Here’s the third 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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Ecolab, Inc., New Hampshire Insurance Company, administered by Broadspire, Petitioners v. Workers' Compensation Appeals Board, David Contreras, Respondents, 2012 Cal. Wrk. Comp. LEXIS 158
Injury AOE/COE—Burden of Proof—WCAB upheld WCJ’s finding that applicant suffered injury AOE/COE to his left knee based on totality of record, including applicant’s unrebutted testimony that he smashed his left knee and leg against steering column of his truck while en route to visit customer, and substantial medical evidence indicating that applicant needed knee surgery as result of that blow, and WCAB found that fact that applicant had played soccer in past, while…
Adir International, LLC, dba LA Curacao, Travelers Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Yesenia Guillen, Respondents, 2012 Cal. Wrk. Comp. LEXIS 154
Medical-Legal Procedure—Assignment of Qualified Medical Evaluator Panel—WCAB granted removal and rescinded WCJ’s order that applicant/sales associate, who alleged industrial back, nervous system, and psyche injuries, violated Labor Code § 4062.2(c) by striking name from panel qualified medical evaluator list prematurely, thereby nullifying strike, when WCAB found that…
Charter Communications, Inc., New Hampshire Insurance Company, adjusted by Broadspire, Petitioners v. Workers' Compensation Appeals Board, Michael Waters, Respondents, 2012 Cal. Wrk. Comp. LEXIS 156
Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB affirmed WCJ’s finding that applicant incurred 65 percent permanent disability as result of injuries to his lower extremities and left knee, when applicant chose to rebut scheduled rating through cross-examination of…
Philip Daniels, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles, legally uninsured, administered by Tristar Risk Management, Subsequent Injuries Benefits Trust Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 157
Subsequent Injuries Benefits Trust Fund—Threshold Requirements for Liability—WCAB, reversing WCJ, held that applicant/data systems analyst, who incurred injuries to his low back, psyche, and internal system injuries, was not entitled to Subsequent Injuries Benefits Trust Fund benefits, when WCJ’s award of such benefits was based on…
Travelers Indemnity Company of Connecticut, The, insurer for Openwave Systems, Inc., Petitioner v. Workers' Compensation Appeals Board, American Protection Insurance Company, insurer for Openwave Systems, Inc., (James Kendall), Respondents, 2012 Cal. Wrk. Comp. LEXIS 159
Cumulative Trauma Injury—Date of Injury—WCAB rescinded Arbitrator’s finding that period of liability pursuant to Labor Code §§ 5412 and 5500.5 for purposes of contribution between defendant’s two carriers was 6/7/2003 through 6/7/2004, and held that liability period was 9/30/2003 through 9/29/2004, when WCAB found that…
Clinica De La Raza, Illinois Midwest Insurance Company, on behalf of Tower Select Insurance, Petitioners v. Workers' Compensation Appeals Board, Lily Noya, Respondents, 2012 Cal. Wrk. Comp. LEXIS 155
Removal to WCAB—WCAB denied removal to itself under Labor Code § 5310 related to WCJ’s order taking matter off calendar, ordering further discovery, and ordering further evaluation by panel qualified medical evaluator, when WCAB found that…
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