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Workers' Compensation

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)

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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City of Los Angeles (Los Angeles Police Department), PSI, Petitioner v. Workers' Compensation Appeals Board, Lawrence Reichelt, Respondents, lexis.com, Lexis Advance

Compromise and Release—Scope of Settlement—Release of Liability—WCAB, affirming WCJ, held that applicant police officer’s claim for psychiatric injury as compensable consequence of chronic hepatitis C caused by needle sticks dating back as early as 1983 was not precluded by 1988 compromise and release settling applicant’s prior claim for cumulative psychiatric injury during entirety of his employment, when applicant...

Michael Green, Petitioner v. Workers' Compensation Appeals Board, Ellel Placement, dba Golden Gate Staffing, Lumbermen's Underwriting Alliance, Respondents, lexis.com, Lexis Advance

Medical Treatment—Utilization Review—Time Deadlines—WCAB, reversing WCJ in split panel decision, held that defendant’s prospective utilization review denial of request for authorization for spinal surgery submitted by treating physician was timely and valid under Dubon v. World Restoration, Inc. (2014) 79 Cal. Comp. Cases 1298 (Appeals Board en banc opinion) (Dubon II), and Bodam v. San Bernardino County/Department of Soc. Servs. (2014) 79 Cal. Comp. Cases 1519 (Appeals Board significant panel decision), and that WCJ had no authority to award recommended spine surgery, when...

Green Team of San Jose, Arrowood Indemnity Company, Petitioners v. Workers' Compensation Appeals Board, Tony Lee Nelson, Respondents, lexis.com, Lexis Advance

Contribution Among Insurers—Time to File Petition—WCAB affirmed WCJ’s finding that insurer Discover RE’s 3/24/2014 Petition for Contribution seeking contribution from defendant Green Team of San Jose/Waste Connections, insured by Arrowood Indemnity Co., was timely filed pursuant to Labor Code § 5500.5(e), when applicant received stipulated award on 5/3/2006 for specific injury but injury was re-characterized in 2010 as cumulative injury and award for cumulative injury was issued on 12/14/2013, and WCAB found that…

Northridge Hospital Medical Center, Petitioner v. Workers' Compensation Appeals Board, SK Management Company, Gallagher Bassett, Carlos Guzman Hernandez, Respondents, lexis.com, Lexis Advance

Liens—Medical Treatment—Reasonableness of Medical Charges—WCAB affirmed WCJ’s finding that lien claimant Northridge Hospital Medical Center (Northridge) was not entitled to balance of its lien in amount of $225,716.36 for inpatient rehabilitation services provided to applicant, when defendant paid Northridge $93,950 for rehabilitation services, and WCAB concluded that…

Safety National Insurance Company, insurer for Antelope Valley Hospital, Petitioner v. Workers' Compensation Appeals Board, Antelope Valley Hospital, PSI, administered by Alpha Fund, Loni Russell, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Possible Multiple Cumulative Trauma Injuries—Contribution—WCAB, affirming arbitrator, held that applicant registered nurse and director of nursing sustained one industrial injury with one employer, i.e., cumulative trauma injury with date of injury 3/24/2001 under Labor Code § 5412 during period when employer was insured by petitioner insurer, when WCAB found that…