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Here is the fourth batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries.
Ruzan Charkchyan, Petitioner v. Workers' Compensation Appeals Board, Glendale Unified School District, PSI, administered by Keenan and Associates, Respondents
75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 200
Medical-Legal Procedure--Panel Qualified Medical Evaluators--Failure to Timely Submit Report--WCAB, affirming WCJ's decision, denied removal from WCJ's finding that applicant alleging cumulative trauma injuries was not entitled to replacement QME panel pursuant to Labor Code § 4062.5 and 8 Cal. Code Reg. § 31.5(a)(12) on basis that original panel QME served his report one day beyond 30-day time frame allowed for service under Labor Code § 139.2(j)(1)(a), when WCAB determined that...
John C. Duncan, Director, Department of Industrial Relations, State of California, as Administrator of Subsequent Injuries Benefits Trust Fund of the State of California, Petitioner v. Workers' Compensation Appeals Board, West Valley/Mission College, California Insurance Guarantee Association, on behalf of Fremont Compensation Insurance, in liquidation, (Dawn May), Respondents
75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 201
Subsequent Injuries Benefits Trust Fund--Time to File Application--WCAB, rescinding WCJ's finding, held that 12/10/2008 application for Subsequent Injuries Benefits Trust Fund benefits filed by applicant with 10/22/98 spinal injury was not untimely filed so as to bar her claim for Subsequent Injuries Benefits Trust Fund benefits, when applicant...
Napa Pipe (Oregon Steel Mills, dba Napa Pipe), PSI, Remedy Intelligent Staffing, Petitioners v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, administered by Intercare Insurance Services, on behalf of Reliance National Insurance Company, in liquidation (insurer for Remedy Intelligent Staffing), (Stanley Sanders), Respondents
75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 202
California Insurance Guarantee Association--General and Special Employers--Other Insurance--WCAB held that WCJ erred in requiring California Insurance Guarantee Association, on behalf of insolvent general employer, to continue furnishing benefits to applicant/laborer with low back, right hip, and left wrist injuries, and ordered self-insured special employer to assume payments, when WCAB found that...
Payless Shoesource, Inc., PSI, administered by Gallagher Bassett Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Arlene Twine, Respondents
75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 203
Injury AOE/COE--WCAB held that applicant sustained injury AOE/COE to her back and psyche, when WCAB found that defendant admitted injury to back, that applicant sustained injury to psyche...
Injury AOE/COE/Evidence--WCAB held that Labor Code § 4062 did not require it to rely solely on opinion of panel qualified medical evaluator selected after represented parties were unable to agree on agreed medical evaluator, that Labor Code § 4062 did not preclude...
Fidelity National Financial, Inc./Fidelity National Title Insurance Company, insured by The Hartford Insurance Company, administered by Sedgwick Claims Management Services, Inc. v. W.C.A.B., Laura Christina Lepe-Duarte
75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 204
Removal to WCAB--WCAB denied defendants' petition to remove case to WCAB under Lab. Code § 5310, finding no showing of substantial prejudice or irreparable harm if removal was not granted because of WCJ's order taking matter off calendar and allowing further discovery in form of reevaluation of unrepresented applicant by panel QME, when WCAB found that...
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