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Deputy Sheriff Found 100 Percent Disabled in Dueling Vocational Experts Case: Cal. Comp. Cases June Advanced Postings (6/12/2014)

June 12, 2014 (3 min read)

Here are the second and third batches of advanced postings for the June 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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County of San Mateo, PSI, adjusted by Northern Claims Management, Petitioner v. Workers' Compensation Appeals Board, Robert Belmont, Respondents,, Lexis Advance

Permanent Disability—Rating—Permanent Total Disability—WCAB, affirming WCJ, held that applicant/deputy sheriff was entitled to 100 percent permanent total disability as result of industrial cumulative trauma in form of stomach cancer, notwithstanding that agreed medical evaluator’s report rated at 97 percent permanent disability under AMA Guides, when WCAB found that opinion of applicant’s vocational expert indicating that applicant was unemployable due to multiple limitations that would affect his ability to perform essential job functions and that could not be reasonably accommodated constituted substantial evidence to rebut scheduled rating…

Mount San Jacinto Community College District, Petitioner v. Workers' Compensation Appeals Board, Susan Lemerande, Respondents,, Lexis Advance

Discrimination—Labor Code § 132a—Statute of Limitations—WCAB affirmed WCJ’s finding that Labor Code § 132a discrimination claim filed by applicant, who was terminated after exhausting industrially-related administrative leave and placed on 39-month rehire list pursuant to Education Code § 88192, was not barred by statute of limitations, when WCAB found that…

City of Scotts Valley, PSI, JT2 Integrated Resources, Petitioners v. Workers' Compensation Appeals Board, County of Santa Cruz, legally uninsured, Sedgwick CMS, Guy E. Collins, Respondents,, Lexis Advance

Presumption of Industrial Causation—Cancer—Peace Officers—WCAB held that (1) applicant sustained cumulative trauma injury AOE/COE to his thoracic spine and in form of cancer (plasmacytoma) while working for first of two employers, petitioner City of Scotts Valley, from 11/4/1984 through 10/8/2001, (2) last injurious exposure under Labor Code § 5500.5 occurred during applicant’s employment with city, (3) claim against city was not barred by statute of limitations, (4) Labor Code § 3212.1 presumption that peace officer’s cancer was caused by his employment applied to subsequent employer County of Santa Cruz and presumption was rebutted, and (5) city was liable for applicant’s benefits, whether or not Labor Code § 3212.1 presumption applied to city, when WCAB found that…

Castle Point National Insurance, a division of Tower Insurance Group, Petitioner v. Workers' Compensation Appeals Board, Los Amigos Construction, ACEO, Koosharem Corp., dba Select Focus, ACE American Insurance Company, Pedro Valderrama, Sr., (Dec'd), Maria Solis (Spouse), Respondents,, Lexis Advance

Insurance Coverage—Identity of Insurer—Policy Cancellation—WCAB affirmed WCJ’s award of death benefits in favor of decedent’s wife and son and against defendants ACEO Payroll Co. (ACEO) and Castle Point National Insurance Company (Castle Point), and held that WCJ reasonably concluded that Castle Point was employer’s workers’ compensation carrier on date of decedent’s injury resulting in death, and that there was insufficient evidence to support defendants’ contention that employer switched workers’ compensation carriers to ACE American Insurance Co.  (ACE American) prior to decedent’s injury, when WCAB found that…

Alonzo Watkins, Petitioner v. Workers' Compensation Appeals Board, Long Beach Unified School District, PSI, administered by Tristar Risk Management, Respondents,, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration of findings and award because petition was not filed within time requirements of Labor Code § 5903, Code of Civil Procedure § 1013, and 8 Cal. Code Reg. § 10507, when WCAB found…


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