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Workers' Compensation

Worker’s Injuries From Cave-In Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/11/2014)

Here’s the third batch of advanced postings for the April 2014 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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Joseph R. Scott, Inc., State Compensation Insurance Fund, Petitioners v. Workers' Compensation Appeals Board, Darrell Myers, Respondents,, Lexis Advance

Serious and Willful Misconduct of Employer—WCAB, reversing WCJ, held that applicant/pipefitter/laborer’s industrial injury to his low back, chest, ribs, and clavicle, which occurred when excavation area in which he was working caved in, was caused by employer’s serious and willful misconduct in violation of Labor Code § 4553, when WCAB found that (1) applicant established serious and willful misconduct under Labor Code § 4553.1, based on employer’s violation of workplace Safety Order 1541.1 (8 Cal. Code Reg. § 1541.1), applicable to excavations, by failing to…

Larry Alves, Petitioner v. Workers' Compensation Appeals Board, Panelized Structures, Inc., State Compensation Insurance Fund, Respondents,, Lexis Advance

Injury to Psyche AOE/COE—Sudden and Extraordinary Employment Condition—WCAB held that applicant’s claim of injury AOE/COE to psyche was barred under Labor Code § 3208.3(d) because applicant carpenter/construction worker had not worked for defendant for six months prior to injury and applicant’s injury did not result from “sudden and extraordinary employment condition,” which was exception to claim being barred if applicant worked for employer for fewer than six months, when WCAB found that…

Phillip Tyler Poston, Petitioner v. Workers' Compensation Appeals Board, CALTRANS, State Compensation Insurance Fund, adjusting agency, Respondents,, Lexis Advance

Injury to Psyche AOE/COE—WCAB held that applicant did not sustain burden under Labor Code § 3202.5 of proving cumulative injury AOE/COE to psyche ending 11/10/2012 while working for defendant as road maintenance worker, when applicant…


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