Workers' Compensation

Applicant and Her Attorney Had Ample Opportunity to Be Heard on Issue of Dismissal: Cal. Comp. Cases November Advanced Postings (10/30/2012)

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

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Elsa Serrano, Petitioner v. Workers' Compensation Appeals Board, ITT Cannon Electrics, ESIS, Tristar, Respondents, 2012 Cal. Wrk. Comp. LEXIS 138

WCAB Procedure—Dismissal for Lack of Prosecution—Due Process—WCAB rescinded WCJ’s finding that, due to defective service of dismissal order, order dismissing applicant’s claims did not constitute final order of dismissal for lack of prosecution, when WCAB found that…

Carl James Pearson, Petitioner v. Workers' Compensation Appeals Board, State Farm Mutual Auto Insurance Company, American Casualty Company of Reading, Pennsylvania, administered by CNA Claim Plus, Inc., (Francisca Apparicio), Respondents, 2012 Cal. Wrk. Comp. LEXIS 139

Medical Treatment—Home Health Care—WCAB held that lien claimant who provided home health care services to his spouse after she incurred specific and cumulative industrial injuries to her psyche, lumbar spine, right upper extremity, and in form of fibromyalgia, while employed as legal assistant, was entitled to reimbursement of his lien for 9.5 hours per day at reasonable value of $133.50 per day, based on…


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