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Workers' Compensation

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. subscribers can link to the case to read the complete headnotes and summaries.

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Giroux Glass Inc., Indemnity Insurance Company of North America, administered by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Rodney Hatley, Respondents, 2012 Cal. Wrk. Comp. LEXIS 105

Permanent Disability—Rating—Permanent Total Disability—WCAB affirmed WCJ’s finding that applicant/glazer incurred 100 percent permanent disability as result of cumulative injury to his back, based on unrebutted testimony of vocational rehabilitation expert that…

Permanent Disability—Apportionment—WCAB, applying Labor Code § 4663 and decision in LeBoeuf v. W.C.A.B. (1983) 34 Cal. 3d 234, 193 Cal. Rptr. 547, 666 P.2d 989, 48 Cal. Comp. Cases 587, held that there was no basis for apportionment of applicant’s permanent total disability to non-industrial factors when only evidence presented indicated that applicant’s non-feasibility for vocational rehabilitation was solely caused by…

Insurance Company of the State of Pennsylvania, administered by Chartis Claims, insurer for Irish Construction, Petitioner v. Workers' Compensation Appeals Board, Irish Construction, California Insurance Guarantee Association, administered by Broadspire, on behalf of California Compensation, in liquidation, Centre Insurance, administered by Risk Enterprise Management, (Trinidad Sepulveda), Respondents, 2012 Cal. Wrk. Comp. LEXIS 104

WCAB Jurisdiction—New and Further Temporary Disability—Five-Year Statute of Limitations—WCAB held that WCJ had jurisdiction to award applicant/carpenter temporary disability indemnity for period of temporary disability incurred more than five years after date of injury in connection with industrial injuries suffered by applicant to his back, left hip, left knee, and shoulders on 10/11/2000 and to his left shoulder during cumulative period, when applicant had previously received stipulated award of temporary disability indemnity in connection with 9/21/99 industrial injury, for which CIGA had sole liability, and WCAB found that…

Noel Lopez, Petitioner v. Workers' Compensation Appeals Board, William Bolthouse Farms, PSI/adjusted by Sedgwick, insured by Argonaut Insurance Company, and insured by Mid-Century Insurance, Respondents, 2012 Cal. Wrk. Comp. LEXIS 102

Injury AOE/COE—WCAB held that applicant/farmworker sustained injury AOE/COE to low back from 7/31/2001 through 7/31/2002, when WCAB found …

Injury AOE/COE—WCAB held that applicant sustained injury AOE/COE to his low back on 2/16/98, when WCAB found that …


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