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Retroactive Prophylactic Restriction From Very Heavy Work Was Insufficient to Establish Pre-existing Disability: Cal. Comp. Cases February Advanced Postings (2/16/2012)

February 16, 2012 (1 min read)
Here’s the third batch of advanced postings for the February 2012 issue of Cal. Comp. Cases.
Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.
Dennis Timmons, Petitioner v. Workers' Compensation Appeals Board, California Mens Colony, State Compensation Insurance Fund, Subsequent Injuries Benefits Trust Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 210
Subsequent Injuries Benefits Trust Fund—WCAB held that applicant/correctional officer who suffered 85 percent permanent disability as result of 4/13/2000 industrial injuries to his back, hips, legs, shoulder, and psyche, and had previously undergone cervical fusion for 1991 neck injury, did not establish entitlement to SIBTF benefits pursuant to requirements in Labor Code § 4751, when …
Northrop Grumman Corporation (Electronic Systems), insured by Insurance Company of the State of Pennsylvania, administered by Chartis Insurance Services, Petitioner v. Workers' Compensation Appeals Board, Linda Elachkar, Respondents, 2012 Cal. Wrk. Comp. LEXIS 7
Cumulative Injury—Date of Injury—Statute of Limitations—WCAB affirmed WCJ's finding that applicant/microelectronic assembler suffered cumulative trauma to her back and neck during period ending 6/21/2007, and that applicant's application filed on 7/30/2008 was not barred by one-year statute of limitations in Labor Code § 5405, when defendant …
Arnie K. Ragland, Petitioner v. Workers' Compensation Appeals Board, Metropolitan Provisions, Argonaut Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 209
Vocational Rehabilitation—Repeal of Labor Code § 139.5—WCAB affirmed WCJ’s finding that applicant with 5/6/2000 back injury had vested right to vocational rehabilitation maintenance allowance from 7/7/2008, date of Rehabilitation Unit determination, but that applicant lost …
John Robichaud (Dec'd) and Eileen Robichaud (Widow), Petitioners v. Workers' Compensation Appeals Board, AAA Electrical & Communications, Inc., State Compensation Insurance Fund, et al., Respondents, 2012 Cal. Wrk. Comp. LEXIS 8
Injury/Death AOE/COE—WCAB held that applicant’s death on 11/17/2007 from accidental overdose of fentanyl and hydrocodone was not related to his admitted industrial right index finger injury on 6/21/2005 or disputed left hand and hernia injury on same date, based on opinions from panel qualified medical evaluator, which WCAB found were substantial medical evidence, and despite contrary opinions from applicant’s primary treating physician, which WCAB found were not substantial medical evidence, when WCAB found that …
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