Cal. Comp. Cases April Advanced Postings (4/14/2011)

Cal. Comp. Cases April Advanced Postings (4/14/2011)

Here’s the third batch of advanced postings for the April 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the full headnotes and summaries for these cases.

WCAB Significant Panel Decision

Jose H. Hernandez, Applicant, v. AMS Staff Leasing, Defendant, 2011 Cal. Wrk. Comp. LEXIS 49

WCAB Procedure—Petitions for Reconsideration, Removal, or Disqualification—WCAB, in Significant Panel Decision dismissing defendant’s petition for removal, held that, when paper file, electronic file in EAMS, or combined paper and electronic file is sent to WCAB after filing of petition for reconsideration, removal, or disqualification, (1) there must be complete and properly organized record that includes all documents admitted in evidence, (2) WCJ bears responsibility to ensure that all documents in record are scanned into EAMS, or at least placed in paper file in proper order, no later than transmission of file(s) to WCAB, and (3) without proper record matter may be returned to WCJ to properly complete record, when WCAB found that…

WCAB Decisions Denied Judicial Review

William Thure, Petitioner v. Workers' Compensation Appeals Board, Cowelco, Inc., Continental Casualty Company, c/o CNA Insurance Companies, Respondents, 2011 Cal. Wrk. Comp. LEXIS 43

Permanent Disability—Rating—Apportionment—WCAB awarded applicant ironworker eight-percent permanent partial disability, after apportionment, for cumulative trauma injury AOE/COE in period from 9/97 through 7/4/98 in form of abdominal hernia, hypertension with left ventricular hypertrophy, heart failure, atrial fibrillation, diabetes, and headaches, based on opinions from WCAB-appointed evaluator, when WCAB found …

Due Process—Legislative Changes—WCAB held that it was not denial of applicant's due process rights to fail to make determination on issue of apportionment of applicant's permanent disability until after new statute on apportionment (SB 899) became effective in 4/2004, because…

City of Irvine, PSI, Petitioner v. Workers' Compensation Appeals Board, Robert Hansen, Respondents, 2011 Cal. Wrk. Comp. LEXIS 41

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ's finding that applicant/police sergeant with 12/30/2004 industrial injuries to his heart, resulting in stroke and paralysis, and his psyche, incurred 100-percent permanent disability, based on opinions of panel qualified medical evaluator in cardiology (which incorporated opinion of evaluating psychologist) and applicant's vocational rehabilitation expert indicating that applicant had totally diminished earning capacity and was unable to compete in labor market, when WCAB found …

Consolidated Personnel Corp., Bridgestone/Firestone, Inc., Petitioners v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, on behalf of Legion Insurance Company, in liquidation, Insurance Company of the State of Pennsylvania, (Curtis J. Morgan), Respondents, 2011 Cal. Wrk. Comp. LEXIS 42

California Insurance Guarantee Association—Covered Claims—WCAB held that insurance provided by insurer for applicant's special employer was “other” insurance within meaning of Insurance Code § 1063.1(c)(9), such that claim was not “covered claim” and California Insurance Guarantee Association was relieved of liability for workers' compensation benefits for applicant's industrial injury, when WCAB found that …

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