Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases.

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

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City of Bell, PSI, administered by Adminsure, Petitioner v. Workers' Compensation Appeals Board, Steven Finkelstein, Respondents, lexis.com, Lexis Advance

Public Employees—Salary in Lieu of Benefits—WCAB affirmed WCJ’s finding that applicant police captain who suffered admitted cumulative injury to his low back and knees from 1/22/92 through 5/14/2014 was entitled to Labor Code § 4850 benefits, notwithstanding defendant’s assertion that it was liable for temporary disability benefits rather than Labor Code § 4850 benefits because applicant had been laid off for fiscal reasons after disability period started, when WCAB found that…

City of Glendale, PSI, Petitioner v. Workers' Compensation Appeals Board, James Fisher, Respondents, lexis.com, Lexis Advance

Statute of Limitations—WCAB held that applicant city maintenance worker’s claim of cumulative trauma injury from 5/5/80 to 4/1/2009 to back, both legs, knees, feet, and ankles was not barred by statute of limitations of Labor Code § 5405, when WCAB found that…

Christina Garcia, Petitioner v. Workers' Compensation Appeals Board, St. Mary's and All Angels School, Oak River Insurance Company, administered by Berkshire Hathaway Homestate Companies, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant teacher and summer school director did not sustain burden of proving injury AOE/COE to psyche, sleep, internal system, and in form of migraine headaches, when applicant claimed that stress at work caused her injuries and WCAB found that…

Gustavo Antonio Mendoza, Petitioner v. Workers' Compensation Appeals Board, Professional Security Consults/Professional Security Consultants, CNA Claims Plus, Respondents, lexis.com, Lexis Advance

Utilization Review—Timely Utilization Review Decisions—WCAB Jurisdiction—In case decided before issuance of Dubon v. World Restoration, Inc. (2014) 79 Cal. Comp. Cases 1298 (Appeals Board en banc opinion), WCAB held that utilization review decision of 6/24/2014 was timely made and valid and that, therefore, it had no jurisdiction to determine validity, nature, and extent of requested medical treatment that was subject of utilization review determination, when WCAB found that…

California Insurance Guarantee Association, administered by Broadspire, on behalf of Superior National Insurance Company, in liquidation, insurer for United Staffing Solutions, Inc., Petitioner v. Workers' Compensation Appeals Board, HCA/Chino Valley Medical Center, Transportation Insurance Company, administered by Broadspire, David Hanna, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Dismissal for Failure to Serve—WCAB dismissed petition for reconsideration filed by California Insurance Guarantee Association for failure to serve petition on…