Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings

Here’s the second batch of advanced postings for February 2015 issue of Cal. Comp. Cases.

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

© Copyright 2015 LexisNexis. All rights reserved.

Jessie Lee Sherrod, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles (MLK Hospital), administered by Tristar, Respondents, Lexis 

Temporary Total Disability—Long-Term Disability—Settlements—WCAB, affirming WCJ, held that defendant was entitled to credit against its temporary total disability liability in amount of $111,840.44 for full amount of long-term disability benefits paid by lien claimant to applicant physician who suffered cumulative industrial injury in form of fibromyalgia, chronic fatigue syndrome, and stress, and WCAB concluded that defendant was not limited to credit in amount of $74,550 based on long-term disability settlement entered into between applicant and long-term disability lien claimant, when…

Karen Clacher, Petitioner v. Workers' Compensation Appeals Board, The Call Center, LLC, State Compensation Insurance Fund, Respondents, Lexis

Psychiatric Injury—Actual Events of Employment—Burden of Proof—WCAB reversed WCJ’s finding that applicant collections agent suffered compensable psychiatric injury, in addition to admitted orthopedic injuries, when applicant claimed that she incurred physical and psychiatric injuries after allegedly being struck and knocked to floor by coworker and, although WCJ found applicant’s unrebutted testimony regarding events to be credible and found psychiatric agreed medical evaluator’s reporting, when viewed as a whole, to constitute substantial evidence of compensable psychiatric injury, WCAB reasoned that…

Stephino Brown, Petitioner v. Workers' Compensation Appeals Board, FirstGroup America/First Transit, adjusted by Sedgwick Claims Management Services, Respondents,Lexis

Petitions for Reconsideration—Final WCAB Orders—Removal to WCAB—WCAB dismissed unrepresented applicant’s petition for reconsideration of 7/14/2014 order of PWCJ, when PWCJ’s order (1) granted defendant’s motion to compel applicant to attend examination by panel qualified medical evaluator and also by neurologist consulting with applicant’s primary treating physician, (2) ordered applicant to attend next scheduled appointments with panel qualified medical evaluator and neurologist, (3) suspended applicant’s right to…