Employer Violated Safety Order With Cigarette Smoke in Workplace: Cal. Comp. Cases May Advanced Postings (4/30/2014)

Here are the first two batches of advanced postings for the May 2014 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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Negherbon Auto Center, Petitioner v. Workers' Compensation Appeals Board, Barry Blaylock, Respondents, lexis.com, Lexis Advance

Serious and Willful Misconduct by Employer—Safety Order Violations—WCAB, affirming WCJ, held that applicant met burden of proving that employer violated Labor Code § 4553 based on its serious and willful misconduct in causing applicant to suffer injury to his lungs and permanent total disability due to workplace exposure to cigarette smoke, when WCAB found that…

County of Los Angeles, PSI, administered by Sedgwick Claims Management Services, Petitioner v. Workers' Compensation Appeals Board, Virginia Seafus, Respondents, lexis.com, Lexis Advance

Permanent Disability—Apportionment—Overlap—WCAB, affirming WCJ, awarded applicant/human services administrator 87 percent permanent disability, after 15 percent apportionment under Labor Code § 4663, for industrial injury to her heart, cardiovascular system, psychological system, and in form of sleep disorder, but found no basis for apportionment pursuant to Labor Code § 4664(c)(1) and Kopping v. W.C.A.B. (2006) 142 Cal. App. 4th 1099, 48 Cal. Rptr. 3d 618, 71 Cal. Comp. Cases 1229, when WCAB concluded that…

Luis Tijerino, Petitioner v. Workers' Compensation Appeals Board, KTTV Fox 11 News, PSI, administered by Gallagher Bassett Services, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant cameraman/television technician/engineer/editor did not sustain injury AOE/COE on 9/15/2007 in form of chronic pain disorder, in addition to admitted and found injury AOE/COE to other body parts on same date, based on…

Permanent Disability—Rating—WCAB awarded applicant 73 percent permanent disability for 9/15/2007 injury AOE/COE, after apportionment, and with life pension, based on opinions from two agreed medical evaluators, formal rating instructions, motion to strike rating instructions, amended instructions, and Disability Evaluation Unit rating, and WCAB found that…

WCAB’s Duty to Develop Record—WCAB held that it did not have duty to develop record on issue of rating applicant’s permanent disability from 9/15/2007 industrial injury by asking agreed medical evaluators to further report, when WCAB found that…

M. Francesca Hanna, Petitioner v. Workers' Compensation Appeals Board, County Sanitation Company, Inc., State Compensation Insurance Fund, Joshua Suniga, Respondents, lexis.com, Lexis Advance

Attorney’s Fees—Division of Fees—WCAB awarded attorney’s fees of $15,000, representing 15 percent of compromise and release amount of $100,000, withheld $15,000 from settlement for fees, and ordered $5,000 from withheld fees to be paid to petitioner/applicant’s former attorney as reasonable fee and remainder of withheld fees to be returned to applicant ($10,000), when WCAB…

Debbie Pedersen, Petitioner v. Workers' Compensation Appeals Board, Sutter Medical Center of Santa Rosa, PSI, Sutter Health WC, State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Permanent Disability—Time of Payment—WCAB, rescinding WCJ’s award in split panel decision, held that payment of permanent total disability indemnity to applicant/mammography technician who suffered cumulative industrial injury to cervical spine, vocal cords, right elbow, and wrists should commence on 3/19/2008, which was date on which agreed medical examiner found increased permanent disability, rather than on date last temporary total disability indemnity was paid under prior stipulated award, as found by WCJ, when WCAB…

Gheorghe Toma v. Workers' Compensation Appeals Board, Basic Electric, Inc., Sedgwick CMS, California Insurance Guarantee Association, State Compensation Insurance Fund, Subsequent Injuries Benefits Trust Fund, Respondents, lexis.com, Lexis Advance

Subsequent Injuries Benefits Trust Fund—Threshold Requirements—WCAB rescinded WCJ’s finding that applicant/electrician was entitled to receive Subsequent Injuries Benefits Trust Fund benefits for combined permanent disability from 1998 industrial injury to low back and industrial cumulative injury over period 10/16/2000 through 10/16/2001, and held that applicant was not entitled to receive Subsequent Injuries Benefits Trust Fund benefits under Labor Code § 4751, when WCAB… 

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