Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 2015 issue of Cal. Comp. Cases.

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

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Tina Solano, Petitioner v. Workers' Compensation Appeals Board, Wal-Mart Associates, Inc., American Home Assurance, administered by York Risk Services Group, Inc., Respondents, lexis.com, Lexis Advance

Permanent Disability—Substantial Evidence—WCAB rescinded WCJ’s finding that applicant suffered 82 percent permanent disability from admitted carpal tunnel injury, as well as injury to her upper extremities and cervical spine, and returned matter to trial level for new permanent disability rating based on findings of applicant’s primary treating physician instead of on opinion of qualified medical evaluator on which WCJ had relied, when WCAB concluded that…

Employers Insurance Company of Wausau (administered by Liberty Mutual Insurance Company), insurer for Guy F. Atkinson Construction, Petitioners v. Workers' Compensation Appeals Board, Turner Construction, Inc., Liberty Mutual Insurance Company, Dwight Parker, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Multiple Employers—WCAB held that applicant hard rock miner sustained cumulative trauma injury AOE/COE to his lungs in period 1978 through 3/2008 from exposure to dust, fumes, and other airborne materials, when WCAB found that latency period was...