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Workers' Compensation

No Unlawful Age Discrimination Found in 20 Percent Apportionment of Permanent Disability to Other Factors: Cal. Comp. Cases May Advanced Postings (5/25/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries.

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William Slagle, Petitioner v. Workers' Compensation Appeals Board, Department of Corrections/State of California, California Men's Colony, legally uninsured, administered by State Compensation Insurance Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 51

Permanent Disability—Apportionment—WCAB affirmed WCJ’s finding that applicant/dental lab technician incurred 10 percent permanent disability as result of industrial injury to his right knee, and that WCJ's 20 percent apportionment of permanent disability to other factors did not constitute unlawful age discrimination, when WCAB found that …

Chabot-Las Positas Community College, PSI, adjusted by Keenan & Associates, Petitioner v. Workers' Compensation Appeals Board, Svetlana Sultan, Respondents, 2012 Cal. Wrk. Comp. LEXIS 49

Petitions to Reopen—New and Further Permanent Disability—WCAB held that applicant/lab technician who suffered admitted low back injury and received stipulated award for 12 percent permanent disability, based on treating physician’s reports, established good cause under Labor Code §§ 5803 and 5410 to reopen stipulated award for increased permanent disability pursuant to agreed medical examiner’s opinion, when …

Tanna Trammel, Petitioner v. Workers' Compensation Appeals Board, Laguna Country Groomers, Employers Compensation Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 52

Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE to her back and neck on 7/17/2010, when WCAB found that applicant claimed she sustained injury on that date while working for employer as …

Atria Senior Living, dba Hillsdale Manor, Zurich North America, Petitioners v. Workers' Compensation Appeals Board, Caminar, California Insurance Guarantee Association, administered by Broadspire, on behalf of Superior National Insurance Company, in liquidation Carolyn Cohen, Respondents, 2012 Cal. Wrk. Comp. LEXIS 48

Statute of Limitations—WCAB held that applicant’s claim for cumulative trauma injury AOE/COE in period ending 12/26/2002 was not barred by statute of limitations of Labor Code § 5405, when WCAB found that …

Laches—WCAB held that doctrine of laches did not apply, when defendants (second employer and its insurer) contended that this doctrine applied because of alleged unreasonable delay in filing application for adjudication of claim and prejudice to defendants, and WCAB found that …

Pacific Employers Insurance Company (adjusted by ESIS), insurer for Gencorp-Aerojet, Petitioner v. Workers' Compensation Appeals Board, Damon Johnson, Respondents, 2012 Cal. Wrk. Comp. LEXIS 50

Petition for Writ of Review—Exhibits—Court of Appeal denied petition for writ of review, finding that petition for writ of review was inadequate because petitioner did not submit exhibits that complied with requirements of California Rules of Court, Rule 8.495(a), when…


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