Workers' Compensation

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Coline Antouri, Petitioner v. Workers' Compensation Appeals Board, Warner Brothers Studio Facilities, Inc., PSI, Respondents, lexis.com, Lexis Advance

Petition to Reopen—New and Further Disability—Five-Year Statute of Limitations—WCAB rescinded WCJ’s order granting applicant’s petition to reopen and award of 100 percent permanent disability, and issued new award of only medical treatment, when WCAB found that WCJ’s award of increased permanent disability was based on psychiatric injury that WCAB had previously determined to be nonindustrial…

California Department of Corrections and Rehabilitation/CSATF, legally uninsured, adjusted by State Compensation Insurance Fund, Petitioner v. Workers' Compensation Appeals Board, David Alviso, Respondents, lexis.com, Lexis Advance

Presumption of Industrial Causation—Heart Trouble—Peace Officers—WCAB, relying on Reeves v. W.C.A.B. (2000) 80 Cal. App. 4th 22, 95 Cal. Rptr. 2d 74, 65 Cal. Comp. Cases 359, affirmed WCJ’s finding that Labor Code § 3212.2 presumption of compensability was applicable to applicant’s claim for cardiovascular and heart injury, based on plain meaning of…

Michael A. Silva (Dec'd), Mary Anne Silva (Dependent Spouse), Petitioners v. Workers' Compensation Appeals Board, Fremont Unified School District, PSI, adjusted by Keenan & Associates, Respondents, lexis.com, Lexis Advance

Medical-Legal Procedure—Admissibility of Additional Comprehensive Medical-Legal Reports—WCAB affirmed WCJ’s finding that applicant’s self-procured medical report was inadmissible, when parties previously obtained report from panel qualified medical evaluator on which WCJ relied to find that…

David Bresler, Ph.D., L.Ac., Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles, PSI, Sonia Simonian, Respondents, lexis.com, Lexis Advance

Removal to WCAB—Moot Orders—WCAB denied petition to remove case to itself under Labor Code § 5310 or 8 Cal. Code Reg. § 10843(a), when WCAB found that petitioner/lien claimant was appealing WCAB’s 11/25/2015 order that determined issues of sanctions and cost and omitted…

The Kroger Company, dba Ralphs Grocery Company, administered by Sedgwick, Petitioner v. Workers' Compensation Appeals Board, Co-Opportunity Consumers, Inc., Virginia Surety Company, administered by Illinois Midwest Insurance Agency, Richard Marquez, Respondents, lexis.com, Lexis Advance

Liability—Contribution/Reimbursement—Successive Injuries—WCAB affirmed WCJ’s findings that (1) opinions of orthopedic agreed medical evaluator were controlling on issues of liability and contribution/reimbursement between employers/insurers for applicant’s two industrial injuries because agreed medical evaluator’s opinions were more persuasive than opinions of defense qualified medical evaluator, and (2) employer/insurer at time of first injury, Kroger, was…