Workers' Compensation

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)

Here’s the latest batch of advanced postings for the June 2016 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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David Payne, M.D., Petitioner v. Workers' Compensation Appeals Board, Saddleback RV Sales, State Compensation Insurance Fund, Teresa Cline, Respondents, lexis.com, Lexis Advance

Liens—Procedural Rights and Duties—Appearance Requirements—WCAB, denying removal, affirmed WCJ’s decision ordering that lien of David Payne, M.D., be submitted for decision following lien trial at which neither Dr. Payne nor his representative, Legal Service Bureau, appeared, and rejected Dr. Payne’s assertion that WCJ violated his due process rights by ordering his lien submitted without allowing him opportunity to present evidence, when WCAB found that…

Yvette McLamb, Petitioner v. Workers' Compensation Appeals Board, United Parcel Service, Liberty Mutual Insurance Company, administered by Helmsman Management Company, Respondents, lexis.com, Lexis Advance

WCAB Duty to Develop Record—Majority of WCAB panel held that it did not have duty to develop record on issue of causation of applicant’s cumulative trauma injury ending 3/17/2010 because medical evidence from panel qualified medical evaluator was sufficient on this issue, even though panel qualified medical evaluator changed opinion on causation of applicant’s spine condition (new injury in 2010 or natural progression of 2006 industrial spine injury), when WCAB found that…

County of San Diego, PSI, Petitioner v. Workers' Compensation Appeals Board, Stephen Walling, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Court of Appeal affirmed WCAB’s holding that applicant deputy sheriff sustained injury AOE/COE to his right shoulder on 3/18/2013 when on call with his supervisor and fell while climbing wall approximately six feet tall, based on substantial evidence from applicant’s credible testimony, corroboration from supervisor’s testimony, and opinions on causation of injury from panel qualified medical evaluator, when WCAB found that…

Medical Treatment—Court of Appeal affirmed WCAB’s medical treatment award for applicant’s 3/18/2013 industrial right shoulder injury, including treatment for torn labrium, when WCAB based…