Workers' Compensation

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)

Here’s another batch of advanced postings for the January 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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Dennis Stolp, Petitioner v. Workers' Compensation Appeals Board, California Department of Developmental Services, Sonoma Developmental Center, administered by State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Psychiatric Injury—Good Faith Personnel Actions—Physical Injury—WCAB affirmed WCJ’s finding that applicant peace officer’s claims for cumulative psychiatric and cardiovascular injury were barred by lawful, good-faith, nondiscriminatory personnel action defense under Labor Code § 3208.3(h) and Rolda v. Pitney Bowes, Inc. (2001) 66 Cal. Comp. Cases 241 (Appeals Board en banc opinion), when WCAB found that…

Southland Spine and Rehabilitation Medical Center, Inc., Petitioner v. Workers' Compensation Appeals Board, Bal Seal Engineering, Inc., Insurance Company of the West, Justa Salas, Respondents, lexis.com, Lexis Advance

Medical Provider Networks—Liability for Outside Treatment—Notice Requirements—WCAB, affirming WCJ, held that defendant was not liable for lien arising from medical treatment self-procured by applicant laborer outside defendant’s Medical Provider Network, when defendant established that it had...

WCAB Procedure—Bifurcation of Issues—WCAB held that it was not error for WCJ to bifurcate defendant’s Medical Provider Network defense from other issues in lien trial because bifurcation was appropriate to…

City of Fresno, PSI, administered by Risico Claims Management, Petitioner v. Workers' Compensation Appeals Board, Audrey Grayson, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Mandate—Removal to WCAB—Orders Related to Medical-Legal Evaluations—WCAB denied defendant’s petition to remove case to itself, finding that defendant did not make showing required by 8 Cal. Code Reg. § 10843(a) that defendant would suffer substantial prejudice or irreparable harm if removal was not granted or that reconsideration would not be adequate remedy if final decision was adverse to defendant, when...

Martin Reiner, Petitioner v. Workers' Compensation Appeals Board, Heritage Provider Network, Travelers Property Casualty Company of America, Louella Jacobs, Respondents, lexis.com, Lexis Advance

Attorney’s Fees—Stipulations With Request for Award—WCAB held that attorney who may have provided some legal services related to applicant’s claim for workers’ compensation benefits for 2013 specific and cumulative trauma injuries was not entitled to attorney’s fee from Stipulations With Request for Award approved by WCAB because…