Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides

Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira, Respondents, 2011 Cal. Wrk. Comp. LEXIS 153

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ’s finding that applicant/maintenance worker suffered 39-percent permanent disability as result of industrial injury to his left shoulder, based on opinion of panel qualified medical evaluator, when WCAB found that opinion of panel qualified medical evaluator was sufficient to rebut scheduled AMA Guides rating for shoulder impairment under Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 1084 (Appeals Board en banc opinion) (Almaraz II) and Milpitas Unified School Dist. v. W.C.A.B. (Guzman) (2010) 187 Cal. App. 4th 808, 115 Cal. Rptr. 3d 112, 75 Cal. Comp. Cases 837, because panel qualified medical evaluator provided clear rationale for applying hernia chapter of AMA Guides, rather than upper extremity chapter based on loss of range of motion for purposes of analyzing applicant’s whole person impairment, and preclusion from heavy lifting used by panel qualified medical evaluator seemed to most accurately describe applicant’s impairment.

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

City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Maria Miller, Respondents, 2011 Cal. Wrk. Comp. LEXIS 152

Temporary Disability—104-Week Limitation—WCAB held that defendant’s two-year period of liability under Labor Code § 4656(c)(1) for temporary disability indemnity, owed to applicant who suffered cumulative injury through 6/1/2007, commenced with first payment of temporary disability indemnity on 12/18/2009, and that earlier payment for one day of wage loss under Labor Code § 4600(e)(1) in amount of $125.95, which was less than stipulated weekly temporary total disability rate, for applicant’s attendance at panel QME examination did not constitute payment of temporary disability indemnity so as to start running of two-year limitation period, when WCAB found that…

Antonie Tur, Petitioner v. Workers' Compensation Appeals Board, El Pollo Loco, Gallagher Bassett Services, Respondents, 2011 Cal. Wrk. Comp. LEXIS 154

Penalties—Delay in Payment of Post-Award Interest—WCAB declined to impose Labor Code § 5814 penalty on defendant for failure to pay interest on amount due to applicant/general manager with injuries to abdomen/hernia, back, and psyche pursuant to Stipulated Award, when, despite WCAB’s finding that …

Michael Yubeta, Petitioner v. Workers' Compensation Appeals Board, California Department of Corrections and Rehabilitation/California Correctional Institute - Tehachapi, legally uninsured, adjusted by State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 155

Presumption of Compensability—Heart Trouble—Correctional Officers—WCAB held that applicant/correctional officer incurred 76-percent permanent disability as result of cumulative injuries to his heart, cardiovascular system, and psyche during period 1/6/96 to 12/11/2007, and that disability caused by applicant's hypertensive cardiovascular disease, but not disability related to his coronary heart disease, was apportionable to non-industrial, pre-existing hypertensive condition, when…

© Copyright 2011 LexisNexis. All rights reserved.