Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 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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Bank of America, PSI, adjusted by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Lalita Chand, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—WCAB affirmed WCJ’s finding that applicant suffered 100 percent permanent disability as result of admitted industrial injuries to her left knee, left shoulder, mouth, head, and psyche, based on reports of agreed medical examiner, panel qualified medical evaluator, and vocational expert, when (1) orthopedic agreed medical examiner found that applicant suffered from orthopedic dysfunction with major psychiatric co-morbidity, and that strict AMA Guides whole person impairment of zero percent based on physical pathology did not accurately reflect applicant’s disability, and WCAB found that…

Evidence—Admissibility—WCAB affirmed WCJ’s finding that, based on reasoning in Dole Bakersfield, Inc. v. W.C.A.B. (Arguelles) (1998) 64 Cal. App. 4th 1273, 75 Cal. Rptr. 2d 836, 63 Cal. Comp. Cases 698, report of vocational expert listed as defense exhibit on pretrial conference statement was properly admitted into evidence even though defendant withdrew exhibit at trial and document was introduced by applicant, when WCAB found that...

City and County of San Francisco, PSI, adjusted by Workers' Compensation Division, Petitioner v. Workers' Compensation Appeals Board, Robert Biernat, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded applicant city and county police officer 20 percent permanent partial disability, after adjustment for age and occupation, and without apportionment, for admitted injury AOE/COE to low back on 6/26/2011, based on opinions from agreed medical evaluator, stipulation of parties that agreed medical evaluator’s report would rate 20 percent permanent partial disability, and WCAB’s findings that…

Compwest Insurance Company, Petitioner v. Workers' Compensation Appeals Board, Rico Corporation, Inc., dba Rico International, Redlands Insurance, American Casualty, State Compensation Insurance Fund, Zenith Insurance Company, Kathleen Cochran Marshall, Respondents, lexis.com, Lexis Advance

Cumulative Trauma Injury AOE/COE—Date of Injury—WCAB held that applicant quality control musician sustained cumulative trauma injury AOE/COE in period ending 9/17/2008 to back, neck, right knee, both ankles, both hands, both wrists, left shoulder, and left thumb, that applicant’s date of injury under Labor Code § 5412 was 9/17/2008 (date of concurrence of disability in 2000 and knowledge of industrial nature of cumulative trauma injury from medical advice on 9/17/2008 from qualified medical evaluator), that two insurers, including petitioner, who insured employer in year before 9/17/2008 were liable for applicant’s workers’ compensation benefits under Labor Code § 5500.5, and that petitioner must pay and administer award, subject to contribution, when WCAB found that…

Jonathan Woodard, Petitioner v. Workers' Compensation Appeals Board, Flowmaster Muffler, Valley Forge Insurance, Federal Insurance Company, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not timely filed, when WCJ filed and served decision on 12/5/2013 related to applicant/petitioner’s three industrial injuries, permanent disability rating, and further medical treatment, petitioner had 25 days after service to file petition for reconsideration, pursuant to…

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