PD Payable Retroactively 14 Days After Last Payment of 4850 Benefits: Cal. Comp. Cases November Advanced Postings (11/12/2014)

Here are the third and fourth batches of advanced postings for the November 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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County of Riverside, PSI, Petitioner v. Workers' Compensation Appeals Board, Jeff Turley, Respondents, lexis.com, Lexis Advance

Permanent Disability—Manner of Payment—Commencement Date—WCAB affirmed WCJ’s finding that permanent disability due to applicant sheriff’s captain for industrially-related cancer was payable retroactively, pursuant to Labor Code § 4650, 14 days after applicant last received his Labor Code § 4850 benefits, not when applicant became permanent and stationary, and that defendant’s failure to pay retroactive permanent disability justified WCJ’s 10 percent penalty imposition on retroactive benefits under Labor Code § 4650(d), when WCAB found that…

Broadspire Claims Services, Xerxes Corporation, Petitioners v. Workers' Compensation Appeals Board, Hector Casillas, Respondents, lexis.com, Lexis Advance

Attorneys—Running and Capping—Privileged Document—Because there was no final order issued from WCAB, Court of Appeal dismissed defendant’s petition for writ of review without addressing merits of WCAB’s order denying removal, whereby WCAB denied defendant’s motions to compel deposition answers from applicant regarding aspects of his relationship with his attorney, production of documents, including…

Houston Astros, PSI, Petitioner v. Workers' Compensation Appeals Board, James Rodney Richard, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Tolling—Competency—WCAB, affirming WCJ, held that WCJ’s 9/6/2007 order dismissing applicant professional baseball player’s claim for cumulative industrial injury to multiple body parts was void and that applicant’s claim, which was re-filed by applicant on 10/12/2008, was not barred by statute of limitations, when applicant alleged that he was incompetent at time he…

Everest National Insurance Company (administered by American Claims Management), insurer for Alexander Construction, Inc., Petitioner v. Workers' Compensation Appeals Board, Kenneth Paul Sercu, dba Sir Q Construction, Steven Cornell, Uninsured Employers Benefits Trust Fund, David Giedd (aka David Geidd), Respondents, lexis.com, Lexis Advance

Employment Relationships—Out of three potential employers for applicant on 12/1/2010, date of applicant’s industrial accident, WCAB held that Alexander Construction, Inc. (Alexander) was applicant’s employer on that date and that Alexander and its workers’ compensation insurer were liable for applicant’s workers’ compensation benefits, when WCAB found that…

Lucia Mata, Petitioner v. Workers' Compensation Appeals Board, Hershey Chocolate and Confectionary Company, PSI, Sedgwick Claims Management Service, Respondents, lexis.com, Lexis Advance

Settlement Agreements—Setting Aside—WCAB held that applicant did not show good cause to set aside five settlement agreements, when WCAB found that parties submitted and WCAB approved five settlement agreements (three stipulations with request for award related to applicant’s orthopedic and psychiatric industrial injury claims, one dismissal related to same claims, and one stipulations and order related to applicant’s serious and wilful misconduct petition against employer related to one claim), that applicant sought to…

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