Defendant’s Burden to Prove Overlap of Disabilities: Cal. Comp. Cases February Advanced Postings (2/7/2014)

Defendant’s Burden to Prove Overlap of Disabilities: Cal. Comp. Cases February Advanced Postings (2/7/2014)

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New Axia Holding, dba Ames Taping Tools, Arrowood Indemnity Company (formerly known as Royal and Sunalliance), Petitioners v. Workers' Compensation Appeals Board, Jesus Martinez, Respondents, 2014 Cal. Wrk. Comp. LEXIS 5 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 5 (Lexis Advance)

Permanent Disability—Apportionment—Overlap—WCAB, in split panel decision, held that WCJ improperly reduced applicant’s award of 45 percent permanent disability for cumulative industrial lumbar spine injury by 28 percent, to find 17 percent permanent disability, based on prior 28 percent stipulated award for 1990 injury to applicant’s “back and lower extremities as described in the medical file herein,” when WCJ believed that she was compelled to reduce current permanent disability award because…

Permanent Disability—Rating—WCAB rescinded WCJ’s finding that applicant suffered 17 percent permanent disability, after apportionment under Labor Code § 4664(b), as result of cumulative industrial injury to his lumbar spine, when WCAB concluded that…

Bruce Mitchell, Petitioner v. Workers' Compensation Appeals Board, City and County of San Franciso, Respondents, 2014 Cal. Wrk. Comp. LEXIS 3 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 3 (Lexis Advance)

Discrimination—Labor Code § 132a—WCAB held that defendant employer did not discriminate against applicant in violation of Labor Code § 132a, when WCAB found that applicant sustained injury AOE/COE, while working for defendant as police cadet, from injury that occurred while applicant was training to become police officer, that applicant claimed defendant discriminated against him in violation of Labor Code § 132a because defendant did not allow applicant to return to police academy after his recovery from this injury, that employer’s procedures required…