PQME Report Successfully Rebutted Duty Belt Presumption: Cal. Comp. Cases March Advanced Postings (2/25/2015)

Here’s the first batch of advanced postings for March 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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Abraham Tokier (aka Abraham Tolkier), Petitioner v. Workers' Compensation Appeals Board, City of Palm Springs, PSI, Respondents, lexis.com, Lexis Advance

Presumption of Industrial Causation—Peace Officers—Duty Belt Presumption—WCAB, in split panel decision, affirmed WCJ’s order that applicant police lieutenant take nothing by way of his claim for industrial low back injury, when panel majority found that reporting of orthopedic panel qualified medical evaluator, Ronald Levey, M.D., successfully rebutted Labor Code § 3213.2 “duty belt” presumption, because Dr. Levey, after reviewing MRI, opined that…

Timothy Smith, Petitioner v. Workers' Compensation Appeals Board, West Coast Aggregates, Inc., State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded applicant heavy equipment operator/loader 78 percent permanent partial disability, after apportionment, for applicant’s 6/4/2002 injury AOE/COE to lumbar spine, internal system, right clavicle, and right elbow, with WCAB’s permanent disability rating based on opinions from agreed medical evaluators in orthopedics and internal medicine, rating instructions, rating from Disability Evaluation Unit, and range of medical evidence, and with WCAB’s holding on apportionment of disability based on…