Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution: Cal. Comp. Cases October Advanced Postings (10/6/2011)

California Compensation Cases Featured Case of the Week: Calif. WCAB Jurisdiction vs. Alternative Dispute Resolution

In TIG Insurance Company, insurer for Stumbaugh & Associates, Inc., Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (Judy La Touf, aka Jody Latouf), Respondents, 2011 Cal. Wrk. Comp. LEXIS 149, the WCAB upheld the Arbitrator's finding that the WCAB had jurisdiction over the applicant/union carpenter's claim for industrial injury that allegedly occurred while the applicant was working for the defendant/subcontractor on a Los Angeles Unified School District construction site, when the WCAB found that, on date of the applicant's injury, defendant was insured for workers' compensation by TIG Insurance Co. under a site-specific insurance policy and by State Compensation Insurance Fund pursuant to its alternative dispute resolution or "carve-out" program for union carpenters under California Labor Code § 3201.5, that the TIG policy, which was mandatory and for which TIG received premium, took priority over the non-mandatory alternative dispute resolution policy, that the applicant elected to proceed before the WCAB rather than through the alternative dispute resolution program, and that the WCAB's jurisdiction took precedence over any concurrent "carve-out" jurisdiction under the State Compensation Insurance Fund's alternative dispute resolution policy.

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

Denise Hernandez, Petitioner v. Workers' Compensation Appeals Board, Big Buy Food, Inc., Employers Compensation Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 147

Injury AOE/COE—WCAB rescinded WCJ's findings and award and substituted its findings that applicant butcher/deli meat clerk did not sustain injury AOE/COE on 4/14/2009 or during cumulative period from 4/14/2009 through 8/21/2009, when WCAB addressed …

Bell Community Medical Group, Petitioner v. Workers' Compensation Appeals Board, Civil Demand Associates, State Farm Fire & Casualty Company, Gloria Herrera, Respondents, 2011 Cal. Wrk. Comp. LEXIS 146

Lien Claims—Medical Treatment—WCAB ordered defendant to pay lien claimant $1,200 in full and final satisfaction of its lien, when WCAB found that applicant claimed cumulative trauma injury AOE/COE to head, brain, neck, stress, and psyche while working for employer as restitution coordinator, that lien claimant provided medical treatment to applicant in connection with…

Lien Claims—Calculation—WCAB calculated lien award by first noting that, according to defendant’s billing ledger, applicant had comprehensive medical-legal evaluation as defined under…

Miguel Mazariego, Jr., Petitioner v. Workers' Compensation Appeals Board, General Rehabilitation Services, Inc., CNA Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 148

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not filed within time limits of …

Temporary Disability—Medical Treatment—Alternatively, if petition for reconsideration was timely filed, WCAB would deny petition for reconsideration on merits and would …

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