Cal. Comp. Cases October Advanced Postings (9/29/2011)

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

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Charter Oak Unified School District, PSI, York Insurance Services Group, Adjusting Agent, Petitioners v. Workers' Compensation Appeals Board, Salvador Cerda, Respondents, 2011 Cal. Wrk. Comp. LEXIS 140

Medical Provider Networks—Physicians Within Network—Notice and Posting Requirements—WCAB held that applicant/custodian who suffered admitted industrial injury to his low back and groin and received medical treatment from treating physician listed in defendant's medical provider network contract, but was treated at different address, through different entity and under different Tax ID from those listed in medical provider network contract, was treated within defendant's medical provider network for purposes of defendant's liability for treatment, when parties stipulated that …

Eduardo Jimenez, Petitioner v. Workers' Compensation Appeals Board, DLS Transportation Services, Argonaut Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 142

WCAB Duty to Develop Record—WCAB held that it had no duty to further develop medical record, when first WCJ issued findings and award on 7/30/2007 ordering further development of medical record related to applicant's claimed industrial injuries, WCAB denied reconsideration of 7/30/2007 findings and award, further evaluation ordered by first WCJ occurred when…

Injury AOE/COE—WCAB held that applicant sustained two industrial injuries, on 8/15/2000 and from 8/15/2000 to 9/29/2000, and that…

Permanent Disability—Rating—WCAB rated applicant as having 49-percent permanent partial disability for 8/15/2000 injury and 17-percent permanent partial disability for injury ending 9/29/2000, based on…

Edward Daniels, Petitioner v. Workers' Compensation Appeals Board, UCLA Medical Center, PSI, administered by Sedgwick CMS, Providence St. Joseph Medical Center, Respondents, 2011 Cal. Wrk. Comp. LEXIS 141

Permanent Disability Rating—Psychiatric Injury—WCAB rescinded WCJ's finding that applicant suffered 70-percent permanent disability as combined result of spinal injury (65-percent permanent disability) and psychiatric injury (10-percent permanent disability), and held that WCJ erred in relying on “range of evidence,” including report of applicant's qualified medical evaluator, which did not constitute substantial evidence, to find that …

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