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Workers' Compensation

No Mutual Mistake of Fact Existed When Stipulations Submitted: Cal. Comp. Cases February Advanced Postings (2/20/2013)

Here’s the fourth batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries.

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United Airlines, Inc., PSI, adjusted by Gallagher Bassett, Petitioner v. Workers' Compensation Appeals Board, Sonia Rodriguez, Respondents, 2013 Cal. Wrk. Comp. LEXIS 19

Stipulations—Setting Aside—Mutual Mistake of Fact—WCAB denied defendant’s request to set aside Stipulated Award under which parties settled unrepresented applicant/administrative assistant’s claim for 10/21/2005 specific injury to her wrists that was based on reports of applicant’s treating physician diagnosing flexor tendinitis of right distal forearm, when defendant sought to set aside Stipulations on ground that parties, due to mutual mistake, erroneously stipulated to specific injury rather than cumulative trauma injury, but WCAB found that…

David Garcia, Petitioner v. Workers' Compensation Appeals Board, Western Tile and Carpet, Inc., Golden Eagle Insurance Corp., administered by Liberty Mutual Insurance Co., Tony Delanzo, dba T.D. Tile, Respondents, 2013 Cal. Wrk. Comp. LEXIS 15

Injury AOE/COE—WCAB held that applicant tile setter did not meet burden of proving he sustained injury AOE/COE in cumulative trauma period from 11/1/95 to 12/8/1998 to lungs, respiratory system, disseminated coccidioidomycosis/valley fever, or meningitis from exposure to fumes, dust, and dirt while working for employer, when WCAB found that…

Larry Hamilton, Petitioner v. Workers' Compensation Appeals Board, Toyota of Poway, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Fremont Compensation Insurance Co., in liquidation Respondents, 2013 Cal. Wrk. Comp. LEXIS 16

WCAB Orders—Good Cause to Set Aside—WCAB held that applicant did not show good cause to set aside (1) 11/22/88 trial stipulation, (2) 12/27/88 findings, award, and order, or (3) 9/20/2001 order approving compromise and release, all related to applicant’s 5/16/84 industrial injury, and WCAB also held that…

San Mateo County Transit District, PSI, Petitioner v. Workers' Compensation Appeals Board, Lowel Love, Respondents, 2013 Cal. Wrk. Comp. LEXIS 17

Permanent Disability—Apportionment—WCAB held that (1) Labor Code § 4662 presumption that applicant’s permanent disability was total applied because medical evidence in record and medical opinions from applicant’s qualified medical evaluator supported finding that applicant lost use of both hands (as specified in statute), and that…

Southwest Trails, Inc., Castlepointe, administered by Tower Group Companies, Petitioners v. Workers' Compensation Appeals Board, Jose Portillo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 18

Injury AOE/COE—WCAB held that applicant sustained admitted injuries AOE/COE on 10/30/2008 to his cervical spine, lumbar spine, and left wrist, and WCAB found injuries AOE/COE to…

Permanent Disability—Rating—WCAB awarded applicant 36 percent permanent partial disability, after adjustment for age and occupation and without apportionment, based on… 


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