Workers' Compensation

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)

Here’s the second batch of advanced postings for December 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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Landmark Medical Management, Petitioner v. Workers' Compensation Appeals Board, Thang Vi Duong, Inc., State Farm Insurance, Alejandro Gonzalez, Respondents, lexis.com, Lexis Advance

Discovery—Pharmaceutical Liens—Trade Secrets—WCAB, denying lien claimants’ petition for removal, affirmed WCJ’s discovery orders requiring lien claimants, compound pharmacies owned by same individuals whose liens in question were purchased by accounts receivable company, to produce documents representing contracts between lien claimants and certain health care providers, which lien claimants alleged were protected by “trade secret” privilege, when WCAB found…

Sally Mackin, Petitioner v. Workers' Compensation Appeals Board, Santa Clara County Fairgrounds, PSI, Respondents, lexis.com, Lexis Advance

Permanent Disability—Application of 2005 Permanent Disability Rating Schedule—WCAB, in split panel decision, upheld WCJ’s application of 2005 Permanent Disability Rating Schedule to rate permanent disability caused by applicant carpenter’s cumulative trauma to wrists/carpal tunnel, when there was no claim for wrist injury prior to 1/1/2005, since claim was not filed until…

Permanent Disability—Rating—Formal Ratings—WCAB, in split panel decision, affirmed WCJ’s finding that applicant carpenter suffered 43 percent permanent disability for specific injury to her neck and shoulders and nine percent permanent disability to her wrists/carpal tunnel, based on…

Permanent Disability—Rating—Vocational Expert Evidence—WCAB, in split panel decision, affirmed WCJ’s finding that applicant carpenter suffered 43 percent permanent disability for specific injury to her neck and shoulders and nine percent permanent disability to her wrists/carpal tunnel, based on agreed medical examiner’s report describing whole person impairment and rating issued by Disability Evaluation Unit rater, when WCAB found…

Kamlesh Banga, Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Disability—Medical Treatment—WCAB held that applicant senior legal typist employed by State Compensation Insurance Fund sustained cumulative trauma injury AOE/COE in period ending 10/31/2000 to her left upper extremity, WCAB awarded applicant four and three-quarters percent permanent disability and medical treatment for this injury, and WCAB found…

Michael Ben Graves, Petitioner v. Workers' Compensation Appeals Board, MV Transportation, ACE American Insurance Company, administered by Broadspire, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB denied applicant’s petitions for reconsideration and removal to WCAB related to WCAB’s decision holding that applicant bus driver did not sustain…

Victor Paul Forward, Petitioner v. Workers' Compensation Appeals Board, Creative Construction Solutions, Inc., ACE Property and Casualty Company, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant did not meet burden of proving three industrial injury claims, all while working for defendant as senior estimator…

Los Angeles Unified School District, PSI, administered by Sedgwick Claims Management Services, Petitioner v. Workers' Compensation Appeals Board, Michael Reid, Respondents, lexis.com, Lexis Advance

Petitions for Writ for Review—Final Orders—Court of Appeal dismissed petition for writ of review because decision of WCAB being appealed was not final order or decision of WCAB, as required by Labor Code §§ 5900, 5901, when…

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