Cal. Comp. Cases August Advanced Postings (8/25/2011)

Here’s the fourth batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries.

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Jose J. Cortez Alaniz, Petitioner v. Workers' Compensation Appeals Board, Clear Point Resources, Inc., dba Advantage Services Group, American Home Assurance, administered by Gallagher Bassett Services, Inc., Respondents, 2011 Cal. Wrk. Comp. LEXIS 117

Psychiatric Injuries—Six-Month Employment Requirement—Sudden and Extraordinary Employment Condition—WCAB affirmed WCJ's finding that applicant/stock clerk's psychiatric claim stemming from injuries to his left thumb, index finger, and middle finger, which occurred while he was using power saw during temporary job assignment, was barred by six-month employment requirement in Labor Code § 3208.3(d), when WCAB found that …

Robert Wynne, Petitioner v. Workers' Compensation Appeals Board, Lumend, Inc., Hartford Insurance Company, American Manufacturers Insurance Company, adjusted by Kemper, Respondents, 2011 Cal. Wrk. Comp. LEXIS 122

Permanent Disability—Apportionment—WCAB, affirming WCJ's finding, held that defendant failed to meet its burden to establish apportionment under Labor Code § 4663 or 4664, with regard to permanent disability incurred by applicant/medical engineer following cumulative back injury, when WCAB found that …

Temporary Disability—Termination—WCAB affirmed WCJ's finding that applicant/medical engineer with cumulative back injury was not entitled to additional temporary total disability benefits, when WCAB found that …

Richard Kautzer, Petitioner v. Workers' Compensation Appeals Board, Kenny Strickland, Inc./Hemet Oil Company, State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 120

Attorney's Fees—Calculation—WCAB upheld WCJ's award of attorney's fees of $95,153.76 to attorney for applicant/truck driver with 7/5/2007 injuries to his head, neck, ears, and psyche, when WCJ used his discretion to determine reasonable fee based on factors in 8 Cal. Code Reg. § 10775, including responsibility assumed by attorney, care exercised in representing applicant, time involved, and results obtained, and WCAB found that …

County of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, Weathea Reed, Respondents, 2011 Cal. Wrk. Comp. LEXIS 118

Psychiatric Injury—Actual Events of Employment as Predominant Cause—WCAB affirmed WCJ's finding that applicant/legal support assistant met burden under Labor Code § 3208.3(b)(1) of establishing by preponderance of evidence that she suffered compensable psychiatric injury as result of industrial injuries to her hands, wrists, internal system/hypertension, and back during period 4/75 to 3/10/2000, when WCAB found that …

Roy Jantz, Petitioner v. Workers' Compensation Appeals Board, Mission Linen Supplies, Security Insurance Company of Hartford (successor in interest to Fire & Casualty Insurance Company of Connecticut), adjusted by Accelerated Claims Services, Respondents, 2011 Cal. Wrk. Comp. LEXIS 119

Injury AOE/COE—Compensable Consequence Injuries—WCAB held that applicant/route sales driver who suffered injuries to both elbows, back, left arm, left shoulder, and both legs on 8/14/2001 and 2/28/2003 did not injure his right shoulder as compensable consequence of original injury, when WCAB found that …

Antonio Morales, Petitioner v. Workers' Compensation Appeals Board, Mikado Hotels, Inc., First Comp Omaha for Southern Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 121

Medical-Legal Procedure—Ex-Parte Communications With Qualified Medical Evaluator—WCAB, denying removal, affirmed WCJ's order for new qualified medical evaluator panel based on his determination that documents had been sent to panel qualified medical evaluator ex-parte in violation of Labor Code § 4063.3, when …