WCAB Lacked Jurisdiction for Football Player’s Claimed Out of State Injuries: Cal. Comp. Cases November Advanced Postings (11/5/2012)

WCAB Lacked Jurisdiction for Football Player’s Claimed Out of State Injuries: Cal. Comp. Cases November Advanced Postings (11/5/2012)

Here’s the third batch of advanced postings for the November 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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Michael Barrow, Petitioner v. Workers' Compensation Appeals Board, Dallas Cowboys, et al., Respondents, 2012 Cal. Wrk. Comp. LEXIS 140

WCAB Jurisdiction—Extraterritorial Jurisdiction—WCAB held that it did not have jurisdiction over applicant’s claimed out-of-state industrial injuries under Labor Code §§ 3600.5(a) and 5305 because applicant’s contract of hire was not made in California, when WCAB found that …

City of Sacramento, legally uninsured, Petitioner v. Workers' Compensation Appeals Board, Timothy Oakes, Respondents, 2012 Cal. Wrk. Comp. LEXIS 142

Presumption of Compensable Heart Trouble—Firefighters—Anti-Attribution Clause—WCAB held that anti-attribution clause in Labor Code § 3212 applied to applicant/firefighter’s claim for left ventricular hypertrophy (LVH) suffered by applicant while engaged in training exercise at work, notwithstanding that LVH was caused by applicant’s pre-existing hyperthyroidism, when WCAB found that …

California Pharmacy Management, Petitioner v. Workers' Compensation Appeals Board, Robert Munson, Inc., Virginia Surety Company, (Thomas R. Coffin), Respondents, 2012 Cal. Wrk. Comp. LEXIS 141

Lien Claims—Medical Treatment—WCAB disallowed petitioner’s lien in its entirety because petitioner/lien claimant did not show identity of applicant’s primary treating physician, did not show that prescription medications it provided to applicant were prescribed by applicant’s primary treating physician or reviewed and incorporated by primary treating physician, and did not show that prescriptions were reasonably required to cure and relieve effects of applicant’s industrial injury, when WCAB found that…

Jac Pizza Inc., dba Domino's Pizza, Hanover Insurance Group, Petitioner v. Workers' Compensation Appeals Board, Lewis Hoops, Respondents, 2012 Cal. Wrk. Comp. LEXIS 143

Employment Status—WCAB held that applicant was defendant’s employee on 4/30/2011, not independent contractor, when WCAB found that…

Stater Bros. Markets, Hartford Insurance, administered by Sedgwick Claims Management Services, Petitioners v. Workers' Compensation Appeals Board, Eric Jefferson, Respondents, 2012 Cal. Wrk. Comp. LEXIS 144

Injury AOE/COE—WCAB held that applicant sustained injury AOE/COE to his heart in period from 10/6/89 through 7/1/2006 from his work for defendant as meat clerk, meat cutter, and meat manager, based on applicant’s credible testimony and opinions from agreed medical evaluator, when WCAB found that …

Roosevelt D. Wardell, Jr., Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles, PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 145

Petitions for Removal—WCAB dismissed pro per applicant’s petition for removal as moot on 5/15/2012, when WCAB found that…

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