Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)

Departure From Strict AMA Guides Rating Justified for Ankle Injury: Cal. Comp. Cases December Advanced Postings (12/24/2012)

Here’s the fourth batch of advanced postings for the December 2012 issue of Cal. Comp. Cases.

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

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Western Towing (Total H. R. Solutions, dba Western Towing), Castlepointe National Insurance, administered by Tower Group Companies, Petitioners v. Workers' Compensation Appeals Board, Julius Steward, Respondents, 2012 Cal. Wrk. Comp. LEXIS 165

Permanent Disability—Rating—WCAB awarded applicant tow truck driver 29 percent permanent partial disability for industrial admitted right ankle injury and compensable consequence right shoulder injury, based on opinions from agreed medical evaluator and applicant’s unrebutted testimony, when WCAB found that agreed medical evaluator gave opinions that standard AMA Guides’ ratings under range of motion or fracture methods did not provide accurate measure of degree of applicant’s disability, that applicant’s disability was best defined using…

Time Warner Cable, Inc., Insurance Company of New Hampshire, c/o Chartis, administered by ESIS, Petitioners v. Workers' Compensation Appeals Board, William Aguilar, Respondents, 2012 Cal. Wrk. Comp. LEXIS 163

Psychiatric Injury—Good Faith Personnel Actions—WCAB, in split panel decision, affirmed WCJ’s finding that applicant suffered injury to his psyche and nervous system while employed as direct sales representative and as customer service representative, and that applicant’s psychiatric claims were not barred by Labor Code § 3208.3(h), when WCAB found that …

B. Rock Choe, M.D., Petitioner v. Workers' Compensation Appeals Board, Kwon Lee, dba Price Cafe, California Indemnity Insurance Company, (Tok Sun Song), Respondents, 2012 Cal. Wrk. Comp. LEXIS 161

Lien Claims—Medical Treatment—WCAB ordered defendant to pay lien for medical treatment applicant received from 1993 through 6/1/2005 for applicant’s two industrial injuries, at rates in Official Medical Fee Schedule with credit for previous payments, when WCAB found that …

Jackie L. Moore, Petitioner v. Workers' Compensation Appeals Board, Veena Charu, M.D., State Farm & Casualty Co., Physician's Clinical Laboratory, California Insurance Guarantee Association, administered by Cambridge Integrated Services Group, Inc., on behalf of Fremont Indemnity Company, in liquidation, Unilab Corporation, CNA Standard Liens Claims, Respondents, 2012 Cal. Wrk. Comp. LEXIS 162

Injury AOE/COE—WCAB held that applicant phlebotomist/medical assistant did not sustain injury AOE/COE in form of hepatitis C in period from 1993 through 2/1996 while working for five different employers, based on substantial evidence opinion from independent medical evaluator/hepatoloist appointed by WCAB, when WCAB found that…

Travelers Property Casualty Company of America, The, insurer for Fisher Development, Petitioner v. Workers' Compensation Appeals Board, Michael Giammona, Respondents, 2012 Cal. Wrk. Comp. LEXIS 164

Petitions for Reconsideration—Final Orders—WCAB dismissed petition for reconsideration appealing WCJ’s 6/14/2012 order that was not final order within meaning of Labor Code § 5900(a) and Labor Code § 5902, when WCJ’s order set matter for trial and…

Removal to WCAB—Alternatively, WCAB denied petition for removal to WCAB due to same 6/14/2012 WCJ order, when WCAB found that…

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