Adult Children Can Receive Lifetime Death Benefits: Cal. Comp. Cases October Advanced Postings

Here’s the second batch of advanced postings for the October 2014 issue of Cal. Comp. Cases.

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

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Alameda County Fire Department, c/o York Risk Services, Petitioner v. Workers' Compensation Appeals Board, Hollis Franks (Dec'd), Eric Franks (Son), Respondents, Lexis

Death Benefits—Conclusive Presumption of Total Dependency—Adult Children—WCAB affirmed WCJ’s finding that deceased firefighter’s adult son was eligible for lifetime death benefits pursuant to Labor Code § 4703.5 in connection with decedent’s 6/23/2012 cancer-related death, and that, contrary to defendant’s contention, pre-2014 Labor Code § 4703.5 did not exclude adult dependents from recovering lifetime benefits, when WCAB found that Labor Code § 4703.5 was…

California Department of Corrections and Rehabilitation, Legally Uninsured, State Compensation Insurance Fund, Adjusting Agent, Petitioners v. Workers' Compensation Appeals Board, Randall Salcido, Respondents, Lexis

Temporary Disability—Temporary Disability Benefits in Lieu of Industrial Disability Leave—WCAB affirmed WCJ’s finding that applicant teacher who suffered industrial injury to his spine, head, neck, and psyche was entitled to temporary disability benefits for period 8/27/2010 through 8/25/2011 at rate of $1,066.72 per week, less credit for industrial disability leave benefits, when WCAB found that…

Sasco Electric, Travelers Insurance, Petitioners v. Workers' Compensation Appeals Board, Marc Anemone, Respondents, Lexis

Permanent Disability—Apportionment—WCAB affirmed WCJ’s finding that applicant electrician incurred 100 percent permanent disability, after apportionment, from cumulative industrial orthopedic, internal, and psychiatric injuries and rejected defendant’s contention that maximum permanent disability awardable was 88 percent pursuant to principles in Brodie v. W.C.A.B. (2007) 40 Cal. 4th 1313, 57 Cal. Rptr. 3d 644, 156 P.3d 1100, 72 Cal. Comp. Cases 565, and Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113, when WCJ relied on reporting of agreed medical evaluators in orthopedics and psychiatry, Drs. David Graubard and Perry Segal, respectively, and qualified medical evaluator in internal medicine, Dr. Jonathan Ng, to determine disability and apportionment attributable to each of applicant’s injuries, and WCAB concluded that…

Ameri Chiropractic Corporation, Pinnacle Lien Services, Veronica Guzman, Petitioners v. Workers' Compensation Appeals Board, Staffing Systems, Inc., ACE Complete Programs, Michael Figueroa, Respondents, Lexis

Liens—Medical—Treatment Outside Medical Provider Network—WCAB affirmed WCJ’s order disallowing Ameri Chiropractic’s lien for medical treatment self-procured outside of defendant’s medical provider network by applicant warehouse worker who suffered industrial injuries to his right hand, finger, and low back on 12/14/2010, when…

Sanctions—WCAB affirmed WCJ’s award of sanctions, attorney’s fees, and costs against lien claimant Ameri Chiropractic and its hearing representative, Pinnacle Lien Services, pursuant…

Eugenia Granados, Petitioner v. Workers' Compensation Appeals Board, Harbor Freight Tools USA, Inc., Travelers Property Casualty Company, Respondents, Lexis

Petitions for Reconsideration—Dismissal—WCAB dismissed pro per applicant’s petition for reconsideration as skeletal, in violation of 8 Cal. Code Reg. § 10846, and unsupported by specific references to record and relevant principles of law, and…