California Workers’ Comp Case Roundup (9/8/2012): Loss of Consortium Claim Barred Under Exclusive Remedy Rule

California Workers’ Comp Case Roundup (9/8/2012): Loss of Consortium Claim Barred Under Exclusive Remedy Rule

CALIFORNIA COMPENSATION CASES

Vol. 77 No. 8 August 2012

A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review

CONTENTS OF THIS ISSUE

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

Appellate Court Compensation Case

Hart (Stephen) v. W.C.A.B., 77 Cal. Comp. Cases 693

Compensable Consequence Injuries—Temporary Disability Benefits—Court of Appeal, annulling WCAB decision and remanding matter, held that WCAB erred by concluding that earlier decision precluded it from considering applicant’s cervical problems and, thus, whether applicant was entitled to continued temporary total disability benefits based not only on his shoulder injuries, but also on his cervical problems, when Court of Appeal found that …

Supreme Court Case Not Originating With Appeals Board

LeFiell Manufacturing Co. v. The Superior Court of Los Angeles County, 77 Cal. Comp. Cases 700

Exclusive Remedy Rule—Power Press Exception—Loss of Consortium—California Supreme Court, reversing Court of Appeal judgment denying defendant’s petition for writ of mandate to overturn trial court’s order overruling defendant’s demurrer to plaintiff’s loss of consortium claim, held that, when worker’s power press injuries do not prove fatal, standing to bring action at law for those injuries has been expressly restricted by legislature in Labor Code § 4558(b) to injured worker alone, and that spouse’s claim for loss of consortium is barred under exclusive remedy rule in Labor Code § 3600(a), when Supreme Court found that…

Federal Circuit Court Opinion of Related Interest

Matthews (Bruce) v. National Football League Management Council, 77 Cal. Comp. Cases 711

Jurisdiction—California Public Policy—Federal Labor Policy—U.S. Court of Appeals, Ninth Circuit, affirming decision of U.S. District Court, Southern District of California, held that plaintiff had not alleged sufficient contracts with California to show that his workers’ compensation claim came within scope of California workers’ compensation regime and, therefore, had not met his burden of establishing that arbitration award prohibiting him from pursuing California benefits violated explicit, well-defined, and dominant California public policy, that, because plaintiff had not shown that award deprived him of something to which he was entitled under state law, he likewise had not shown that it violated federal labor policy, and that he had not established that arbitrator manifestly disregarded Full Faith and Credit Clause of U.S. Constitution, when U.S. Court of Appeals found that …

Digests of WCAB Decisions Denied Judicial Review

Editorial Board members Frederick W. Bray, William A. Herreras, Hon. Colleen S. Casey, John W. Miller, and Ronald W. Smitter recommended the following writ denied cases for summarization in this issue.

Davis (Devon) v. W.C.A.B., 77 Cal. Comp. Cases 722

Death Benefits—Amount of Benefit—WCAB held that WCJ correctly found that partially dependent applicant was entitled to $25,000 death benefit stemming from death of decedent/bus driver who suffered fatal injury, despite applicant’s assertion that, since her totally dependent son was entitled to $250,000 death benefit, she was entitled to difference between $290,000 and $250,000, i.e., $40,000, when WCAB found that…

Petitions for Writ of Review—Final Order—Court of Appeal denied as premature petition for writ of review from decedent's son, when…

Dunninghan (Sharon) v. W.C.A.B., 77 Cal. Comp. Cases 726

Medical Treatment—Housekeeping Services—WCAB held that applicant did not sustain burden of proving that housecleaning services at her residence were reasonable and necessary medical treatment to cure and relieve effects of applicant’s two admitted industrial injuries to neck and back, and that opinions from AME were not sufficient to…

Giroux Glass Inc. v. W.C.A.B. (Hatley, Rodney), 77 Cal. Comp. Cases 730

Permanent Disability—Rating—Permanent Total Disability—WCAB affirmed WCJ’s finding that applicant/glazer incurred 100 percent permanent disability as result of cumulative injury to his back, based on…

Permanent Disability—Apportionment—WCAB, applying Labor Code § 4663 and decision in LeBoeuf v. W.C.A.B. (1983) 34 Cal. 3d 234, 193 Cal. Rptr. 547, 666 P.2d 989, 48 Cal. Comp. Cases 587, held that there was no basis for apportionment of applicant’s permanent total disability to non-industrial factors when…

Insurance Co. of the State of Pennsylvania v. W.C.A.B. (Sepulveda, Trinidad), 77 Cal. Comp. Cases 734

WCAB Jurisdiction—New and Further Temporary Disability—Five-Year Statute of Limitations—WCAB held that WCJ had jurisdiction to award applicant/carpenter temporary disability indemnity for period of temporary disability incurred more than five years after date of injury in connection with industrial injuries suffered by applicant to his back, left hip, left knee, and shoulders on 10/11/2000 and to his left shoulder during cumulative period, when…

Lopez (Aida) v. W.C.A.B., 77 Cal. Comp. Cases 738

Removal to WCAB—WCAB denied applicant’s petition to remove case to itself, stemming from applicant’s injury to low back and claimed injury to psyche and WCJ’s findings and order ordering Medical Director, Division of Workers’ Compensation, to find replacement panel qualified medical evaluator member or replacement panel in field of psychology, when…

Lopez (Noel) v. W.C.A.B., 77 Cal. Comp. Cases 741

Injury AOE/COE—WCAB held that applicant/farmworker sustained injury AOE/COE to low back from 7/31/2001 through 7/31/2002, when…

Injury AOE/COE—WCAB held that applicant sustained injury AOE/COE to his low back on 2/16/98, when WCAB found that…

Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE to back, hernia, hemorrhoids or chronic pain syndrome, or any other body part on 5/29/2001 or 6/26/2001, when WCAB found that…

Sanctions—WCAB, granting reconsideration, issued notice to impose sanctions of $1,000 against applicant’s attorney and his law office, jointly and severally, pursuant to Labor Code § 5813 and 8 Cal. Code Reg. § 10561(b), for…

Matthew Lawrence Construction v. W.C.A.B. (Martinez, Jose), 77 Cal. Comp. Cases 747

Employment Relationships—Employees—WCAB held that applicant, who injured his left arm while trimming hedge on rental property owned by defendant Martin Lawrence, was employee of defendant Martin Lawrence Construction, rather than independent contractor under Labor Code § 3353 or 3357 or residential employee of Mr. Lawrence, at time of his injury, based on…

Moelleken v. W.C.A.B. (Brock, Travis), 77 Cal. Comp. Cases 753

Liens—Medical Treatment—Collateral Estoppel—WCAB held that lien claimant was collaterally estopped from litigating his lien for medical treatment provided to applicant/plumber’s assistant who alleged that he sustained industrial injuries to his left shoulder, back, and neck, when…

Production Framing Systems v. W.C.A.B. (Dove, Robert), 77 Cal. Comp. Cases 756

Psychiatric Injuries—Six-Month Employment Rule—Sudden and Extraordinary Employment Condition—WCAB, reversing WCJ, held that psychiatric injury suffered by applicant when…

California Insurance Guarantee Association—Other Insurance—General and Special Employers—WCAB held that special employer’s insurance carrier was solely liable for workers’ compensation benefits owed to applicant who incurred permanent total disability as result of orthopedic and psychiatric industrial injuries, when…

Other WCAB Decisions Denied Judicial Review

Davis (Phillip) v. W.C.A.B., 77 Cal. Comp. Cases 764

Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review not filed within…

Kelly Staff Leasing v. W.C.A.B. (Behm, Laureen), 77 Cal. Comp. Cases 765

Injury AOE/COE—After granting petition to reopen stipulated award, WCAB held that applicant sustained cumulative trauma injury AOE/COE to right hand and right foot in period from 8/28/95 through 6/19/2003, in addition to…

Temporary Disability—Petitions to Reopen for New and Further Disability—After granting petition to reopen stipulated award for new and further disability, WCAB awarded applicant temporary total disability from 1/15/2008 to present and continuing, for injury to back, left knee, right hand, and right foot, based on…

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