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QME Reports Not Inadmissible During Suspension, Probation of QME License by Medical Unit: Cal. Comp. Cases November Advanced Postings

October 31, 2014 (1 min read)

Here’s the second batch of advanced postings for the November 2014 issue of Cal. Comp. Cases.

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

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Gary McKinney, Petitioner v. Workers' Compensation Appeals Board, United Parcel Service, administered by Liberty Mutual Insurance Company, Respondents, Lexis

Qualified Medical Evaluators—Discipline—WCAB held that reports of orthopedic panel qualified medical evaluator were properly admitted into evidence at trial on issue of injury AOE/COE, despite applicant’s allegation that qualified medical evaluator’s license was suspended during applicant’s case, when WCAB found that…

Psychiatric Injury—Good Faith Personnel Actions—WCAB, reversing WCJ, held that applicant UPS driver did not sustain compensable psychiatric injury, when psychiatric panel qualified medical evaluator determined that 40 percent of applicant’s psychiatric injury was caused by applicant’s termination following his…

William Davis, Petitioner v. Workers' Compensation Appeals Board, People's Bank, National Fire Insurance Company of Hartford, adjusted by CNA Claim Plus, RespondentsLexis

Removal to WCAB—Change of Venue—WCAB denied applicant’s petition to remove case to itself after applicant sought removal to WCAB due to WCAB’s denial of his petition to change venue from Santa Rosa district office of Division of Workers’ Compensation to San Francisco district office, when WCAB found that…

David Smythe, Petitioner v. Workers' Compensation Appeals Board, Dart Entities, Zurich North America Claims, Respondents, Lexis

Stipulations—Temporary Disability—WCAB held that applicant’s entitlement to temporary disability benefits for 12/12/2007 injury AOE/COE to disputed and undisputed body parts was settled in compromise and release agreement and stipulations with request for award, both approved by WCAB on 5/8/2012, that it was error for WCJ to order new period of…

Jeannette Cook, Petitioner v. Workers' Compensation Appeals Board, The Boeing Company, McDonnell Douglas Corp., California Insurance Guarantee Association, administered by Sedgwick Claims Management Services, on Fremont Indemnity, in liquidation RespondentsLexis

Petition to Reopen—New and Further Disability—Majority of WCAB panel granted applicant/aircraft mechanic’s petition to reopen award, awarded additional temporary disability and on-going medical treatment benefits, and relied on agreed medical evaluator to deny applicant’s request for additional permanent partial disability benefits beyond 32.5 percent permanent partial disability previously awarded in stipulations with request for award (stipulated award was based on opinions from…