Ventura, Petitioner v. Workers' Compensation Appeals Board, Yvonne Jackson, Respondents, 2013 Cal. Wrk. Comp. LEXIS 203 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 203 (Lexis Advance)

Injuries to Psyche AOE/COE—WCAB held that applicant sustained cumulative trauma injury AOE/COE to psyche in period from 4/6/2002 to 11/4/2002, based on substantial evidence opinions from psychiatric agreed medical evaluator that…

Injury AOE/COE—WCAB also held that applicant sustained cumulative trauma injury AOE/COE to teeth and in form of aggravation of gastroesophageal reflux disease in period from 4/6/2002 to 11/4/2002, based on…

Emilyann Kapitanski Holloway Ransom, Petitioner v. Workers' Compensation Appeals Board, Scripps Health, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 206 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 206 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant did not sustain burden of proving injury AOE/COE to additional body parts, when WCAB found that…

_________________________________

California WCAB Noteworthy Panel Decisions Reporter

Get the edge on recent case law developments

Designed especially for Lexis.com and Lexis Advance subscribers, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

Purchase here (Format: PDF).

______________________

Price $99*; Books shipping now to customers!

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:

  • A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, stafff writer for Larson's Workers' Compensation Law
  • In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
  • Larson's Spotlight on interesting cases for 2013, written by national expert Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

For more information about LexisNexis products and solutions connect with us through our corporate site.