Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)

Here’s the fourth batch of advanced postings for July 2014 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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County of Riverside, PSI, Petitioner v. Workers' Compensation Appeals Board, Adel Salem, Respondents, lexis.com, Lexis Advance

Penalties—Delay in Providing Medical Treatment—Prescription Pain Medication—WCAB, in split panel decision, rescinded WCJ’s order denying applicant/deputy sheriff’s petition for penalty under Labor Code § 5814, and held that penalty was justified because applicant established that defendant unreasonably delayed or denied medical treatment for his back and neck injuries by abruptly withdrawing authorization for narcotic/opioid pain medication, including diazepam and Norco, based on reliance on utilization review process, when WCAB found that...

Penalties—Delay in Providing Medical Treatment—Conclusive Presumption of Settlement of Penalty—WCAB held that Labor Code § 5814(c), which provides that, after case has been settled, it is conclusively presumed that any accrued penalty claims are also settled unless expressly excluded from settlement, did not apply to preclude WCAB’s award of penalty under Labor Code § 5814, when WCAB found that…

Central Metal, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Arnold Moreno, Respondents, lexis.com, Lexis Advance

Insurance Coverage—Notice of Cancellation—Effect of Bankruptcy Proceedings—WCAB, affirming Arbitrator, held that State Compensation Insurance Fund had no workers’ compensation coverage for applicant’s employer on 2/1/2011, applicant’s date of injury, when employer filed Chapter 11 bankruptcy on 1/8/2010, State Compensation Insurance Fund, having insured employer since at least 2000, converted employer’s policy after…

CEVA Freight, LLC, New Hampshire Insurance Company, administered by Gallagher Bassett Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Gabriel Vasquez, Respondents, lexis.com, Lexis Advance

Employment Relationships—Employees vs. Independent Contractors—Truck Drivers—WCAB reversed WCJ’s finding that applicant was independent contractor and held that applicant was defendant’s employee when he sustained industrial cumulative injury to multiple body parts while working as delivery driver, based on S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, when WCAB found that…

California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Legion Insurance Company, in liquidation (insurer for Prime Labor, Inc.), Petitioner v. Workers' Compensation Appeals Board, Ricardo Villanueva, Respondents, lexis.com, Lexis Advance

California Insurance Guarantee Association—Other Insurance—General-Special Employment Relationship—WCAB, in split panel decision, affirmed WCJ’s finding that California Insurance Guarantee Association was not entitled to reimbursement from Liberty Mutual, carrier for Beazer Homes, or to change of administrators, when majority of WCAB panel determined that there was insufficient evidence to establish that…

Delta Dental Plan of California, Liberty Mutual Fire Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Linda Funk, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Notices—Actual Knowledge—WCAB held that statute of limitations of Labor Code § 5400 was tolled until applicant audit review clerk/supervisor filed claim form for cumulative trauma industrial injury to applicant’s upper extremities and psyche, when WCAB found that…

Deborah H. Cameron, Petitioner v. Workers' Compensation Appeals Board, Maxim Healthcare, Insurance Company of the State of Pennsylvania, administered by ESIS, Inc., Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant licensed vocational nurse sustained injury AOE/COE on 8/19/2004 to her back and abdominal wall (hernia) but not to her psychological system, heart, or teeth, based on...

Permanent Disability—Medical Treatment—WCAB awarded applicant 30 percent permanent disability, after apportionment, and further medical treatment for 8/19/2004 industrial back and hernia injuries, WCAB based permanent disability rating on…

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