SSA Finding of Disability Used to Apply Conclusive Presumption of Dependency: Cal. Comp. Cases October Advanced Postings (10/4/2013)

Here’s the second batch of advanced postings for the October 2013 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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City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Jennifer Campbell (Daughter), Jamie Xelowski (Dec'd), Respondents, 2013 Cal. Wrk. Comp. LEXIS 152 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 152 (Lexis Advance)

Death Benefits—Continuation Benefits for Totally Dependent Minor Children—WCAB, rescinding WCJ’s finding, held that Notice of Award from Social Security Administration issued to decedent’s adult daughter, in which Social Security Administration found that decedent’s daughter became “disabled” pursuant to 42 U.S.C.S. § 423(d)(2)(A) five years before her mother’s death, was sufficient to meet Labor Code § 3501(a) requirement of administrative finding by “trier of fact” that decedent’s daughter was “physically or mentally incapacitated from earning” for purposes of applying conclusive presumption of dependency, when…

Donald Lumb, Petitioner v. Workers' Compensation Appeals Board, City of Chula Vista, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 153 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 153 (Lexis Advance)

Overpayment of Permanent Disability—Credit—WCAB, in split panel decision, held that defendant was entitled to credit under Labor Code § 4909 against applicant/police officer’s permanent disability indemnity in cumulative injury case for overpayment of permanent disability in specific injury case, when WCAB found that…

Adam Truitt, Petitioner v. Workers' Compensation Appeals Board, County of San Diego, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 154 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 154 (Lexis Advance)

Permanent Disability—Rating—AMA Guides—Development of Medical Record—WCAB, affirming WCJ in split panel decision, held that applicant who sustained industrial injury in form of Lyme disease while working as deputy sheriff, incurred zero percent permanent disability, when panel qualified medical evaluator and treating physician opined that …

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