26 Apr 2016

Court Denies Petition for Writ of Mandate in Lien Activation Fee Lawsuit: Cal. Comp. Cases April/May Advanced Postings (4/26/2016)

Here’s the latest batch of advanced postings for the April and May 2016 issues of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

Petition for Writ of Mandate or Other Relief Denied Judicial Review

California Lien Professionals Association, Inc. v. California Department of Industrial Relations/Division of Workers’ Compensation, lexis.com, Lexis Advance

Liens—Filing and Activation Fees—Writ of Mandate—Court of Appeal denied petition for writ of mandate filed by California Lien Professionals Association seeking stay or injunctive relief against Division of Workers’ Compensation from enforcing Labor Code § 4903.06, which requires dismissal by operation of law on 1/1/2016 of all liens filed prior to 1/1/2013 for which lien activation fees have not been paid, on basis that California Lien Professionals Association failed to demonstrate entitlement to relief requested, when California Lien Professionals Association asserted that...

WCAB Decisions Denied Writ of Review

Highland Insurance Company, insurer for Pro America Premium Tools, Petitioner v. Workers' Compensation Appeals Board, Pro America Premium Tools, California Insurance Guarantee Association, administered by Intercare Insurance Services, on behalf of Pacific National Insurance Company, in liquidation, Arturo Guillen, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Final WCAB Orders—Court of Appeal dismissed petition for writ of review because WCAB order was not final order required by Labor Code §§ 5900 and 5901, when petitioners were appealing WCAB order denying….

Hector Arroyo, aka Hector Bastida, Petitioner v. Workers' Compensation Appeals Board, California Cemetery and Funeral Services, Westminister Memorial Park, Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Cumulative Trauma Injury AOE/COE—WCAB held that applicant maintenance worker did not meet burden of proving cumulative trauma injury AOE/COE from 12/31/2013 through 12/31/2014 to multiple body parts, when WCAB found no evidence of cumulative trauma, applicant did not miss time from work and did not seek medical treatment until after meeting with attorney, medical opinion in record was not substantial evidence because...

Pete Olague, Petitioner v. Workers' Compensation Appeals Board, Colton Joint Unified School District, Keenan and Associates, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Successive Petitions—WCAB dismissed applicant’s petition for reconsideration of WCAB’s previous opinion dated 11/24/2015 dismissing petition for reconsideration, when WCAB found that…