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Workers' Compensation

Permanent Total Disability Found "In Accordance With the Fact": Cal. Comp. Cases April Advanced Postings (4/5/2012)

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

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American Safety Insurance Company, insurer for San Benito Foods, Petitioner v. Workers' Compensation Appeals Board, Matias Chavez, Respondents, 2012 Cal. Wrk. Comp. LEXIS 26

Permanent Disability—Rating—Permanent Total Disability—WCAB affirmed WCJ’s finding that applicant/forklift driver who suffered cumulative injuries to his right knee and low back incurred permanent total disability based on his right knee injury “in accordance with the fact” under Labor Code § 4662 pursuant to…

Permanent Disability—Cost of Living Increases—WCAB affirmed WCJ’s finding that permanent total disability awarded to applicant/forklift driver as result of cumulative right knee injury was subject to cost of living adjustment …

Harbans Dhaliwal, Petitioner v. Workers' Compensation Appeals Board, Midtown Chevron, Preferred Employers Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 27

Serious and Willful Misconduct By Employer—WCAB held that applicant/auto mechanic failed to establish that employer’s serious and willful misconduct caused his upper extremity, shoulder, and clavicle injuries, which occurred when tire that applicant had overinflated exploded and knocked him about five feet, when WCAB found that…

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