Workers' Compensation

Combined Psychiatric Effects of Three Injuries Found Inextricably Intertwined: Cal. Comp. Cases July Advanced Postings (7/1/2015)

Here’s the second batch of advanced postings for July 2015 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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Northrop Grumman Systems Corporation, Insurance Company of the State of Pennsylvania (administered by AIG Claims Services, Inc.), Petitioners v. Workers' Compensation Appeals Board, Jerry Dileva, Respondents, lexis.com, Lexis Advance

Permanent Disability—Apportionment—WCAB, in split panel decision, affirmed WCJ’s joint award of 96 percent permanent disability for applicant landscape gardener’s three separate injuries to his spine and psyche, without apportionment between dates of injury pursuant to Labor Code § 4663, and held that, while orthopedic agreed medical examiner Michael Patzakis, M.D., was able to apportion applicant’s orthopedic disability among three dates of injury as contemplated in Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113, fact that treating psychiatrist, David Friedman, M.D., Ph.D., found combined psychiatric effects of three injuries to be inextricably intertwined justified combined award, when…

California Insurance Guarantee Association, on behalf of Atlantic Mutual Insurance Company, in liquidation (insurer for Lantern Communications), Petitioner v. Workers' Compensation Appeals Board, C-Cor, Inc., Travelers Property and Casualty Company, Yousef Nami, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded 100 percent permanent disability, without apportionment, for applicant plant engineer’s 2/20/2004 injury to his low back and compensable consequence injury to psyche, based on (1) opinions on extent of disability and apportionment of disability from orthopedic agreed medical evaluator and applicant’s psychiatric qualified medical evaluator, and contrary to…

Greg Enlow, aka Gregory Enlow, Petitioner v. Workers' Compensation Appeals Board, California Department of Forestry, legally uninsured, State Compensation Insurance Fund, adjusting agency, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed two petitions for reconsideration from pro per applicant, first dismissal dated 10/20/2014 because WCAB found that applicant’s petition for reconsideration of order approving compromise and release was not filed within…

Kari Moulthrop, Petitioner v. Workers' Compensation Appeals Board, Sutter Medical Foundation, PSI, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Time to File—Court of Appeal denied petition for writ of review not timely filed, when applicant was appealing WCAB decision correcting applicant’s permanent total disability rate…

Michael Rochlin, Petitioner v. Workers' Compensation Appeals Board, Southern California Edison, PSI, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—WCAB awarded applicant construction accountant 57 percent permanent disability, based on opinions from two agreed medical evaluators who rated applicant’s disability using AMA Guides and who found no need to assess applicant’s permanent impairment using alternatives to AMA Guides and whose opinions rated 55 percent permanent disability, and WCAB found…

David Silva, M.D., David Bresler, Ph.D., Petitioners v. Workers' Compensation Appeals Board, Ralphs Grocery Company, PSI, administered by Sedgwick CMS, Angelisa Jimenez, Respondents, lexis.com, Lexis Advance

Lien Claims—Medical Treatment—WCAB disallowed lien claims of medical providers, when WCAB found that applicant claimed two industrial injuries to multiple body parts, specific injury on 2/15/99 and cumulative trauma injury ending 2/15/99, that these two claims were resolved by…