California Compensation Cases January 2024

CALIFORNIA COMPENSATION CASES

Vol. 89, No. 1 January 2024

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 Denied Judicial Review

CONTENTS OF THIS ISSUE

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Appellate Court Compensation Case

Zurich American Insurance Company v. W.C.A.B. (2nd—B321864)

Petitions for Reconsideration—WCAB’s Time to Act on Petition—Court of Appeal held that WCAB exceeded its jurisdiction in granting California Insurance Guarantee Association’s (CIGA) petition for reconsideration more than nine months after petition was filed and after petition was deemed denied under Labor Code § 5909’s 60-day timeframe for WCAB to act…

Appellate Court Cases Not Originating with Appeals Board

People, The v. Luna (4th—G062297)

Illegal Referrals—Penalties—Application of Williamson Rule—Court of Appeal, affirming trial court’s dismissal order, held that trial court properly applied Williamson rule (In re Williamson (1954) 43 Cal. 2d 651, 276 P.2d 593), which precludes criminal prosecution under general statute if there is more specific statute that applies to defendant’s conduct, to dismiss multiple counts of felony insurance fraud filed against defendant workers’ compensation attorney…

Illegal Referrals—Constitutionality of Disclosure Requirement—Court of Appeal held that Labor Code § 139.32(b), which requires interested parties to “disclose any financial interest in any entity providing services,” is unconstitutionally vague, because provision does not provide any guidance as to whom disclosure must…

Vann (Matthew) v. City and County of San Francisco (1st—A165231)

Workers’ Compensation Exclusive Remedy Rule—Public Employers—Court of Appeal, affirming trial court’s judgment of dismissal in favor of defendants, held that plaintiff firefighter employed by San Francisco Fire Department (SFFD) was barred by workers’ compensation exclusive remedy rule in Labor Code §§ 3600(a), 3601(a) and 3602(a) from pursuing personal injury claim against…

Yalung v. State of California (5th—F084367)

Residential Employees Performing In-Home Supportive Services—Employment Relationship with State of California—Vicarious Liability—Court of Appeal, affirming trial court’s dismissal order, held that State of California (State) had no employment relationship (either as joint or special employer) with In-Home Supportive…

Digests of WCAB Decisions Denied Judicial Review

Innovative Work Comp Solutions, LLC v. W.C.A.B. (Salas, Sophia) (3rd—C099196)

Psychiatric Injury—Six-Month Employment Requirement—Sudden and Extraordinary Employment Conditions—WCAB, granting reconsideration in split panel opinion, rescinded WCJ’s decision that Labor Code § 3208.3(d)’s six-month employment requirement barred applicant delivery driver’s claim for psychiatric injury stemming from 11/25/2020…

Midwest Employers Casualty Company v. W.C.A.B. (Fisher, Sean) (3rd—C099290)

Permanent Disability—Rating—Rebuttal of Scheduled Rating—WCAB, after granting reconsideration, affirmed WCJ’s finding that opinion of applicant’s vocational expert was substantial evidence to rebut scheduled permanent disability rating pursuant to Ogilvie v. W.C.A.B. (2011)…

Nova Casualty Company v. W.C.A.B. (Canales, Maritza) (2nd—B329138)

Employment Relationships—Joint Employment—WCAB, denying reconsideration, affirmed WCJ’s finding that applicant suffered cumulative injury ending 7/20/2020, while jointly employed as housekeeper/nanny by ophthalmological surgical clinic East West Eye Institute (eventually…

Walt Disney Travel Company, The v. W.C.A.B. (Lazcano, Teresa) (2nd—B329115)

Permanent Total Disability—Commencement of Payments—WCAB, granting reconsideration, affirmed WCJ’s decision that applicant who suffered industrial injury to her psyche, spine and upper extremities while employed as service clerical worker by defendant from 7/24/2010 to…

Winnen (Jesse) v. W.C.A.B. (3rd—C098844)

Medical Treatment—Apportionment—Permanent Disability—WCAB, af ter granting reconsideration in split panel opinion, affirmed decision in which WCJ found that applicant who suffered brain seizure while employed as paramedic/firefighter on 7/6/2016 as result of interaction…

Other WCAB Decision Denied Judicial Review

Magic Mountain, LLC v. W.C.A.B. (Arey, William) (2nd—B329983)

Petitions for Writ of Review—Premature Petitions—Court of Appeal dismissed defendant’s Petition for Writ of Review as premature under Labor Code §§ 5900 and 5901, when Court of Appeal found that…

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