Psyche Injury Known to Exist Prior to Issuance of Stipulated Awards Was Not New and Further Disability: Cal. Comp. Cases December Advanced Postings (11/21/2014)

Here’s the first batch of advanced postings for December 2014 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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Hugo Bolanos, Petitioner v. Workers' Compensation Appeals Board, Inland Valley Saw Services, The Hartford, administered by Athens Administrators, Respondents, lexis.com, Lexis Advance

Petitions to Reopen—New and Further Disability—WCAB affirmed WCJ’s order denying applicant machine operator’s Petition to Reopen in which applicant claimed injury to his psyche, which was previously unclaimed body part, when applicant did not allege psyche injury in Application for Adjudication of Claim alleging injury to his lungs/respiratory system, nor was psyche injury included in two prior Stipulated Awards issued, and WCAB found that applicant knew or should have known of existence of psyche injury before Stipulated Awards were issued, based on...

Jennifer James, Petitioner v. Workers' Compensation Appeals Board, City of Santa Rosa, PSI, administered by Redwood Empire Municipal Insurance Fund, Respondents, lexis.com, Lexis Advance

Public Employees—Salary in Lieu of Benefits—WCAB, in split panel decision, affirmed WCJ’s denial of applicant/police officer’s claim for additional Labor Code § 4850 benefits for period during which she was temporarily partially disabled and was working part-time modified duties as result of her industrial back injury, and held that Labor Code § 4850 benefits are to be paid to injured worker who returns to part-time work for one calendar year, rather than for equivalent of one year’s salary, when…

Robert Comer, Petitioner v. Workers' Compensation Appeals Board, G2 Graphic Services, Inc., The Hartford, State Compensation Insurance Fund, Preferred Employers, Berkshire Hathaway, California Insurance Guarantee Association, administered by Sedgwick, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant dispatch manager/film developer did not sustain burden of proving cumulative trauma injury AOE/COE from 7/14/1969 through 5/2010 to his eyes, stress, psyche, respiratory system, internal, neurological, headaches, cardiac, and sleep from alleged exposure to chemicals, when WCAB found…

Raul Marin Gonzalez, Petitioner v. Workers' Compensation Appeals Board, Everson Spice Company, Inc., Tower Select Insurance Company, administered by Illinois Midwest Insurance Agency, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Time to File—Court of Appeal denied petition for writ of review not filed within time requirements of Labor Code § 5950…

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