Cal. Comp. Cases June Advanced Postings (6/22/2011)

Cal. Comp. Cases June Advanced Postings (6/22/2011)

Here's the third batch of cases for the upcoming June 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

Cedars-Sinai Medical Center, PSI, Petitioner v. Workers' Compensation Appeals Board, Adriana Modlin, Respondents, 2011 Cal. Wrk. Comp. LEXIS 82

Temporary Disability-Duration of Disability-WCAB, rescinding WCJ's finding that applicant/executive secretary, who suffered industrial injury to her back, right hand, and right upper extremity on 11/5/97, suffered second period of temporary disability from 1/1/2003 through 11/3/2005 after having become permanent and stationary on 2/14/2002, held that applicant suffered only single period of temporary disability from 11/6/97 through 11/3/2005, based on medical evidence, when WCAB found...

Irvine Eurocars, L.L.C., dba Irvine BMW, Redwood Fire and Casualty Company, administered by Berkshire Hathaway Homestate Companies, Petitioners v. Workers' Compensation Appeals Board, Damon Shelly, Andrea Shelly, Federal Insurance Company, administered by Chubb Group of Insurance Companies, (Marianne Ballin Van Haastere (aka Vanhaastere)), Respondents, 2011 Cal. Wrk. Comp. LEXIS 83

Employment Relationships-Employees-WCAB, relying on Joe Kerley Lincoln Mercury, Inc. v. W.C.A.B. (Fieldhouse) (2003) 68 Cal. Comp. Cases 1217 (writ denied), concluded in split decision that substantial evidence supported WCJ's finding that applicant, who worked as nanny/house manager at personal residence of car dealership's president/owner when she suffered injuries to her...

Steven Robbins, Petitioner v. Workers' Compensation Appeals Board, Subsequent Injuries Benefits Trust Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 80

Subsequent Injuries Benefits Trust Fund Liability-Pre-existing Disability-WCAB held that applicant did not meet qualifications to receive benefits from Subsequent Injuries Benefits Trust Fund as specified in Labor Code § 4751 and denied applicant's request for these benefits, when WCAB found that applicant sustained...

Bao-Fa Yang, Petitioner v. Workers' Compensation Appeals Board, Robert Fung Construction and Remodeling Company, State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 81

WCAB Jurisdiction-Petitions to Reopen-Good Cause-WCAB held that it had no jurisdiction over applicant's 7/20/2009 petition to reopen its 6/20/2007 finding that there was no employment relationship between applicant and defendant on 12/7/2005, date of applicant's alleged industrial injury, when applicant did not seek reconsideration of...

William Mart, Petitioner v. Workers' Compensation Appeals Board, County of Calaveras, California Insurance Guarantee Association, on behalf of Fremont Insurance Company, in liquidation, Respondents, 2011 Cal. Wrk. Comp. LEXIS 79

WCAB Jurisdiction-Five-Year Statute of Limitations-New and Further Temporary Disability-WCAB rescinded WCJ's finding that applicant/custodian with 9/13/96 injury to his right knee and 5/7/97 injuries to his low back, right shoulder, right knee, cervical spine, head, and urological system was entitled to temporary disability indemnity for period of temporary disability from 7/16/2006 to present, and held that WCJ lacked jurisdiction to award temporary disability indemnity for this period because...

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