Workers' Compensation

Applicant Dropped Off On Skid Row Justified Penalties: Cal. Comp. Cases February Advanced Postings (1/30/2013)

Here’s the first batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries.

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TIG Insurance Company (administered by Risk Enterprise Management, Inc.), insurer for Taco Bell Corporation, Petitioner v. Workers' Compensation Appeals Board, Jean White, Respondents, 2013 Cal. Wrk. Comp. LEXIS 5

Medical Treatment—Utilization Review—WCAB affirmed WCJ's order awarding medical treatment in form of assisted living to applicant who incurred permanent total disability as result of industrial injuries, plus Labor Code § 5814 penalty and Labor Code § 5813 attorney’s fees and costs, when … and (4) WCAB concluded that defendant’s failure to diligently act on treating physician’s request for assisted living, causing applicant to be removed from assisted living facility where she had been living for three months and to be dropped off on skid row in downtown Los Angeles, was unreasonable so as to justify 25 percent penalty under Labor Code § 5814.

Angela Moreno, Petitioner v. Workers' Compensation Appeals Board, City of Glendale, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 4

Discrimination—Labor Code § 132a—WCAB, affirming WCJ, held that applicant/senior redevelopment project manager, who suffered industrial psychiatric injury and was subsequently terminated from her employment, failed to make prima facie showing that her termination was discriminatory under Labor Code § 132a, when…

Chris Derboghossian, Petitioner v. Workers' Compensation Appeals Board, All Tune & Lube, Erie Insurance Company, administered by Crawford & Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 3

Petitions for Writ of Review—Final WCAB Orders—Court of Appeal dismissed petition for writ of review, finding that petitioner was appealing WCAB decision that was not final order or decision required by Labor Code § 5901, since…


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