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Workers' Compensation

Neutral Risk Doctrine Applied to Render Claim Compensable: Cal. Comp. Cases March Advanced Postings (3/14/2012)

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

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Kyong Hee Lee, Se Hyung Lee, individually and dba South Bay Liquor and Market, Petitioners v. Workers' Compensation Appeals Board, Enrique Vicente Rincon (Dec'd), Rosa Oseguera (Widow), Respondents, 2012 Cal. Wrk. Comp. LEXIS 19

Injury AOE/COE—Neutral Risk Doctrine—WCAB affirmed WCJ’s finding that decedent’s death arose out of his employment and was compensable for purposes of widow’s claim for death benefits, when WCAB found that decedent was shot and killed by unknown assailant while working as stocking clerk in liquor store, that there was no evidence indicating …

Seb Baghoomian, Petitioner v. Workers' Compensation Appeals Board, SBI Construction Group, State Compensation Insurance Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 18

Petitions to Reopen—New and Further Disability—WCAB, denying applicant’s Petition to Reopen for New and Further Disability, held that applicant, who suffered injuries to his head, back, and psyche on 7/21/2003, resulting in temporary disability and 76 percent permanent disability, failed to sustain his burden under Labor Code § 3202.5 of proving by preponderance of evidence that he suffered new and further disability, when WCAB found that …

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