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Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

February 03, 2016 (1 min read)

Here’s another batch of advanced postings for the February 2016 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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Johns Mansville, self insured, administered by ESIS, Petitioner v. Workers' Compensation Appeals Board, Herbert Cooper (Dec'd), Pamela Cooper (Widow), Respondents,, Lexis Advance

Settlements—Compromise and Release—WCAB affirmed WCJ’s finding that decedent’s surviving spouse was entitled to pursue claim for death benefits arising from decedent’s death caused by malignant peritoneal mesothelioma, involving injury to decedent’s abdomen, stomach, and peritoneum, caused by decedent’s asbestos exposure from 1962 to 1972, when WCAB found that 2008 Compromise and Release settling decedent’s claims for asbestos-related injury to his “lungs and respiratory system” incurred during same period with same employer did not settle claims for injury to body parts other than those specifically identified in Compromise and Release, and that defendant’s attempt to incorporate general release of decedent’s claim for injuries other than lungs and respiratory system into addendum to Compromise and Release was void because...

MV Contracting, Star Insurance Company, administered by Meadowbrook Insurance Group, Petitioners v. Workers' Compensation Appeals Board, Horacio Cabrera (Dec'd), Maribel Barajas, Widow and guardian ad litem for Litzy Cabrera, Lesly Cabrera, Maria Cabrera, and Kassandra Cabrera, Brianna Cabrera, for herself and as guardian ad litem for Stefani Arias, Antonio Solares, Modesto Dominguez, Jonathan Alonso, Respondents,, Lexis Advance

Injury AOE/COE—Going and Coming Rule—Employer-Furnished Transportation—WCAB affirmed WCJ’s finding that decedent and injured applicants, in consolidated cases brought by applicants and decedent’s dependents, suffered injury AOE/COE in motor vehicle accident while traveling to work in van driven by decedent, and that their claims were not barred by “going and coming rule,” when substantial evidence established that…

Presumption of Compensability—Time to Act on Claim—WCAB found that presumption of compensability under Labor Code § 5402 applied to injured applicants’ claims arising from motor vehicle accident, when employer failed to…