Workers' Compensation

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)

Here’s the latest batch of advanced postings for the August 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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Susan Ostini, Petitioner v. Workers' Compensation Appeals Board, Alma Rosa Winery and Vineyard, Inc., Endurance Insurance Company, adjusted by First Comp, a division of Market, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Specific Injury Claims—WCAB, reversing WCJ, held that applicant hostess’s claim for 4/5/2008 industrial injury was barred by statute of limitations in Labor Code § 5405, because applicant waited until 2/6/2013 to file Application for Adjudication of Claim, and there was no basis to support finding that statute was tolled due to…

Armando Mojarro, Petitioner v. Workers' Compensation Appeals Board, SA Recycling, LLC, XL Specialty Insurance Company, administered by CorVel Corporation, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Request for Additional Permanent Disability Benefits After Award—Time to File—WCAB held that it did not have jurisdiction under Labor Code § 5903 to consider applicant’s petition for reconsideration of findings and order holding that applicant was not entitled to additional indemnity benefits or penalties beyond benefits awarded in…

Zenith Insurance Company, insurer for Muranaka Farms, Petitioner v. Workers' Compensation Appeals Board, Western Imaging Services, Tower Imaging, Inc., Carlos Castro, aka Carlos Castro Vicente, Respondents, lexis.com, Lexis Advance

Liens—Professional Copy Services—Registration Requirements—WCAB, reversing WCJ, held that lien claimant established that it provided photocopying services as independent contractor for applicant’s attorney who was member of State Bar, as described in…

City of Huntington Beach, PSI, adjusted by AIMS, Petitioner v. Workers' Compensation Appeals Board, Steven Dalbey, Respondents, lexis.com, Lexis Advance

Presumption of Industrial Causation—Heart Trouble—Peace Officers—WCAB affirmed WCJ’s finding that applicant peace officer suffered cumulative injury to his cardiovascular/circulatory system and skin while employed by defendant City of Huntington Beach (City) from 9/30/2005 to 9/30/2006, and that…

Michael Ben Graves, Petitioner v. Workers' Compensation Appeals Board, MV Transportation, Respondents, lexis.com, Lexis Advance

Vexatious Litigant—Court of Appeal denied two petitions from applicant who was previously designated as…

RZ Plumbing, Inc., Amtrust North America, Petitioners v. Workers' Compensation Appeals Board, Alan Koon, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant’s injury on 7/20/2015 was injury AOE/COE, when WCAB found that applicant was working for…

Employment Relationships—WCAB held that applicant was petitioner’s employee on 7/20/2015, not independent contractor, considering…