In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 5 May 2023 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below. CA - NOTEWORTHY PANEL DECISIONS...
Here’s the 4th batch of advanced postings for the August 2013 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
© Copyright 2013 LexisNexis. All rights reserved.
Carol Charon, Petitioner v. Workers' Compensation Appeals Board, Ralphs Grocery Company, administered by Sedgwick CMS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 126 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 126 (Lexis Advance)
Permanent Disability—Rating—Apportionment—WCAB awarded applicant 90 percent permanent partial disability, after apportionment, for industrial injury, based on opinions from agreed medical evaluator, including agreed medical evaluator’s opinion that 10 percent of applicant’s overall permanent disability was due to non-industrial factors that occurred after date of original stipulated award, in form of problems with applicant’s daughter and grandchildren, when WCAB found that…
Kenton Nairne, Petitioner v. Workers' Compensation Appeals Board, Robert McPeak, Foremost Insurance Company, adjusted by Crawford Claims Management Services, Respondents, 2013 Cal. Wrk. Comp. LEXIS 127 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 127 (Lexis Advance)
Statute of Limitations—Time to File Claims—Estoppel—WCAB, reversing WCJ, held that applicant/home care provider’s claim for injuries to his head, left ear, hearing, and back was barred by Labor Code § 5405 statute of limitations for failure to file claim within one year after defendant denied liability, and that…
Zenith Insurance Company, Petitioner v. Workers' Compensation Appeals Board, (Jose Hernandez), Respondents, 2013 Cal. Wrk. Comp. LEXIS 128 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 128 (Lexis Advance)
Injury AOE/COE—Recreational/Athletic Activities—WCAB, in split panel decision, affirmed WCJ’s finding that applicant/field worker suffered compensable injury to his right knee and lower extremities while playing basketball on defendant’s premises during his lunch break, and held that applicant’s belief that he was expected to participate in lunchtime basketball games was objectively reasonable for purposes of meeting compensability requirements in Labor Code § 3600(a)(9) and Ezzy v. W.C.A.B. (1983) 146 Cal. App. 3d 252, 194 Cal. Rptr. 90, 48 Cal. Comp. Cases 611, when evidence indicated that…