Vocational Expert Failed to Conduct Research or Labor Market Survey: Cal. Comp. Cases December Advanced Postings (11/22/2013)

Here’s the first batch of advanced postings for the December 2013 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

© Copyright 2013 LexisNexis. All rights reserved.

Bruce Bates, Petitioner v. Workers' Compensation Appeals Board, Valley Vintners Wine Company, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 176 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 176 (Lexis Advance)

Permanent Disability—Rating—Vocational Expert Evidence—WCAB affirmed its prior decision rescinding WCJ’s finding that applicant/warehouse supervisor incurred 100 percent permanent disability as result of 2/10/92 industrial injuries to his cervical spine, low back, and psyche, and held that applicant’s injuries caused 80 percent permanent disability, after apportionment, when WCAB found that opinion of vocational expert on which WCJ relied in finding permanent total disability did not constitute substantial evidence regarding applicant’s vocational feasibility because vocational expert failed to conduct labor market survey or do any research or exploration into issue of whether applicant could work outside his home.

Lonnie Russell, Petitioner v. Workers' Compensation Appeals Board, Mental Health Associates, State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 178 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 178 (Lexis Advance)

Injury AOE/COE—Burden of Proof—Credibility Determinations—WCAB, in split panel decision, held that applicant/program supervisor did not sustain compensable consequence injury to right knee in addition to admitted industrial injury to her lumbar spine, when…

David Davido, Petitioner v. Workers' Compensation Appeals Board, AGBU Valley Chapter (Armenian General Benevolent Union Valley Chapter), The Hartford, Respondents, 2013 Cal. Wrk. Comp. LEXIS 177 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 177 (Lexis Advance)

Compensation Rate—Earning Capacity—WCAB held that applicant’s earning capacity for purpose of receiving temporary disability benefits for 8/19/2010 industrial right ankle and left knee injury was $287.67 per week, based on …

Warner Bros. Pictures, Inc., PSI, Petitioner v. Workers' Compensation Appeals Board, Susan Hecht, Respondents, 2013 Cal. Wrk. Comp. LEXIS 179 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 179 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant executive assistant sustained injury AOE/COE to psyche, digestive system, head, and sleep disorder in period 9/15/92 through 10/19/2007, based on…