Hockey Player’s Claim Barred When Filed One Day After Labor Code 3600.5 Amendments Became Operative: Cal. Comp. Cases December Advanced Postings (11/24/2015)

Here’s the latest batch of advanced postings for the December 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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Matthew Walker, Petitioner v. Workers' Compensation Appeals Board, Tampa Bay Lightning, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—Application of Labor Code § 3600.5—Amendments—WCAB, reversing WCJ, held that applicant’s claim for industrial injury while employed as professional hockey player by multiple out-of-state hockey teams was barred under amendments to Labor Code § 3600.5, when applicant filed claim one day after amendments became operative, and WCAB concluded that Code of Civil Procedure § 12a and 8 Cal. Code Reg. § 10508, which WCJ found were applicable to extend applicant’s deadline for filing claim, did not apply to…

Cedars-Sinai Health System, PSI, Petitioner v. Workers' Compensation Appeals Board, Frances Wade, Respondents, lexis.com, Lexis Advance

Permanent Disability Ratings—Multiple Injuries—Apportionment and Overlap—WCAB made one combined permanent disability award to applicant clinical partner/LVN for two industrial injuries (on 12/7/96 and cumulative ending 12/7/96) to back, right hip, psyche, hypertension, and cardiovascular system for 96.5 percent permanent disability plus life pension, based on opinions from agreed medical evaluators in orthopedics, internal medicine, and psychiatry, and on rating from Disability Evaluation Unit rater, who was cross-examined, when WCAB found that…

Sara Thomas, Petitioner v. Workers' Compensation Appeals Board, West Anaheim Medical Center, Hartford Accident Indemnity Company, administered by CorVel, Stanbridge College, Farmers Insurance Exchange, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Burden of Proof—WCAB held that applicant did not meet burden of proving injury AOE/COE, because she did not present substantial medical evidence to support her testimony about mechanism of injury, when WCAB found that…

The Men's Wearhouse, Safety National Casualty Company, Petitioners v. Workers' Compensation Appeals Board, James Walton, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Final WCAB Decisions—Court of Appeal dismissed petition for writ of review of non-final WCAB decision rescinding WCJ’s finding and order on injury AOE/COE issue and returning matter to…