Defendant Can’t Unilaterally Terminate Home Health Care Services Without Evidence of Change in Applicant’s Condition or Circumstances: Cal. Comp. Cases August Advanced Postings (8/5/2015)

Here are the first and second batches of advanced postings for the August 2015 issue of Cal. Comp. Cases.

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

© Copyright 2015 LexisNexis. All rights reserved.

Warner Brothers, Time Warner Entertainment Company, Zurich American Insurance Company, Los Angeles, Petitioners v. Workers' Compensation Appeals Board, Darlene Ferrona, Respondents, lexis.com, Lexis Advance

Medical Treatment—Home Health Care—Utilization Review—WCAB affirmed WCJ’s finding that applicant, who incurred cumulative industrial injury to her psyche and in form of fibromyalgia, was entitled to home health care services 24 hours per day, seven days per week, pursuant to opinion of her treating physician, A. Joseph Glaser, Ph.D., when defendant had agreed to provide home health care services 24 hours per day, seven days per week, in 2009 based on recommendations of agreed medical evaluators and again in 2014 after Dr. Glaser submitted request for authorization indicating applicant’s continued need for home health care, and WCAB found that…

Travelers Property Casualty Company of America, insurer for Robert Heely Construction, Petitioner v. Workers' Compensation Appeals Board, Luis Gonzales, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Insidious Diseases—Valley Fever—WCAB, in split panel decision, affirmed WCJ’s determination that applicant oil field worker/heavy equipment operator was entitled to interim award of 24 percent permanent disability with WCAB jurisdiction reserved over permanent disability, based on finding that applicant’s industrially-related valley fever constituted “insidious progressive disease,” when panel majority concluded that…

State Compensation Insurance Fund, insurer for Blue Star Ready Mix, Petitioner v. Workers' Compensation Appeals Board, Patrick Conen, Respondents, lexis.com, Lexis Advance

Permanent Disability—Permanent Total Disability—Rating—WCAB affirmed WCJ’s award of 100 percent permanent disability to applicant heavy equipment operator who suffered 7/17/2008 industrial injury to his low back, urological system, and psyche, based on opinions of orthopedic agreed medical evaluator and psychiatric agreed medical evaluator, who both concluded that…

Permanent Disability—Apportionment—WCAB, in panel split decision, affirmed WCJ’s finding that opinions of orthopedic agreed medical evaluator and psychiatric agreed medical evaluator did not constitute substantial evidence to justify apportionment of applicant heavy machine operator’s permanent total disability caused by 7/17/2008 industrial injury to his low back, urological system, and psyche, when WCAB concluded that…

Brandon Costa, Petitioner v. Workers' Compensation Appeals Board, Wolseley Investments, dba Ferguson Enterprises, Inc., Liberty Mutual Insurance Company (for Helmsman Management Services, Inc., on behalf of New Hampshire Insurance Company), Respondents, lexis.com, Lexis Advance

Temporary Partial Disability—WCAB denied applicant’s request for temporary partial disability benefits for admitted 10/28/2011 industrial back injury, when WCAB found that employer requested medical reports indicating applicant’s medical status in letter to applicant dated 7/24/2012, that applicant acknowledged existence of 7/24/2012 letter and knowledge of employer’s request for medical status documentation, that applicant did not respond to…

For more information about LexisNexis products and solutions, connect with us through our corporate site