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Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)

February 14, 2014 (2 min read)

Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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City of Oakland, PSI, administered by JT2 Integrated Resources, Inc., Petitioner v. Workers' Compensation Appeals Board, C. Dupsi Brown-Kuria, Respondents, 2014 Cal. Wrk. Comp. LEXIS 6 (, 2014 Cal. Wrk. Comp. LEXIS 6 (Lexis Advance)

Injuries AOE/COE—WCAB held that applicant city housing development coordinator sustained two industrial injuries to multiple body parts during her employment with defendant and on cumulative trauma basis, based on testimony from applicant and applicant’s vocational expert and on opinions from applicant’s qualified medical evaluator, all of which WCAB found was substantial evidence, when WCAB found that...

Permanent Disability—Apportionment—WCAB awarded applicant 100 percent permanent total disability for two industrial injuries, without apportionment, based on substantial evidence opinions from applicant’s qualified medical evaluator and applicant’s vocational expert, when WCAB found that...

Atlas Transfer and Stprage Company, Inc., Star Insurance Company, administered by Meadowbrook Insurance Group, Petitioners c. Workers' Compensation Appeals Board, Redwood Fire and Casualty Insurance Company, administered by Berkshire Hathaway Homestate Companies, Frank Allen, Respondents, 2014 Cal. Wrk. Comp. LEXIS 2 (, 2014 Cal. Wrk. Comp. LEXIS 2 (Lexis Advance)

Employment Relationships—Employees—Truck Drivers—WCAB, affirming WCJ, held that applicant, who suffered specific and cumulative injuries to various body parts while working as moving van driver for defendant/hauling company, was defendant’s employee at time of injuries rather than independent contractor, based on analysis under S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 769 P.2d 399, 256 Cal. Rptr. 543, 54 Cal. Comp. Cases 80, establishing that…

FirstComp Omaha, for Endurance Insurance Company (insurer for Landforce Logistics, Inc.), Petitioners v. Workers' Compensation Appeals Board, Jorge Martinez, Respondents, 2014 Cal. Wrk. Comp. LEXIS 7 (, 2014 Cal. Wrk. Comp. LEXIS 7 (Lexis Advance)

Insurance Coverage—Scope of Policy Coverage—WCAB affirmed Arbitrator’s finding that insurance policy issued by Endurance Insurance Co. to Landforce Logistics, Inc., provided workers’ compensation coverage for all employees of Landforce Logistics, not solely those classified as clerical, including, if ultimately determined to be employee of Landforce Logistics, applicant/truck driver who alleged that he incurred industrial injury while driving truck in Utah, when WCAB found that…

University of California, San Francisco, PSI, adjusted by Sedgwick CMS, Petitioner v. Workers' Compensation Appeals Board, Martha Herrera, Respondents, 2014 Cal. Wrk. Comp. LEXIS 8 (, 2014 Cal. Wrk. Comp. LEXIS 8 (Lexis Advance)

Stipulations—Setting Aside—WCAB affirmed WCJ’s order setting aside parties’ pre-trial conference stipulation that applicant had permanent disability rate of $230 per week, and WCJ’s finding that applicant was entitled to 15 percent increase in permanent disability awarded based on stipulation pursuant to Labor Code § 4658(d), when WCAB found that…


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