Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)

Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases.

FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD

Lexis.com subscribers can link to the case to read the complete summary.

Harris Ranch Inn & Restaurant, PSI, administered by Acclamation Insurance Management Services, Petitioner v. Workers' Compensation Appeals Board, Pablo Orrala, Respondents, 2011 Cal. Wrk. Comp. LEXIS 202

Injury AOE/COE—Causation—Idiopathic Seizures—WCAB, affirming WCJ's finding that applicant/baker sustained injury AOE/COE to his head when he suffered idiopathic seizure and fell and hit his head on cement floor, held that finding of industrial causation was supported by Supreme Court’s reasoning in Employers Mutual Liability Insurance Co. v. I.A.C. (Gideon) (1953) 41 Cal. 2d 676, 263 P.2d 4, 18 Cal. Comp. Cases 286, which is still controlling authority on issue of causation even post-SB 899 because, although applicant’s fall resulted from idiopathic seizure, disabling injury arose out of employment because caused by applicant’s head striking cement floor in work area provided by defendant.

Here are the rest of this week’s cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

California Indemnity, insurer for B & S Auto & Truck, Petitioner v. Workers' Compensation Appeals Board, Preferred Employers San Diego, Clarendon/American All Risk Loss Fresno, (Vance Marquez), Respondents, 2011 Cal. Wrk. Comp. LEXIS 199

Permanent Disability—Rating—Permanent Total Disability—WCAB held that applicant/auto mechanic incurred 100 percent permanent total disability as result of industrial injuries to his neck, chest, back, bilateral upper extremities, knees, and psyche, and during cumulative period, based on opinions of …

Permanent Disability—Apportionment—Successive Injuries—WCAB held that defendant did not meet burden of proving Labor Code § 4663 or 4664 apportionment of applicant/auto mechanic’s permanent total disability as between his specific industrial injuries to his neck, chest, back, bilateral upper extremities, knees, and psyche, and his cumulative injuries to same body parts, and that WCJ properly issued single, combined permanent disability award pursuant to exception to rule in Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113, requiring apportionment between injuries based on causation, when …

Permanent Disability—Apportionment—Non-Industrial Factors—WCAB affirmed WCJ’s finding that opinion of psychiatric agreed medical evaluator, apportioning five percent of applicant’s psychiatric condition to applicant’s claimed childhood abuse, did not constitute substantial evidence to support …

Perseveranda M. Goins, Petitioner v. Workers' Compensation Appeals Board, County of San Diego, PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 201

Psychiatric Injury AOE/COE—WCAB held that applicant did not sustain injury to psyche AOE/COE from 10/22/2008 to 10/22/2009 and that applicant did not meet burden of proving that actual events of employment were predominant as to all causes of alleged psychiatric injury, as required by Labor Code § 3208.3(b)(1), when WCAB found that …

Fred Smith, Petitioner v. Workers' Compensation Appeals Board, Ralphs Grocery Company/Boy's Market, PSI, administered by Sedgwick Claims Management Services, Respondents, 2011 Cal. Wrk. Comp. LEXIS 205

Injury AOE/COE—WCAB held that applicant stock clerk sustained injury AOE/COE on 10/30/94 to his back, neck, and shoulders, but not to…

Disability Benefits—WCAB awarded applicant temporary total disability benefits from 7/5/95 to 8/15/2001, 11/5/2001 to 5/22/2002, 3/12/2003 to 4/23/2003, and 3/5/2004 to 4/12/2004 and …

Medical Treatment—WCAB awarded applicant further medical treatment for…

Penalties—Delay in Payment of Award—WCAB held that defendant unreasonably delayed paying final judgment and awarded …

Community Hospital of Monterey Peninsula, PSI, administered by ESIS, Petitioner v. Workers' Compensation Appeals Board, William R. Bunch, Respondents, 2011 Cal. Wrk. Comp. LEXIS 200

Evidence—Weight of Evidence—WCAB affirmed WCJ’s finding that applicant suffered permanent total disability as result of industrial injury, based on totality of evidence, including vocational expert’s opinion, and that agreed medical evaluator’s supplemental report, issued after he viewed …

Sandra Jill LaPlante, Petitioner v. Workers' Compensation Appeals Board, Wal-Mart Associates, Inc., American Home Assurance Company, Inc., administered by Avizent, Respondents, 2011 Cal. Wrk. Comp. LEXIS 204

Permanent Disability—Apportionment—WCAB, rescinding WCJ’s findings and award and remanding for WCJ to hold further proceedings on whether applicant’s gastric bypass surgery was related to applicant’s industrial injuries, held that opinion of psychiatric agreed medical evaluator supported apportionment of 10 to 15 percent of applicant’s psychiatric disability from two industrial injuries to non-industrial factors, when WCAB found …

Jose Berrios, Petitioner v. Workers' Compensation Appeals Board, Jerry's Famous Deli, Centre Insurance Company, administered by Risk Enterprise Management, Respondents, 2011 Cal. Wrk. Comp. LEXIS 198

Temporary Disability—WCAB granted defendant’s petition to terminate applicant’s temporary disability benefits for two industrial injuries as of 3/9/2006, which was date applicant became permanent and stationary according to opinion of independent medical evaluator appointed by WCAB, when WCAB found that …

Temporary Disability—Permanent and Stationary Date—WCAB held that applicant was permanent and stationary on 3/9/2006 for two industrial injuries, based on opinions of independent medical evaluator appointed by WCAB who gave opinion that…

Massoud Kaabinejadian, Petitioner v. Workers' Compensation Appeals Board, Rabobank, N.A., administered by Chubb, Respondents, 2011 Cal. Wrk. Comp. LEXIS 203

Psychiatric Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE to psyche in cumulative trauma period from 4/3/2006 through 7/5/2006, when applicant claimed injury from working for employer as senior vice president for credit, recommending approval or non-approval of business loans, and claimed he was subjected to emotional stress resulting in mental anguish and major depression from interactions with other staff members related to approval of loans, and WCAB found …

Discrimination—Labor Code § 132a—WCAB held that applicant did not show that employer discriminated against him in violation of Labor Code § 132a by terminating him 7/5/2006, when WCAB found …

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