Apportionment of Non-Industrial Factors Occurring After Stipulated Award: Cal. Comp. Cases August Advanced Postings (8/22/2013)

Here’s the 4th batch of advanced postings for the August 2013 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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Carol Charon, Petitioner v. Workers' Compensation Appeals Board, Ralphs Grocery Company, administered by Sedgwick CMS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 126 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 126 (Lexis Advance)

Permanent Disability—Rating—Apportionment—WCAB awarded applicant 90 percent permanent partial disability, after apportionment, for industrial injury, based on opinions from agreed medical evaluator, including agreed medical evaluator’s opinion that 10 percent of applicant’s overall permanent disability was due to non-industrial factors that occurred after date of original stipulated award, in form of problems with applicant’s daughter and grandchildren, when WCAB found that…

Kenton Nairne, Petitioner v. Workers' Compensation Appeals Board, Robert McPeak, Foremost Insurance Company, adjusted by Crawford Claims Management Services, Respondents, 2013 Cal. Wrk. Comp. LEXIS 127 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 127 (Lexis Advance)

Statute of Limitations—Time to File Claims—Estoppel—WCAB, reversing WCJ, held that applicant/home care provider’s claim for injuries to his head, left ear, hearing, and back was barred by Labor Code § 5405 statute of limitations for failure to file claim within one year after defendant denied liability, and that…

Zenith Insurance Company, Petitioner v. Workers' Compensation Appeals Board, (Jose Hernandez), Respondents, 2013 Cal. Wrk. Comp. LEXIS 128 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 128 (Lexis Advance)

Injury AOE/COE—Recreational/Athletic Activities—WCAB, in split panel decision, affirmed WCJ’s finding that applicant/field worker suffered compensable injury to his right knee and lower extremities while playing basketball on defendant’s premises during his lunch break, and held that applicant’s belief that he was expected to participate in lunchtime basketball games was objectively reasonable for purposes of meeting compensability requirements in Labor Code § 3600(a)(9) and Ezzy v. W.C.A.B. (1983) 146 Cal. App. 3d 252, 194 Cal. Rptr. 90, 48 Cal. Comp. Cases 611, when evidence indicated that…