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Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)

April 02, 2015 (1 min read)

Here are the first and second batches of advanced postings for the April 2015 issue of Cal. Comp. Cases.

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

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Lynda Myers, Petitioner v. Workers' Compensation Appeals Board, Pomona Unified School District, California Insurance Guarantee Association, administered by Broadspire, on behalf of California Compensation, in liquidation, Respondents,  Lexis

Permanent Disability—Rating—Substantial Evidence—WCAB, in split panel decision, rescinded WCJ’s award of 100 percent permanent disability to applicant teacher who suffered 4/3/98 industrial orthopedic and psychiatric injuries, and held that applicant’s injury caused 93 percent permanent disability, based on reporting of agreed medical evaluator, John Greenfield, M.D., when WCAB disagreed with WCJ’s finding that Dr. Greenfield’s reports were not substantial evidence regarding applicant’s level of permanent disability, accepted Dr. Greenfield’s conclusion that applicant was precluded from sedentary work, and found that...

Tradesmen International, Inc., New Hampshire Insurance Company, adjusted by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Hassaan Salaam, Respondents, Lexis

Cumulative Trauma Injury AOE/COE—WCAB held that applicant welder/millwright sustained cumulative trauma injury AOE/COE to his right shoulder, back, and psyche, based on applicant’s credible testimony and opinions from two panel qualified medical evaluators, which WCAB found were substantial medical evidence, when WCAB also found that…

Judith Gonzales (aka Judith Gonzalez), Petitioner v. Workers' Compensation Appeals Board, Tri-City Recovery, State Compensation Insurance Fund, Respondents, Lexis

Temporary Disability—WCAB held that there was insufficient medical evidence to support applicant’s requested award of temporary total disability benefits from 1/11/99 through 5/4/2006 for cumulative trauma industrial back injury ending 10/22/98, when WCAB found that…