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Workers' Compensation

Self-Procured Surgery Not Found Medically Reasonable or Necessary: Cal. Comp. Cases October Advanced Postings (9/22/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Maria Ribeiro, Petitioner v. Workers' Compensation Appeals Board, Gus Jr. Restaurant, Zenith, Respondents,, Lexis Advance

Medical Treatment—Self-Procured Treatment—Temporary and Permanent Disability—WCAB, affirming WCJ, held that applicant restaurant manager, who suffered industrial neck and low back injury and subsequently underwent self-procured neck surgery in Germany on emergency basis due to her increasing symptoms, was not entitled to compensation for additional permanent disability or for period of temporary disability following surgery, when…

West Coast Drywall & Paint, Inc., CNA/American Casualty Corp., Petitioners v. Workers' Compensation Appeals Board, Samuel Polanco, Respondents,, Lexis Advance

Post-Termination Claims—WCAB rescinded WCJ’s finding that applicant’s claim for cumulative industrial injury to his back, head, eye, wrist, hand, right shoulder, right elbow, right knee, feet, heart, and in form of sleep disorder was barred by Labor Code § 3600(a)(10) post-termination defense, and held that Labor Code § 3600(a)(10)(D) exception to post-termination defense was applicable, when WCAB found that…

Osteria Coppa LLC, Truck Insurance Exchange, Petitioners v. Workers' Compensation Appeals Board, Angel Ramirez (Dec'd), Isabel Ramirez-Ramos (Widow), Respondents,, Lexis Advance

Presumption of Compensability—Failure to Timely Deny Claim—Rebuttal of Presumption—WCAB, affirming WCJ, held that decedent suffered compensable fatal brain injury and that his widow’s death claim was presumed compensable pursuant to presumption in Labor Code § 5402(b) for defendant’s failure to timely deny claim within 90 days of its receipt and subsequent failure to rebut presumption of compensability, when WCAB found that…








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