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No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)

July 22, 2015 (1 min read)

Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases.

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

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Ace American Insurance Company (administered by Sedgwick Claims Management Services), insurer for Lancaster Community Hospital, Petitioner v. Workers' Compensation Appeals Board, Bonnie Martin, Respondents, lexis.com, Lexis Advance

WCAB Procedure—Bifurcation of Issues for Trial—Due Process—WCAB, in split panel decision, denied defendant’s petition for removal challenging WCJ’s finding that defendant was not entitled to bifurcation of third-party credit and employer negligence issues and trial on those issues alone when normal compensation issues were not yet ready for trial, when WCJ ordered matter off-calendar over defendant’s objection because discovery was not completed in case-in-chief, and WCAB panel majority found no due process violation in...

Illinois Midwest Insurance Agency, LLC, administrator for ProCentury Insurance Company (insurer for 81 Grand Holdings, Inc., dba California Rehabilitation), Petitioner v. Workers' Compensation Appeals Board, Ernest Millette, Respondents, lexis.com, Lexis Advance

Medical Treatment—Utilization Review—WCAB affirmed WCJ’s order awarding applicant/occupational therapist, who incurred injury to his face and neck, medical treatment, including 12 hours per day of home healthcare services, supplies for Foley catheter, power wheelchair, and urological consult, requested by his primary treating physician after applicant’s release from hospital, post-surgery, when defendant indefinitely deferred utilization review of medical treatment on basis that “causation is in dispute,” applicant attempted to resolve dispute through panel qualified medical evaluator and then, when that failed, sought to resolve dispute by requesting expedited hearing, and WCAB found that…

Jennifer Hickey, Petitioner v. Workers' Compensation Appeals Board, North Valley Developmental Services, Inc., Star Insurance, administered by Illinois Midwest Insurance Agency, LLC, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Post-Termination Defense—WCAB held that applicant did not sustain her burden of proving injury AOE/COE on 4/21/2013 to her right shoulder, upper extremities, or neck, when WCAB found that applicant’s testimony that she was injured from altercation with patient on …

Discrimination—Labor Code § 132a—WCAB held that applicant’s claim for Labor Code § 132a discrimination was barred because she did not file claim within one year of 4/24/2013 termination, since claim was filed on 4/30/2014, and that, alternatively, even if …